[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