[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14881]


[[Page Unknown]]

[Federal Register: June 20, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP St. Louis 94-009]
RIN 2115-AA97

 

Safety Zone; Upper Mississippi River, Mile 685.5 to Mile 688.5

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 traffic 
in the regulated area to prevent erosion of the pilot channel. The 
regulation will restrict general navigation in the regulated area for 
the safety of vessel traffic and the protection of life and property 
along the river.

EFFECTIVE DATES: This regulation is effective on June 10, 1994 and will 
terminate on July 7, 1994.

FOR FURTHER INFORMATION CONTACT:
LT Siddall, 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 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, a falling river has contributed to shoaling and 
necessitated creation of a pilot channel for safe navigation of the 
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

    Lowered river levels have reduced navigational channel depths in 
this section of the Upper Mississippi River. Shoaling has resulted in 
several groundings and the subsequent establishment of a narrow pilot 
channel. This regulation is designed to protect the integrity of the 
pilot channel and to ensure safe navigation of this part of the river. 
Immediate publication is required to sustain commercial vessel 
operation.

Regulatory Evaluation

    This regulation 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). The Coast Guard expects the economic 
impact of this proposal to be so minimal; that a full Regulatory 
Evaluation under paragraph 10E of the regulatory policies and 
procedures of DOT is unnecessary because the restrictions are 
anticipated to be of short duration. 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.

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 
proposal 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 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, and 160.5; 49 CFR 1.46.

    2. A temporary section 165.T02-035 is added, to read as follows:


Sec. 165.T02-035  Safety Zone: Upper Mississippi River.

    (a) Location. The Upper Mississippi River between mile 685.5 and 
688.5 is established as a safety zone.
    (b) Effective dates. This section becomes effective on June 10, 
1994 and will terminate on July 7, 1994.
    (c) Regulations. Under the general regulations of Sec. 165.23 of 
this part, entry into this zone by all downbound vessels towing cargoes 
is prohibited without helper boat assistance.

    Dated: June 10, 1994.
A.L. Peek,
Commander, U.S. Coast Guard, Captain of the Port, Acting St. Louis, 
Missouri.
[FR Doc. 94-14881 Filed 6-17-94; 8:45 am]
BILLING CODE 4910-14-M