[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Rules and Regulations]
[Pages 57981-57982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28237]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP New Orleans, LA Regulation 99-027]
Safety Zone; Mile 94.0 to Mile 96.0, Lower Mississippi River,
Above Head of Passes
RIN 2115--AA97
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, extending the entire
width of the river. The safety zone will protect vessels transiting the
area from a hazardous condition associated with a fireworks display in
the vicinity of Algiers Point. Entry into this zone is prohibited to
all vessels unless authorized by the Captain of the Port. Vessels
desiring authorization to enter this safety zone must request
permission from the Coast Guard Traffic Light Operator at the Governor
Nicholls Traffic Light VHF-FM Channel 67. Authorization to enter this
safety zone will only be granted during emergency situations that
affect the safety of the vessel or the safety of the port. The safety
zone will ensure the safety of human life and property.
EFFECTIVE DATES: This temporary rule is effective on October 28, 1999,
from 9:45 p.m. until October 28, 1999, ending at 10:30 p.m.
FOR FURTHER INFORMATION CONTACT: COTP New Orleans representative,
LT(jg) Kevin Lynn at (504) 589-4221.
SUPPLEMENTARY INFORMATION: 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 less than 30 days after Federal
Register publication. Publishing an NPRM and delaying its effective
date would be contrary to public interest since immediate action is
needed to respond to the potential hazards to local marine traffic
involved.
Background and Purpose
The hazardous condition requiring this regulation is a result of a
fireworks display on the Mississippi River between mile 94.0 and mile
96.0. A safety zone is needed to protect vessels transiting the area.
Entry into this zone is prohibited to all tankships and tankbarges
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 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 hours 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.T08-041 is added to read as follows:
Sec. 165.T08-041 Safety Zone
(a) Location. The following area is a safety zone: The waters of
the Lower Mississippi River from mile 94.0 to mile 96.0, in the
vicinity of Algiers Point, extending the entire width of the river.
(b) Effective date. This section will become effective on October
28, 1999 at 9:45 p.m. It will terminate on October
[[Page 57982]]
28, 1999, at 10:30 p.m., unless sooner terminated by the Captain of the
Port. The Captain of the Port will notify the public of changes in the
status of this zone by Marine Radio Safety Broadcasts on VHF Marine
Band Radio, Channel 22 (157.1 MHZ).
(c) Regulations.
In accordance with the general regulations in Sec. 165.23, entry
into this zone by any vessel is prohibited unless authorized by the
Captain of the Port New Orleans.
Dated: October 7, 1999.
S.W. Rochon,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-28237 Filed 10-27-99; 8:45 am]
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