[Federal Register Volume 60, Number 155 (Friday, August 11, 1995)]
[Rules and Regulations]
[Pages 41017-41018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19824]
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[[Page 41018]]
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD02-95-015]
RIN 2115-AA97
Safety Zone; Lower Mississippi River, mile 840.0 to mile 835.0
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 840.0 and mile 835.0. The zone is
needed to restrict vessel traffic in the regulated area 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 is effective from 11 p.m. on July 23,
1995 and terminates at 11:55 p.m. on December 31, 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
On July 23, 1995 the Coast Guard was notified that a towing vessel
with 35 barges allided with the I-155 bridge at Lower Mississippi River
mile 838.9. After further investigation by Marine Safety Office Memphis
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 840.0 to mile 835.0.
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.
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.T02-015 is added to read as follows:
Sec. 165.T02-015 Safety Zone; Lower Mississippi River.
(a) Location. The following area is a Safety Zone: Lower
Mississippi River mile 840.0 to mile 835.0.
(b) Effective dates. This section is effective from 11 p.m. on July
23, 1995 and terminates at 11:55 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: July 23, 1995.
A.L. Thompson, Jr.,
Commander, USCG, Captain of the Port.
[FR Doc. 95-19824 Filed 8-10-95; 8:45 am]
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