[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Rules and Regulations]
[Page 8943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3832]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Memphis 95-001]
RIN 2115-AA97


Safety Zone; Lower Mississippi River, Mile 579.0 to mile 581.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Lower 
Mississippi River mile 579.0 to mile 581.0. This regulation is needed 
to restrict vessel traffic in the regulated area to prevent a collision 
with vessel salvage equipment and to provide a safe work area for 
salvage personnel. The regulation restricts navigation in the regulated 
area and may have an effect on commercial traffic.

EFFECTIVE DATES: This regulation is effective on January 7, 1995, and 
will terminate on December 31, 1995.

FOR FURTHER INFORMATION CONTACT:
LT Byron Black, Chief, Port Operations, Captain of the Port, Memphis, 
Tennessee at (901) 544-3941.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this regulation are LT Byron Black, Project 
Officer, Marine Safety Office, Memphis, Tennessee and LCDR A. O. Denny, 
Project Attorney, Second Coast Guard District Legal Office.

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
has not been published for this regulation and good cause exists for 
making it effective in less than 30 days from the date of publication. 
Following normal rulemaking procedures would have been impracticable. 
Specifically, river conditions are now favorable to salvage three 
sunken barges located mid-channel at mile 580.0 in the Lower 
Mississippi River. Traffic restrictions are required for salvage 
personnel to safely conduct salvage operations during windows of 
favorable conditions. As a result, the Coast Guard deems it to be in 
the public's best interest to issue a regulation immediately.

Background and Purpose

    On November 8, 1994, the Coast Guard was notified of three sunken 
barges in the vicinity of Lower Mississippi River mile 580. The salvage 
of the sunken barges located mid-channel will pose a substantial threat 
to safe navigation. After an investigation by Marine Safety Office 
Memphis, it was recommended that a safety zone be issued in order to 
safely salvage the barges and to limit access to unauthorized vessels 
as a safety precaution. The safety zone will be limited to the Lower 
Mississippi River mile 579.0 to mile 581.0.

Regulatory Evaluation

    This regulation 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 been exempted from review by the Office of 
Management and Budget under that order. It is not 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.
    To avoid any unnecessary adverse impact on businesses which use the 
river for commercial purposes, Captain of the Port, Memphis, Tennessee 
will monitor river conditions and salvage operations and will authorize 
unrestricted entry into the zone as conditions permit. Changes will be 
announced by Marine Safety Information Radio broadcast (Broadcast 
Notice to Mariners) on VHF marine band radio, channel 22 (157.1 MHZ). 
Mariners may also call the Port Operations Officer, Captain of the 
Port, Memphis, Tennessee at (901) 544-3941.

Small Entities

    The Coast Guard finds that the impact on small entities, if any, is 
not substantial. Therefore, the Coast Guard certifies under section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq) that 
this temporary rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    The Coast Guard has analyzed this regulation under the principles 
and criteria contained in Executive Order 12612 and has determined that 
it does not raise sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under section 2.B.2 of Commandant 
Instruction M16475.1B, this regulation 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.

Temporary Regulation

    In consideration of the foregoing, Subpart C of Part 165 of Title 
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. 1231; 50 U.S.C. 191; 33 CFR 1.051(g), 604-
1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary section 165.T02-001 is added to read as follows:


Sec. 165-T02-001  Safety Zone: Lower Mississippi River.

    (a) Location. The Lower Mississippi River mile 579.0 to mile 581.0 
is established as a safety zone.
    (b) Effective date. This section becomes effective on January 7, 
1995 and will terminate on December 31, 1995.
    (c) Regulations. Under the general regulations of 165.23 of this 
part, entry into this zone is prohibited unless authorized by the 
Captain of the Port.

    Dated: January 6, 1995.
A.L. Thompson, Jr.,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-3832 Filed 2-15-95; 8:45 am]
BILLING CODE 4910-14-M