[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Rules and Regulations]
[Pages 26687-26688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12282]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP St. Louis 95-002]
RIN 2115-AA97


Safety Zone; Upper Mississippi River, mile 179.0 to 184.0

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 179.0 and 184.0. This regulation is 
needed to protect vessels from the hazards associated with operating in 
high water conditions. This regulation will restrict general navigation 
in the regulated area [[Page 26688]] for the safety of vessel traffic 
and the protection of life and property along the shore.

EFFECTIVE DATES: This regulation is effective on May 4, 1995 and will 
remain in effect until June 2, 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, recent heavy rainfall on already saturated ground in 
portions of the Upper Mississippi River Basin has caused tributaries 
and the southern portion of the Upper Mississippi River to approach and 
exceed flood stages, 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 since high water 
conditions present immediate hazard.

Background and Purpose

    The Upper Mississippi River in the vicinity of St. Louis Harbor has 
seen a rapid rise in the water level and is expected to be above flood 
stage by May 13, 1995. Recent torrential downpours, predominately in 
Missouri and southern Illinois, caused a very rapid rise in river 
stages. Water conditions that cause rapid and sharp rises in river 
stages also cause treacherous currents in the vicinity of bridges 
within St. Louis Harbor. These currents make the approach to the 
bridges more critical since the time to impose course corrections are 
diminished. Additionally, the high water conditions reduce both the 
vertical and horizontal clearances available to the navigating tow. 
Reducing tow lengths and increasing horsepower requirements will offset 
the effect of the increased current. The circumstances requiring this 
rule are swift currents and a rapid rise in river level on the Upper 
Mississippi River at St. Louis, MO. This rule is required for the 
safety and protection of vessels transiting the safety zone.

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 been prepared and placed in the 
rulemaking docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (Water), Records and 
recordkeeping, Security measures, Vessels, 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.T02-028 is added, to read as follows:


Sec. 165.T02-028  Safety Zone: Upper Mississippi River.

    (a) Location. The Upper Mississippi River between mile 179.0 and 
184.0 is established as a safety zone.
    (b) Effective Dates. This section is effective on May 4, 1995 and 
will terminate on June 2, 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 4, 1995.
S.P. Cooper,
Commander, U.S. Coast Guard, Captain of the Port, St. Louis, Missouri.
[FR Doc. 95-12282 Filed 5-17-95; 8:45 am]
BILLING CODE 4910-14-M