[Federal Register Volume 60, Number 155 (Friday, August 11, 1995)]
[Rules and Regulations]
[Page 41017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19825]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD02-95-016]
RIN 2115-AA97
Safety Zone; Lower Mississippi River, Mile 593.0 to Mile 597.0
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Lower Mississippi River between mile 593.0 and mile 597.0. The zone is
needed to protect vessel traffic from a collision hazard during weir
dike construction operations. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port.
EFFECTIVE DATES: This regulation is effective from 7 a.m. on August 10,
1995, and terminates at 11:55 p.m. on September 30, 1995.
FOR FURTHER INFORMATION CONTACT:
LTJG Roberts, Assistant Chief Operations Officer, Captain of the Port,
200 Jefferson Avenue, Suite 1301, Memphis, TN 38103, Phone: (901) 544-
3941.
SUPPLEMENTARY INFORMATION:
Background and Purpose
At approximately 7 a.m. on August 10, 1995, the U.S. Army Corps of
Engineers will commence weir dike construction operations at Lower
Mississippi River mile 595.2 on the left descending bank. The
construction is expected to be completed within 50 days from the
commencement date. The navigable channel will be blocked during the
operations. A safety zone has been established on the Lower Mississippi
River from mile 593.0 to mile 597.0 in order to facilitate safe vessel
passage. All vessels shall establish passing arrangements with the
contact pilot aboard the M/V KATE, via VHF Marine Band Radio, Channel
13, prior to entering the safety zone and shall abide by the conditions
of the arrangement. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port.
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.
Publication of a notice of proposed rulemaking and delay of effective
date would be contrary to the public interest because immediate action
is necessary. Specifically, immediate action is necessary to facilitate
construction operations during the present low water level of the
river. Harm to the public or environment may result if vessel traffic
is not controlled during construction operations. As a result, the
Coast Guard deems it to be in the public's best interest to issue a
regulation immediately.
Regulatory Evaluation
This rule 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 not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Collection of Information
This rule contains no information collection 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
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2. of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 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 new temporary section 165.T02-200 is added to read as follows:
Sec. 165.T02-200 Safety Zone; Lower Mississippi River.
(a) Location. The following area is a Safety Zone: Lower
Mississippi River mile 593.0 to mile 597.0.
(b) Effective dates. This section is effective from 7 a.m. on
August 10, 1995, and terminates at 11:55 p.m. on September 30, 1995.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited except as
authorized by the Captain of the Port. The captain of the Port,
Memphis, Tennessee, will notify the maritime community of conditions
affecting the area covered by this safety zone by Marine Safety
Information Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1
MHz).
Dated: July 28, 1995.
A.L. Thompson, Jr.,
Commander, USCG, Captain of the Port.
[FR Doc. 95-19825 Filed 8-10-95; 8:45 am]
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