[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Rules and Regulations]
[Pages 35702-35703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16960]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP St. Louis 95-010]
RIN 2115-AA97
Safety Zone; Upper Mississippi River, Mile 412.0 to 796.8
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 between mile 412.0 and 796.8. This regulation is
required for the prevention of groundings where shoaling has occurred.
This regulation will restrict general navigation in the required area
for the protection of life and property along the river.
EFFECTIVE DATES: This regulation is effective on June 26, 1995 and will
terminate on July 26, 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 regulation 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 exists for making
it effective in less than 30 days from the date of publication.
Following normal rulemaking procedures would have been impracticable.
Specifically, receding river levels after weeks of flood conditions and
increased river current have caused shoaling all along this reach of
the Upper Mississippi River, leaving insufficient time to publish a
proposed rulemaking. The Coast Guard deems it to be in the public's
interest to issue a rule without waiting for comment period or delayed
effective date because of immediate need to limit barge drafts.
Background and Purpose
The Upper Mississippi River from the mouth, mile 412.0, to mile
796.8, has seen a significant drop in the water level and shoaling has
occurred. This rule is required to impose vessel draft limits to
prevent groundings within the regulated area.
Regulatory Evaluation
This regulation 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 regulation 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
[[Page 35703]]
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, 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.T02-047 is added, to read as follows:
Sec. 165.T02-047 Safety Zone: Upper Mississippi River.
(a) Location. The Upper Mississippi River between mile 412.0 and
796.8 is established as a safety zone.
(b) Effective dates. This section is effective on June 26, 1995 and
will terminate on July 26, 1995, unless terminated sooner by the
Captain of the Port.
(c) Regulations. The general regulations under Sec. 165.23 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: June 26, 1995.
S.P. Cooper,
Commander, U.S. Coast Guard, Captain of the Port, St. Louis, Missouri.
[FR Doc. 95-16960 Filed 7-10-95; 8:45 am]
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