[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Rules and Regulations]
[Pages 54434-54435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26257]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP St. Louis 95-012]
RIN 2115-AA97

Safety Zone; Mississippi River, Mile 840.0 to Mile 615.0
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 840.0 and 615.0. This regulation is 
required for the prevention of groundings and preservation of the 
navigable channel. This regulation will restrict general navigation in 
the required area for the protection of life, property and environment 
along the river.

EFFECTIVE DATES: This regulation is effective on October 2, 1995 and 
will terminate on December 1, 1995, unless terminated sooner by the 
Captain of the Port.

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 LT R. E. 
McFarland, Supervisor, Marine Safety Detachment, St. Paul, Minnesota 
and LT S. M. Moody, Project Attorney, Second Coast Guard District Legal 
Office, St. Louis, Missouri.

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 and unstable channel conditions 
exist all along this reach of the Upper Mississippi River, leaving 
insufficient time 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 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 historically experiences reduced water 
levels and unstable channel conditions during the Autumn and early 
Winter months. Unfortunately, this also coincides with the harvest 
season and a period of peak commercial shipping activity upon the 
river. Channel conditions from Saint Paul, MN., mile 840.0, to mile 
615.0 are unstable. This rule is required to impose vessel draft limits 
to prevent groundings, maintain optimal channel conditions and preserve 
the environment 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 full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. Changes will 
be announced by Marine Safety Information Radio Broadcast on VHF Marine 
Band Radio, Channel 22 (157.1 MHz). Mariners may also call Marine 
Safety Detachment, St. Paul, Minnesota, at (612) 290-3991 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. 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, Vessels, 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; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.

    2. A temporary section 165.T02-049 is added, to read as follows:


Sec. 165.T02-049  Safety Zone: Upper Mississippi River.

    (a) Location. The Upper Mississippi River between mile 840.0 and 
615.0 is established as a safety zone.

    (b) Effective Dates. This section is effective on October 2, 1995 
and will terminate on December 1, 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 

[[Page 54435]]
Information Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 
MHz).

    Dated: October 2, 1995.
J.M. Holmes,
Commander, USCG, Captain of the Port, St. Louis, Missouri.
[FR Doc. 95-26257 Filed 10-23-95; 8:45 am]
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