[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-31789] [[Page Unknown]] [Federal Register: December 23, 1994] _______________________________________________________________________ Part IV Department of Transportation _______________________________________________________________________ Coast Guard _______________________________________________________________________ 33 CFR Part 165 Safety Zone; Upper Mississippi River; Final Rule DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 165 [COTP Paducah 94-001] RIN 2115-AA97 Safety Zone; Upper Mississippi River, Mile 42.0 to Mile 43.7 AGENCY: Coast Guard, DOT. ACTION: Final rule: extension of effective date. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has established a safety zone on the Upper Mississippi River. This regulation is needed to restrict vessel traffic in the regulated area to prevent an allision with the salvage equipment located mid-channel at mile 43.0, Upper Mississippi River. The regulation restricts general navigation in the regulated area for the safety of vessel traffic and the protection of life and property along the river. The conditions requiring this action will extend until January 24, 1995 so that the work may be completed. EFFECTIVE DATE: This regulation is effective on December 23, 1994. FOR FURTHER INFORMATION CONTACT: LCDR Eric J. Mosher, Operations Officer, Captain of the Port, Paducah, Kentucky at (502) 442-1621 SUPPLEMENTARY INFORMATION: Drafting Information The drafters of this regulation are LCDR Eric J. Mosher, Project Officer, Marine Safety Office, Paducah, Kentucky and LT S. 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 regulation 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 decreases in the river levels of the Upper Mississippi River have necessitated the removal and salvage of two sunken barges at miles 43.0 and 42.7 that have been determined to be a hazard to navigation in that area. As a result, the Coast Guard deems it to be in the public's best interest to issue a regulation immediately. Background and Purpose The situation requiring this regulation is the reduction of the channel width to 200 feet from below the Thebes Railroad Bridge at mile 43.7 to mile 42.0 due to the presence of salvage equipment. The salvage equipment is on scene to refloat two sunken barges at miles 43.0 and 42.7 that have been determined to be a hazard to navigation in that area. The regulation is intended to restrict all vessels to the following provisions. Meeting, overtaking or passing in the safety zone is prohibited. Upbound tows transiting the safety zone are limited in size to twenty barges and not more than four wide. Downbound tows transiting the safety zone are limited in size to fifteen barges and not more than three wide. During daylight hours, all vessels approaching the safety zone must contact the Coast Guard representative on board the M/V CAPTAIN VAL on VHF-FM channels 6, 213 or 16 for passing instructions. Upbound vessels must call in when approaching mile 39.0 and downbound vessels must call in when approaching mile 58.0. During hours of darkness, all vessels must use all reasonable means to identify vessels transiting or approaching the safety zone and make safe passing arrangements. All vessels must transit the safety zone at their slowest safe speed and should expect delays. All vessels are urged to give the widest possible berth to salvage equipment and operations. All vessels transiting the area are urged to exercise extreme caution. Regulatory Evaluation This regulation is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. It has been exempted from review by the Office of Management and Budget under that order. It is not under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). Because the duration of this emergency situation is anticipated to be short, the Coast Guard expects the economic 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. To avoid any unnecessary adverse economic impact on businesses which use the river for commercial purposes, Captain of the Port, Paducah, Kentucky will monitor river conditions and will authorize unrestricted entry into the restricted area as conditions permit. Changes will be announced by Marine Safety Information Radio Broadcast (Broadcast Notice to Mariners) on VHF Marine Band Radio, Channel 22 (157.1 MHZ). Mariners may also call the Marine Safety Office Paducah, Kentucky 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 et seq). Federalism Assessment The Coast Guard has analyzed this regulation under the principles and criteria contained in Executive Order 12612 and has determined that it 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 regulation and concluded that, under section 2.B.2 of Commandant Instruction M16475.1B, this regulation is categorically excluded from further environmental documentation as an action required to protect public safety. 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. In section 165.T02-064 paragraph (b) is revised to read as follows: Sec. 165.T02-064 Safety Zone: Upper Mississippi River Mile 42.0 to 43.7. * * * * * (b) Effective Dates. This section is effective from August 24, 1994 and terminates on January 24, 1995. * * * * * Dated: December 19, 1994. Robert M. Segovis, Commander, U.S. Coast Guard, Captain of the Port, Paducah, Kentucky. [FR Doc. 94-31789 Filed 12-22-94; 8:45 am] BILLING CODE 4910-14-M