[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Rules and Regulations]
[Pages 29761-29762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13776]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Paducah 95-002]
RIN 2115-AA97


Safety Zone; Upper Mississippi River Mile 00.0 to 055.3

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Upper Mississippi River from mile 00.0 to 55.3. This regulation is 
needed to control vessel traffic in the regulated area to prevent 
further wake damage to levees and property along the river. The 
regulations will restrict general navigation in the regulated areas for 
the safety of vessel traffic and the protection of life and property 
along the river.

EFFECTIVE DATES: This regulation becomes effective at 11:30 a.m. on May 
21, 1995 and terminates at 8 p.m. on June 30, 1995.

FOR FURTHER INFORMATION CONTACT:
LTJG Patrick S. Reilly, Operations Officer, Captain of the Port, 
Paducah, Kentucky at (502) 442-1621.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The Upper Mississippi River and its tributaries have been suffering 
from high water conditions for a week. This has contributed to 
unusually wet conditions resulting in the softening of the earth levees 
which protect the adjacent lowlands. The recent rainfall over the 
Midwest region has pushed rivers above the flood stage, setting 
[[Page 29762]] records for high water. As a result, the waters of the 
Mississippi River threaten or have already overflowed its banks. The 
Army Corps of Engineers has reported that additional levees will erode, 
presenting an imminent danger to ongoing flood relief efforts and to 
life and property along the river, if the levees are subjected to wakes 
and wheel wash from passing vessels. The flood conditions also present 
a hazard to navigation in that the area's rivers are carrying a larger 
amount of trees and debris which have been washed from the river banks 
and inundated lowlands; once visible obstructions to navigation are now 
submerged; and river currents are not following normal patterns. Taken 
as a whole, these conditions present hazards which greatly hinder the 
safe navigation of recreational and commercial traffic. The Army Corps 
of Engineers anticipates that it may take several weeks for the water 
to recede to normal levels. Subsequently, the Captain of the Port 
Paducah has closed the Upper Mississippi River from mile 00.0 to 055.3.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this rule and good cause exists for making it 
effective in less than 30 days after Federal Register publication. 
Following normal rulemaking procedures would have been impracticable. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to prevent injury to human life or damage to property of 
vessels that would be transiting the area.

Regulatory Evaluation

    This rule 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 of the short duration of the closure.
    To avoid any unnecessary adverse economic impact on businesses 
which use the river for commercial purposes, Captain of the Port 
Paducah will monitor river conditions and will authorize unrestricted 
entry into the regulated 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 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 information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.g[5] of Commandant 
Instruction M16475.1B, (as revised by 59 FR 38654; July 29, 1994) this 
rule is categorically excluded from further environmental documentation 
as an action to protect public safety. A Categorical Exclusion 
Determination has been prepared and placed in the rulemaking.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:
    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.T02-017 is added to read as follows:


Sec. 165.T02-017  Safety Zone; Mississippi River mile 00.0 to 055.3.

    (a) Location. The following area is a Safety Zone: Mississippi 
River mile 0.0 to 055.3.
    (b) Effective Dates. This section becomes effective at 11:30 a.m. 
on May 21, 1995 and terminates at 8 p.m. on June 30, 1995.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited except as 
authorized by the Captain of the Port.

    Dated: May 21, 1995.
Robert M. Segovis,
Commander, USCG, Captain of the Port.
[FR Doc. 95-13776 Filed 6-5-95; 8:45 am]
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