[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Pages 32268-32269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15224]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD02-95-014]
RIN 2115-AA97


Safety Zone; Lower Mississippi River, mile 532.0 to mile 529.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Lower Mississippi River between mile 532.0 and mile 529.0. The zone is 
needed to restrict vessel traffic in the regulated areas to provide a 
safe work area for emergency responders and salvage personnel. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port.

EFFECTIVE DATES: This regulation becomes effective at 9 a.m. on May 25, 
1995 and terminates at 8 p.m. on December 31, 1995.

FOR FURTHER INFORMATION CONTACT:
LT Byron Black, Chief of Port Operations, Captain of the Port Memphis, 
200 Jefferson Avenue, Suite 1301, Memphis, TN 38103, Phone: (901) 544-
3941.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On May 25, 1995, the Coast Guard was notified of two sunken barges 
in the vicinity of Lower Mississippi River mile 531.5. After further 
investigation by Marine Safety Office personnel, it was recommended 
that a safety zone be issued in order to prevent additional damage that 
could be caused by a tow striking a submerged barge and to aid in the 
safe location and salvage of the barges. The barges are believed to be 
located in the channel and pose a substantial threat to navigation. The 
safety zone will be limited to Lower Mississippi River mile 532.0 to 
mile 529.0.
    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, emergency response crews and salvage 
personnel require the area to be secured in order to aid in the 
location and salvage of the sunken barges. 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. [[Page 32269]] 

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:
    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 164.T-02-014 is added to read as follows:


Sec. 165.T-02-014  Safety Zone; Lower Mississippi River.

    (a) Location. The following area is a Safety Zone: Lower 
Mississippi River mile 532.0 to mile 529.0.
    (b) Effective dates. This section becomes effective at 9 a.m. on 
May 25, 1995 and terminates at 8 p.m. on December 31, 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: May 25, 1995.
A.L. Thompson, Jr.,
Commander, USCG, Captain of the Port.
[FR Doc. 95-15224 Filed 6-20-95; 8:45 am]
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