[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22639]
[[Page Unknown]]
[Federal Register: September 13, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Paducah 94-001]
RIN 2115-AA97
Safety Zone; Upper Mississippi River, Mile 42.0 to Mile 43.7
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Upper
Mississippi River. This regulation is needed to restrict vessel traffic
in the regulated area to prevent an allision with the salvage equipment
located mid-channel at mile 43.0, Upper Mississippi River. The
regulation restricts general navigation in the regulated area for the
safety of vessel traffic and the protection of life and property along
the river.
EFFECTIVE DATE: This regulation is effective on August 24, 1994 and
terminates on October 24, 1994.
FOR FURTHER INFORMATION CONTACT:
LT Eric J. Mosher, Operations Officer, Captain of the Port, Paducah,
Kentucky at (502) 442-1621.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are LT Eric J. Mosher, Project
Officer, Marine Safety Office, Paducah, Kentucky and LT Sanders Moody,
Project Attorney, Second Coast Guard District Legal Office.
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
has not been published for this regulation and good cause exists for
making it effective in less than 30 days from the date of publication.
Following normal rulemaking procedures would have been impracticable.
Specifically, recent decreases in the river levels of the Upper
Mississippi River have necessitated the removal and salvage of two
sunken barges at miles 43.0 and 42.7 that have been determined to be a
hazard to navigation in that area. As a result, the Coast Guard deems
it to be in the public's best interest to issue a regulation
immediately.
Background and Purpose
The situation requiring this regulation is the reduction of the
channel width to 200 feet from below the Thebes Railroad Bridge at mile
43.7 to mile 42.0 due to the presence of salvage equipment. The salvage
equipment is on scene to refloat two sunken barges at miles 43.0 and
42.7 that have been determined to be a hazard to navigation in that
area. The regulation is intended to restrict all vessels to the
following provisions. Meeting, overtaking or passing in the safety zone
is prohibited. Upbound tows transiting the safety zone are limited in
size to twenty barges and not more than four wide. Downbound tows
transitting the safety zone are limited in size to fifteen barges and
not more than three wide. During daylight hours, all vessels
approaching the safety zone must contact the Coast Guard representative
on board the M/V CAPTAIN VAL on VHF-FM channels 6, 13 or 16 for passing
instructions. Upbound vessels must call in when approaching mile 39.0
and downbound vessels must call in when approaching mile 58.0. During
hours of darkness, all vessels must use all reasonable means to
identify vessels transiting or approaching the safety zone and make
safe passing arrangements. All vessels must transit the safety zone at
their slowest safe speed and should expect delays. All vessels are
urged to give the widest possible berth to salvage equipment and
operations. All vessels transiting the area are urged to exercise
extreme caution.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). Because the duration of this emergency situation is
anticipated to be short, the Coast Guard expects the economic impact of
this regulation to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
To avoid any unnecessary adverse economic impact on businesses
which use the river for commercial purposes, Captain of the Port,
Paducah, Kentucky will monitor river conditions and will authorize
unrestricted entry into the restricted area as conditions permit.
Changes will be announced by Marine Safety Information Radio broadcast
(Broadcast Notice to Mariners) on VHF marine band radio, channel 22
(157.1 MHz). Mariners may also call the Marine Safety Office, Paducah,
Kentucky for current information.
Small Entities
The Coast Guard finds that the impact on small entities, if any, is
not substantial. Therefore, the Coast Guard certifies under section
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this temporary rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this regulation under the principles
and criteria contained in Executive Order 12612 and has determined that
it does not raise sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
regulation and concluded that, under section 2.B.2 of Commandant
Instruction M16475.1B, this regulation is categorically excluded from
further environmental documentation as an action required to protect
public safety.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Temporary Regulation
In consideration of the foregoing, Subpart F of Part 165 of Title
33, Code of Federal Regulations, is amended as follows
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. A temporary Sec. 165.T02-064 is added, to read as follows:
Sec. 165.T02-064 Safety Zone: Upper Mississippi River mile 42.0 to
43.7.
(a) Location. The Upper Mississippi River between mile 42.0 and
mile 43.7 is established as a safety zone.
(b) Effective dates. This section becomes effective on August 24,
1994 and terminates on October 24, 1994.
(c) Regulations. Under the general regulations of Sec. 165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port. The Captain of the Port will notify the maritime
community of river conditions affecting the area covered by this safety
zone by Marine Safety Information Radio Broadcast on VHF Marine Band
Radio, Channel 22(157.1 MHz).
Dated: August 24, 1994.
Robert M. Segovis,
Commander, U.S. Coast Guard, Captain of the Port, Paducah, Kentucky.
[FR Doc. 94-22639 Filed 9-12-94; 8:45 am]
BILLING CODE 4910-14-M
