[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Rules and Regulations]
[Pages 7909-7910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3431]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP St. Louis 95-001]
RIN 2115-AA97
Safety Zone; Mississippi River, mile 57.8 to mile 55.8
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the
Mississippi River. This regulation is needed to control vessel traffic
in the regulated area to facilitate construction of stone filled weirs
in or near the navigable channel to ensure the safety of the
construction workers. The regulation will restrict navigation in the
regulated area.
EFFECTIVE DATE: This regulation is effective on January 30, 1995 and
will terminate on March 31, 1995.
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 LTJG Andrew Cheney, Project
Officer, Marine Safety Office, St. Louis, Missouri and LT S. M. 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, 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 rulemaking. 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 Army Corps 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
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 regulation 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
regulation and concluded that, under section 2.B.2. of Commandant
Instruction M16475.1B, this regulation is categorically excluded from
further environmental documentation.
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. A temporary section 165.T02-027 is added, to read as follows:
Sec. 165.T02-027 Safety Zone: Mississippi River.
(a) Location. The Mississippi River between mile 57.8 and 55.8 is
established as a safety zone. [[Page 7910]]
(b) Effective Dates. This section becomes effective on January 30,
1995 and will terminate on March 31, 1995.
(c) Regualtions. The general regulations under Sec. 165.23 which
prohibit entry into the described zone without the authority of the
Captain of the Port, St. Louis, apply.
Dated: January 25, 1995.
S.P. Cooper,
Captain, U.S. Coast Guard, Captain of the Port, St. Louis, Missouri.
[FR Doc. 95-3431 Filed 2-9-95; 8:45 am]
BILLING CODE 4910-14-M