[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22130]


[[Page Unknown]]

[Federal Register: February 1, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

COTP St. Louis 94-001
RIN 2115-AA97

 

Safety Zone; Upper Mississippi River

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 control vessel movement 
during the construction of stone filled weirs in or near the navigable 
channel to ensure the safety of the construction workers. The 
regulation will prohibit navigation in the regulated area.

EFFECTIVE DATES: This regulation is effective January 7, 1994 and will 
terminate on February 20, 1994 unless sooner terminated by the Captain 
of the Port.

FOR FURTHER INFORMATION CONTACT: LT Timothy Deal, Operations Officer, 
Captain of the Port, St. Louis, Missouri at (314) 539-3823.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this regulation are ENS Andrew B. Cheney, Project 
Officer, Marine Safety Office, St. Louis, Missouri and LCDR A. O. 
Denny, 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, the construction of the weirs can only be undertaken 
below certain river stages and due to the dynamic nature of the river 
insufficient time exists to publish a notice of proposed rule making. 
The Coast Guard deems it to be in the public's best interest to issue a 
regulation without waiting for a comment period since the conditions 
present an immediate hazard.

Background and Purpose

    The Army Corp of Engineers continues to improve channel maintenance 
through constructing passive channelizing structures. The construction 
of the stone filled weirs is necessary in this historically troublesome 
area. As a result of this construction this regulation is necessary to 
provide safe working conditions and navigation within the affected 
area.

Regulatory Evaluation

    This regulation is not a significant regulatory action under 
Executive Order 12866 and is not significant under Department of 
Transportation Regulatory Policies and Procedures (44 FR 11040; 
February 26, 1979), it will not have a significant economic impact on a 
substantial number of small entities, and it contains no collection of 
information requirements.
    The Coast Guard expects the impact of this regulation to be so 
minimal that a Regulatory Evaluation is unnecessary. The imposed 
restrictions are anticipated to be of short duration. To avoid any 
unnecessary adverse economic impact on businesses which used the river 
for commercial purposes, Captain of the Port, St. Louis, Missouri will 
monitor the situation and will authorize entry into the closed area as 
conditions warrant. Changes will be announced by Marine Safety 
Information Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 
MHZ). Mariners may also call the Port Operations Officer, Captain of 
the Port, St. Louis, Missouri at (314) 539-3823 for current 
information.

Federalism Assessment

    Under the principles and criteria of Executive Order 12612, this 
regulation 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 
proposal and concluded that, under section 2.B.2.g.[5] of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation as an action to protect public 
safety.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (Water), Records and 
recordkeeping requirements, Security measures, Waterways.

Temporary Regulation

    In consideration of the foregoing, subpart C 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; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. A temporary Sec. 165.T02-001 is added, to read as follows:


Sec. 165.T02-001  Safety Zone: Upper Mississippi River.

    (a) Location. The Upper Mississippi River between mile 129.0 and 
132.0 is established as a safety zone.
    (b) Effective dates. This regulation becomes effective on January 
7, 1994 and will terminate on February 20, 1994.
    (c) Regulations. The general regulations under Sec. 165.23 of this 
part which prohibit entry into the described zones without authority of 
the Captain of the Port apply. The Captain of the Port, St. Louis, 
Missouri will notify the maritime community of river conditions 
affecting the areas covered by this safety zone by Marine Safety 
Information Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 
MHZ).

    Dated: January 7, 1994.
A.L. Peek,
Commander, U.S. Coast Guard, Captain of the Port, St. Louis, Missouri.
[FR Doc. 94-22130 Filed 1-31-94; 8:45 am]
BILLING CODE 4910-14-M