Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26687

Flexibility Act (5 U.S.C. 601 et seq.) that

this 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 et seq.).

Federalism

The Coast Guard has analyzed this

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Environmental

The Coast Guard has reviewed the

environmental impact of this rule and

concluded that under section 2.B.2.g(5),

(Promulgation of operating requirements

or procedures for drawbridges) of

Commandant Instruction M16475.1B,

(as revised by 59 FR 38654; July 29,

1994), this rule is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination is available for

inspection or copying where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard amends Part

117 of Title 33, Code of Federal

Regulations, as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.395 is revised to read

as follows:

§ 117.395 Illinois Waterway.

(a) The draws of the McDonough

Street Bridge, mile 287.3; Jefferson

Street bridge, mile 287.9; Cass Street

bridge, mile 288.1; Jackson Street

bridge, mile 288.4; and Ruby Street

bridge, mile 288.7; all of Joliet, shall

open on signal, except that they need

not open from 7:30 a.m. to 8:30 a.m. and

from 4:15 p.m. to 5:15 p.m. Monday

through Saturday.

(b) The drawspan of the Elgin, Joliet

and Eastern Railway bridge, mile 290.1

at Lockport, Illinois, is operated by

remote operator located at the Elgin,

Joliet & Eastern offices in Gary, Indiana

as follows:

(1) The drawspan is normally

maintained in the fully open to

navigation position displaying green

center span navigation lights to indicate

that the drawspan is fully open.

(2) The bridge is equipped with the

following:

(i) A radiotelephone link direct to the

remote operator;

(ii) A radar antenna on top of the

drawspan capable of scanning the river,

one mile upstream and one mile

downstream;

(iii) Infrared boat detectors under the

drawspan, to allow the remote bridge

operator to detect vessels under the

drawspan;

(iv) Electronic motion detectors under

the drawspan to allow the remote bridge

operator to detect vessel movement

under the drawspan;

(v) A siren for sound signals; and

(vi) Red and green center span

navigation lights.

(3) The remote bridge operator shall

maintain a 24 hour VHF marine radio

watch for mariners to establish contact

as they approach the bridge to ensure

that the drawspan is open or that it

remains open until passage of river

traffic is complete.

(4) When rail traffic approaches the

bridge, and the drawspan is in the open

position, the remote bridge operator

initiates a one minute warning period

before closing the drawspan. During this

warning period, the remote operator

shall broadcast at least twice, via marine

radio, that: ‘‘The drawspan of the EJ&E

Railroad bridge will be lowered in one

minute.’’ A siren on the bridge sounds

for 20 seconds, to warn anyone on or

under the bridge that the drawspan will

be lowered.

(5) If a vessel is approaching the

bridge upbound or, departing the

Lockport Lock and Dam at mile 291.1,

downbound, with intentions of passing

through the drawspan, they shall

respond to the remote bridge operators’

marine radio broadcast, or initiate radio

contact, indicating their proximity to

the bridge and requesting an opening of

the drawspan or that the drawspan

remain open until the vessel passes. If

any approaching vessel is detected or if

a radiotelephone response is received,

the remote operator shall not close the

drawspan until the vessel or vessels

have cleared the bridge.

(6) At the end of the one minute

warning period, if no river traffic is

approaching or under the drawspan, the

remote bridge operator may begin

lowering the drawspan. Navigation

lights located at the center of the

drawspan change from green to red

when the drawspan is not in the fully

open to navigation position. The

drawspan takes approximately 90

seconds to lower.

(7) If the presence of a vessel or other

obstruction is discovered approaching

or under the drawspan, during the

lowering sequence, before the drawspan

is fully lowered and locked, the

drawspan shall be stopped and raised to

the fully open position. When the vessel

or obstruction has cleared the drawspan,

the remote operator shall confirm that

the channel is clear and reinitiate the

one minute warning cycle before

lowering the drawspan.

(8) If no marine traffic is present the

drawspan may be lowered and seated.

When the drawspan is lowered and

locked in the closed to navigation

position, the remote bridge operator

periodically broadcasts, via marine

radio, that: ‘‘The drawspan of the EJ&E

Railroad bridge is closed to navigation.’’

(9) Failure of the radar system, radio

telephone system, infrared boat

detectors or electronic motion sensors

shall prevent lowering the drawspan

from the remote location.

(10) when rail traffic has cleared the

bridge, the remote bridge operator shall

raise the drawspan to the fully open to

navigation position. When the drawspan

is raised and in the fully open to

navigation position, the remote bridge

operator broadcasts, at least twice, via

marine radio, that: ‘‘The drawspan of

the EJ&E Railroad bridge is open to

navigation.’’ The center drawspan

navigation lights change from red to

green when the drawspan is fully open

to navigation.

Dated: March 15, 1995.

Paul M. Blayney,

Rear Admiral, U.S. Coast Guard, Commander,

Second Coast Guard District, St. Louis, MO.

[FR Doc. 95–12281 Filed 5–17–95; 8:45 am]

BILLING CODE 4910–14–M

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.

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
26688 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

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 § 165.T02–028 is

added, to read as follows:

§ 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 § 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

33 CFR Part 165

[CGD01–95–055]

RIN 2115–AA97

Safety Zone: Ellis Island NECO Awards

Gala Fireworks, Upper New York Bay,

NY and NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

a fireworks program located in Federal

Anchorage 20C in Upper New York Bay,

New York. This safety zone will be in