[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26312]


[[Page Unknown]]

[Federal Register: October 24, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Paducah Regulation 94-001]
RIN 2115-AA97

 

Safety Zone; Upper Mississippi River, Mile 42.0 to Mile 43.7

AGENCY: Coast Guard, DOT.

ACTION: Final rule; extension of effective date.

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SUMMARY: The Coast Guard is extending the effective period of a safety 
zone on the Upper Mississippi River, needed 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. The conditions requiring this action 
will extend until December 24, 1994 so that the work may be completed.

EFFECTIVE DATES: This regulation is effective October 24, 1994. The 
expiration date of Sec. 165.T02-064 is extended from October 24, 1994 
to December 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 S. 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. The conditions requiring this action 
will extend until December 24, 1994 so that the work may be completed. 
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 Coast Guard established a safety zone around these areas by a 
rule published in the Federal Register on September 13, 1994 (59 FR 
46918). The rule is scheduled to expire on October 24, 1994, but the 
conditions requiring this action will extend until December 24, 1994 so 
that the work may be completed. 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 that four wide. 
Downbound tows transiting 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 channel 6, 213 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 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 10040; 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 Marines) on VHF Marine Band Radio, Channel 22 
(157.1 MHZ). Mariners may also call the Marine Safety Officer 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), Records 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. In section 165.T02-064 paragraph (b) is revised to read as 
follows:


Sec. 165.T02-064  Safety Zone: Upper Mississippi River mile 42.0 to 
43.7.

* * * * *
    (b) Effective dates. This section is effective from August 24, 1994 
and terminates on December 24, 1994.
* * * * *
    Dated: October 17, 1994.
Robert M. Segovis,
Commander, U.S. Coast Guard, Captain of the Port, Paducah, Kentucky.
[FR Doc. 94-26312 Filed 10-21-94; 8:45 am]
BILLING CODE 4910-14-M