[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Rules and Regulations]
[Pages 27888-27889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13026]




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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Paducah 95-001]
RIN 2115-AA97


Safety zone; Tennessee River, Mile 161.5 to 162.5

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Tennessee River from mile 161.5 to 162.5. The zone is needed to protect 
life and property during the salvage of a highway bridge that collapsed 
into the river. The regulation restricts navigation into the zone.

EFFECTIVE DATE: This regulation becomes effective at 9:30 a.m. on May 
19, 1995 and terminates at 8 p.m. on June 30, 1995.

FOR FURTHER INFORMATION CONTACT:

LTJG Patrick S. Reilly, Operations Officer, Captain of the Port, 
Paducah, Kentucky at (502) 442-1621.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The situation requiring this rule is the reduction of the 
navigation channel at mile 161.9 on the Tennessee River due to the 
collapsing of a highway over the river. Construction equipment will be 
onscene to remove the obstruction to navigation and the remainder of 
the bridge in the water has reduced a navigable channel to 
approximately 150 feet. The rule is intended to limit commercial tows 
to no more than three barges long by one barge wide and to require tows 
to use the assist tug provided by the bridge construction company. 
Commercial tows can transit the safety zone only during daylight hours. 
Light commercial boats and recreational vessels will be allowed to 
transit the zone twenty four hours, but must contact the Coast Guard 
representative onscene for transiting instructions. All vessels must 
contract Coast Guard representative onsence via VHF-FM channel 13 or 16 
for passing instructions.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this rule and good cause exists for making it 
effective in less than 30 days after Federal Register publication. 
Following normal rulemaking procedures would have been impracticable. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to prevent injury to human life or damage to property of 
vessels that would be transiting the area.

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 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 because of the short duration of the closure. 
[[Page 27889]] 

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.g[5] of Commandant 
Instruction M16475.1B, (as revised by 59 FR 38654; July 29, 1994) this 
rule is categorically excluded from further environmental documentation 
as an action to protect public safety. A Categorical Exclusion 
Determination has been prepared and placed in the rulemaking.
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 temporary Sec. 165.T02-017 is added to read as follows:


Sec. 165.T02-017  Safety Zone; Tennessee River mile 161.5 to 162.5.

    (a) Location. The following area is a Safety Zone: Tennessee River 
mile 161.5 to 162.5.
    (b) Effective Dates. This section becomes effective at 9:30 a.m. on 
May 19, 1995 and terminates at 8 p.m. on June 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.

    Dated: May 19, 1995.
Robert M. Segovis,
Commander, USCG, Captain of the Port.
[FR Doc. 95-13026 Filed 5-25-95; 8:45 am]
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