[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Rules and Regulations]
[Page 13100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7305]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD02-96-078]
RIN 2115-AA97


Safety Zone; Lower Mississippi River, Mile 631.0 to Mile 635.0

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 631.0 and mile 635.0. This 
regulation is needed to restrict vessel traffic in the regulated area 
to prevent a collision with a sunken barge, surveying and salvage 
equipment and to provide a safe work area for survey and salvage 
personnel.

DATES: This regulation is effective from 11 p.m. on March 12, 1996, and 
terminates at 8 a.m. on September 31, 1996.

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

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    At approximately 10:10 p.m. on March 12, 1996, the M/V ROBERT A 
KYLE reported that one iron barge had sunk at approximate mile 633.0 on 
the Lower Mississippi River. The sunken barge's exact location remains 
unknown and survey operations at Lower Mississippi River mile 633.0 
will commence shortly. The navigable channel will be blocked during 
survey and salvage operations. A safety zone has been established on 
the Lower Mississippi River from mile 631.0 to mile 635.0 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 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 and 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 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

    Teh 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:
    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 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.T02-078 is added to read as follows:


Sec. 165.T02-078  Safety Zone; Lower Mississippi River.

    (a) Location. The following area is a Safety Zone: Lower 
Mississippi River mile 631.0 to mile 635.0.
    (b) Effective dates. This section is effective from 11 p.m. on 
March 12, 1996, and terminates at 8 a.m. on September 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: March 12, 1996.
P.L. Mountcastle,
Lieutenant Commander, USCG, Acting Captain of the Port.
[FR Doc. 96-7305 Filed 3-25-96; 8:45 am]
BILLING CODE 4910-14-M