[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Rules and Regulations]
[Pages 29762-29763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13777]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP St. Louis 95-003]
RIN 2115-AA97


Safety Zone; Missouri River, Mile 0.0 to 366.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Missouri 
River between mile 0.0 and 366.0. This rule is required for the 
prevention of damage to levees and protection of flooded areas. This 
rule will restrict general navigation in the regulated area for the 
protection of life and property along the shore.

EFFECTIVE DATE: This rule is effective on May 16, 1995 and will remain 
in effect until June 15, 1995 unless terminated sooner by the Captain 
of the Port.

FOR FURTHER INFORMATION CONTACT:
LT Robert Siddall, Operations Officer, Captain of the Port, St. Louis, 
Missouri at (314) 539-3823.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this rule are LTJG A.B. 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 rule and good cause exits for making it 
effective in less than 30 days from the date of publication. Following 
normal rulemaking procedures would have been impracticable. 
Specifically, recent heavy rainfall on already saturated ground in 
portions of the Missouri River Basin has caused portions of the 
Missouri River Basin to approach and exceed flood stages, leaving 
insufficient time to publish a proposed rulemaking. [[Page 29763]] The 
Coast Guard deems it to be in the public's interest to issue a rule 
without waiting for comment period since high water conditions present 
an immediate hazard.

Background and Purpose

    The Missouri River from the mouth, mile 0.0, to mile 366.0, has 
seen a rapid rise in the water level and is above flood stage. This 
rule is required to protect saturated levees, therefore, all vessels 
are restricted from the regulated area.

Regulatory Evaluation

    This rule is not major under Executive Order 12291 and not 
significant under Department of Transportation Regulatory Policies and 
Procedures (44 FR 11040; February 26, 1979), it will not have a 
significant economic impact on a substantial number of small entities, 
and it contains no collection of information requirements.
    The Coast Guard expects the impact of this rule to be so minimal 
that a Regulatory Evaluation is unnecessary. The imposed restrictions 
are anticipated to be of short duration. Captain of the Port, St. 
Louis, Missouri will monitor river conditions and will authorize entry 
into the closed area as conditions permit. 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).

Federalism Assessment

    Under the principles and criteria of Executive Order 12612, this 
rule 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 rule 
and concluded that, under section 2.B.2.g.(5) of Commandant Instruction 
M16475.1B, 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 docket.

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 C 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 Sec. 165.T02-029 is added, to read as follows:

Sec. 165.T02-029  Safety Zone: Missouri River.

    (a) Location. The Missouri River between mile 0.0 and 366.0 is 
established as a safety zone.

    (b)  Effective Dates. This section is effective on May 16, 1995 and 
will terminate on June 15, 1995, unless terminated sooner by the 
Captain of the Port.

    (c) Regulations. The general regulations under Sec. 165.23 of this 
part which prohibit vessel entry within the described zone without 
authority of the Captain of the Port apply. The Captain of the Port, 
St. Louis, Missouri will authorize entry into and operations within the 
described zone under certain conditions and limitations as announced by 
Marine Safety Information Radio Broadcast on VHF Marine Band Radio, 
Channel 22 (157.1 MHZ).


    Dated: May 16, 1995.

S.P. Cooper,

Commander, U.S. Coast Guard, Captain of the Port, St. Louis, Missouri.

[FR Doc. 95-13777 Filed 6-5-95; 8:45 am]

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