[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Page 42790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20364]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD02-95-054]
RIN 2115-AA97


Safety Zone; Lower Mississippi River, Mile 857.0 to Mile 859.0.

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 857.0 and mile 859.0. The zone is 
needed to protect vessel traffic from a collision hazard during mat 
laying operations. 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 8 a.m. on August 6, 1995, 
and terminates at 4 p.m. on August 20, 1995.

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 8 a.m. on August 6, 1995, the U.S. Army Corps of 
Engineers will commence mat laying operations at Lower Mississippi 
River mile 858.0 on the left descending bank. The operation is expected 
to be completed within 15 days from the commencement date. The 
navigable channel will be restricted to one way traffic during the 
operation. A safety zone has been established on the Lower Mississippi 
River from mile 857.0 to mile 859.0 in order to facilitate safe vessel 
passage. All vessels shall establish passing arrangements with the 
contact pilot aboard the M/V Harrison, via VHF Marine Band Radio, 
Channel 13, prior to entering the safety zone and shall abide by the 
conditions of the arrangement. 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 
mat laying operations during the present low water level of the river. 
Harm to the public or environment may result if vessel traffic is not 
controlled during the operation. 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; 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.T02-201 is added to read as follows:


Sec. 165.T02-201  Safety Zone; Lower Mississippi River.

    (a) Location. The following area is a Safety Zone: Lower 
Mississippi River mile 857.0 to mile 859.0.
    (b) Effective dates. This section becomes effective at 8 a.m. on 
August 6, 1995, and terminates at 4 p.m. on August 20, 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. 95-20364 Filed 8-16-95; 8:45 am]
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