[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47869-47870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22982]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD02-95-056 ]
RIN 2115-AA97


Safety Zone; Lower Mississippi River, Mile 727.0 to Mile 730.0

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 727.0 and mile 730.0. The zone is 
needed to rig overhead power cables. Entry of vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port.

DATES: This regulation is effective at 7 a.m. on September 13, 1995, 
and terminates at 5 p.m. on September 27, 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 7:00 a.m. on September 13, 1995, the Tennessee 
Valley Authority will commence overhead cable rigging operations across 
the channel at Lower Mississippi River mile 727.8. The operation is 
expected to be completed within fourteen days from the commencement 
date. The navigable channel will be blocked during the operations. A 
safety zone has been established on the Lower Mississippi River from 
mile 727.0 to mile 730.0 in order to facilitate safe vessel passage. 
All vessels shall establish passing arrangements with the LOMRC 
Representative, 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 
overhead cable rigging operations during a period when vessel traffic 
will be least affected. 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 

[[Page 47870]]
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 (as revised by 59 FR 38654; July 29, 1994), 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.T02-056 is added to read as follows:


 Sec. 165.T02-056  Safety Zone; Lower Mississippi River.

    (a) Location. The following area is a Safety Zone: Lower 
Mississippi River Mile 727.0 to mile 730.0
    (b) Effective dates. This section is effective at 7 a.m. on 
September 13, 1995, and terminates at 5 p.m. on September 27, 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: August 29, 1995.
A. L. Thompson, Jr.,
Commander, USCG, Captain of the Port.
[FR Doc. 95-22982 Filed 9-14-95; 8:45 am]
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