[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Rules and Regulations]
[Pages 52433-52434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25447]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP New Orleans, LA Regulation 99-022]
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 final 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 Passes,
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 final rule is effective from 6:00 p.m.
(CDT)
[[Page 52434]]
September 17, 1999, to 6:00 p.m. (CDT) October 1, 1999.
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
public 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 final 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 temporary final 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 the
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.T08-034 is added to read as follows:
Sec. 165.T08-034 Safety Zone.
(a) Location. The following area 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 September
17, 1999 at 6:00 p.m. (CDT). It will be terminated on October 1, 1999,
at 6:00 p.m. (CDT), 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. (1) 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 16, 1999.
S.W. Rochon,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-25447 Filed 9-27-99; 1:45 pm]
BILLING CODE 4910-15-M
