[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