[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7413-7414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4536]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD02-96-076]
RIN 2115-AA97


Safety Zone; Lower Mississippi River, Mile 538.0 to Mile 542.0

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 538.0 and mile 542.0. This 
regulation is needed to restrict vessel traffic in the regulated area 
to prevent a collision with a sunken deck barge, surveying and salvage 
equipment and to provide a safe work area for survey and salvage 
personnel. The regulation restricts navigation in the regulated area 
and may have a significant affect on commercial traffic.


[[Page 7414]]

DATES: This regulation becomes effective at 4 a.m. on February 2, 1996, 
and terminates at 8 a.m. on August 31, 1996.

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

SUPPLEMENTARY INFORMATION:

Background and Purpose

    At approximately midnight on February 2, 1996, a deck barge sank at 
approximate mile 540.0 on the Lower Mississippi River. The deck barge's 
exact location remains unknown and survey operations at Lower 
Mississippi River mile 540.0 are underway. The navigable channel will 
be blocked during survey and salvage operations. A safety zone has been 
established on the Lower Mississippi River from mile 538.0 to mile 
540.0 in order to facilitate safe vessel passage. 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 
the survey for the sunken deck barge's exact location. 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 
rule 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, Vessels, 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 Sec. 165.T02-076 is added to read as follows:


Sec. 165.T02-076  Safety Zone; Lower Mississippi River.

    (a) Location. The following area is a Safety Zone: Lower 
Mississippi River mile 538.0 to mile 542.0.
    (b) Effective dates. This section is effective at 4 a.m. on 
February 3, 1996, and terminates at 8 a.m. on August 31, 1996.
    (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: February 3, 1996.
P.L. Mountcastle,
Lieutenant Commander, USCG, Acting Captain of the Port.
[FR Doc. 96-4536 Filed 2-27-96; 8:45 am]
BILLING CODE 4910-14-M