[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Rules and Regulations]
[Pages 55138-55139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26679]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP New Orleans, LA Reg. 99-026]
RIN 2115-AA97
Safety Zone Regulations; Mile 94.0 to Mile 96.0, Lower
Mississippi River, Above Head of Passes
AGENCY: Coast Guard, DOT.
ACTION: Temporary Rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone from
mile 94.0 to mile 96.0, Lower Mississippi River, Above Head of Passess,
extending the entire width of the river. The safety zone has been
established to protect personnel involved in pollution response and
underwater diving operations within the channel. Entry into this zone
while divers are deployed is prohibited to all vessels, with the
exception of towing vessels operating without tows, unless authorized
by the Captain of the Port. Entry into this zone while divers are not
deployed will be managed by the Coast Guard Traffic Light Operator at
Governor Nicholls Traffic Light, VHF-FM Channel-67. The Governor
Nicholls and Gretna Traffic Lights will be in operation until the
safety zone expires. Authorization to enter the safety zone while
divers are deployed will only be granted during emergency situations
which affect the safety of vessels or the safety of the port.
EFFECTIVE DATES: This temporary rule is effective on October 1, 1999,
commencing at 6 P.M. CDT until October 13, 1999, ending at 6 P.M. CDT.
FOR FURTHER INFORMATION CONTACT: COTP New Orleans representative,
LT(jg) Kevin Lynn at (504) 589-4221.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
it effective in less than 30 days after Federal Register publication.
Publishing an NPRM and delaying its effective date would be contrary to
pubic interest since immediate action is needed to respond to the
potential hazards to local marine traffic and personnel involved in
pollution response and diving operations.
Background and Purpose
The hazardous condition requiring this regulation is a result of
personnel involved in pollution response and diving operations on the
Lower Mississippi River between 94.0 and mile 96.0 Above Head of
Passes. A safety zone is needed to protect personnel involved in
pollution response and underwater diving operations in the area. Entry
into this zone is prohibited to all vessels, with the exception of
towing vessels operating without tows, unless authorized by the Captain
of the Port. This regulation is issued pursuant to 33 U.S.C. 1231 as
set out in the authority citation for all of Part 165.
Regulatory Evaluation
This temporary rule is not a significant regulatory evaluation
under Executive Order 12866 and is not significant under the
``Department of Transportation Regulatory Policies and Procedures'' (44
FR 11040; February 26, 1979). The Coast Guard expects the economic
impact of this rule to be so minimal that a full regulatory evaluation
is unnecessary. This regulation will only be in effect for a short
period of time, and the impacts on routine navigation are expected to
be minimal.
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 under the principles and
criteria contained in Executive Order 12612 and has determined that it
does not have sufficient federalism implications to
[[Page 55139]]
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1C, this proposal is categorically
excluded from further environmental documentation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). Since the impact of this regulation on
non-participating small entities is expected to be minimal, the Coast
Guard certifies under 5 U.S.C. 605(b)) that this regulation will not
have a significant economic impact on a substantial number of small
entities. This regulation will only be in effect for several days and
the impacts on small entities are expected to be minimal.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
Regulation: In consideration of the foregoing, Subpart F of Part
165 of Chapter 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. 1225 and 1231; 50 U.S.C. 191; and 33 CFR
1.05-1(g), 6.04-1, 6.04-6, and 1605; 49 CFR 1.46.
2. A new Sec. 165.T08-038 is added to read as follows:
Sec. 165T08-038 Safety Zone: Lower Mississippi River.
(a) Location. The following areas is a safety zone: Lower
Mississippi river from mile 94.0 to mile 96.0 Above head of Passes, in
the vicinity of Algiers Point extending the entire width of the river.
(b) Effective date. This section will become effective on October
1, 1999 at 6 P.M. CDT. It will be terminated on October 13, 1999, at 6
P.M. CDR. The Captain of the Port will notify the public of changes in
the status of this zone by Marine Radio Safety Broadcasts on VH Marine
Band radio, Channel 22 (157.1 MHZ).
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone by any vessel, with the
exception of towing vessels operating without tows, is prohibited
unless authorized by the Captain of the Port New Orleans.
Dated: September 22, 1999.
S. W. Rochon,
Captain, U.S. Coast Guard Captain of the Port.
[FR Doc. 99-26679 Filed 10-8-99; 8:45 am]
BILLING CODE 4910-15-M
