[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]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-14-M