[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Pages 42790-42791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20363]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD02-95-055]
RIN 2115-AA97


Safety Zone; McKellar Lake, Mile 0.0 to Mile 0.5

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
McKellar Lake between mile 0.0 and mile 0.5. The zone is needed to 
protect vessel traffic while power line are strung across the mouth of 
McKellar Lake. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port.

DATES: This regulation becomes effective at 7 a.m. on August 17, 1995, 
and terminates at 7 p.m. on August 31, 1995.


[[Page 42791]]

FOR FURTHER INFORMATION CONTACT:
ENS Bauer, Assistant Chief, Port 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 17, 1995, the Tennessee Valley 
Authority will commence power line construction operations extending 
across the mouth of McKellar Lake. The operation is expected to be 
completed within 15 days from the commencement date. The navigable 
channel will be blocked during the operation. A safety zone has been 
established on McKellar Lake from mile 0.0 to mile 0.5 in order to 
protect vessel traffic while power lines are strung across the mouth of 
McKellar Lake. The zone will be opened periodically to allow vessels to 
transit the area. 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). 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 
power line construction operations during the present low water 
conditions. Harm to the public or environment may result if vessel 
traffic is not controlled during the 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:
    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 59 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.

    2. A new temporary section 165.T02-202 is added to read as follows:


Sec. 165.T02-202  Safety Zone; McKellar Lake.

    (a) Location. The following area is a Safety Zone: McKellar Lake 
mile 0.0 to mile 0.5.
    (b) Effective dates. This section becomes effective at 7 a.m. on 
August 17, 1995, and terminates at 7 p.m. on August 31, 1995.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23, 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: August 2, 1995.
A.L. Thompson, Jr.,
Commander, USCG, Captain of the Port.
[FR Doc. 95-20363 Filed 8-16-95; 8:45 am]
BILLING CODE 4910-14-M