[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Rules and Regulations]
[Pages 55138-55139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26679]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP New Orleans, LA Reg. 99-026]
RIN 2115-AA97


Safety Zone Regulations; Mile 94.0 to Mile 96.0, Lower 
Mississippi River, Above Head of Passes

AGENCY: Coast Guard, DOT.

ACTION: Temporary Rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone from 
mile 94.0 to mile 96.0, Lower Mississippi River, Above Head of Passess, 
extending the entire width of the river. The safety zone has been 
established to protect personnel involved in pollution response and 
underwater diving operations within the channel. Entry into this zone 
while divers are deployed is prohibited to all vessels, with the 
exception of towing vessels operating without tows, unless authorized 
by the Captain of the Port. Entry into this zone while divers are not 
deployed will be managed by the Coast Guard Traffic Light Operator at 
Governor Nicholls Traffic Light, VHF-FM Channel-67. The Governor 
Nicholls and Gretna Traffic Lights will be in operation until the 
safety zone expires. Authorization to enter the safety zone while 
divers are deployed will only be granted during emergency situations 
which affect the safety of vessels or the safety of the port.

EFFECTIVE DATES: This temporary rule is effective on October 1, 1999, 
commencing at 6 P.M. CDT until October 13, 1999, ending at 6 P.M. CDT.

FOR FURTHER INFORMATION CONTACT: COTP New Orleans representative, 
LT(jg) Kevin Lynn at (504) 589-4221.

SUPPLEMENTARY INFORMATION:

Regulatory History

    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. 
Publishing an NPRM and delaying its effective date would be contrary to 
pubic interest since immediate action is needed to respond to the 
potential hazards to local marine traffic and personnel involved in 
pollution response and diving operations.

Background and Purpose

    The hazardous condition requiring this regulation is a result of 
personnel involved in pollution response and diving operations on the 
Lower Mississippi River between 94.0 and mile 96.0 Above Head of 
Passes. A safety zone is needed to protect personnel involved in 
pollution response and underwater diving operations in the area. Entry 
into this zone is prohibited to all vessels, with the exception of 
towing vessels operating without tows, unless authorized by the Captain 
of the Port. This regulation is issued pursuant to 33 U.S.C. 1231 as 
set out in the authority citation for all of Part 165.

Regulatory Evaluation

    This temporary rule is not a significant regulatory evaluation 
under Executive Order 12866 and is not significant under the 
``Department of Transportation Regulatory Policies and Procedures'' (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 
is unnecessary. This regulation will only be in effect for a short 
period of time, and the impacts on routine navigation are expected to 
be minimal.

Collection of Information

    This rule contains no collection of information 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 it 
does not have sufficient federalism implications to

[[Page 55139]]

warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, this proposal is categorically 
excluded from further environmental documentation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this regulation will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). Since the impact of this regulation on 
non-participating small entities is expected to be minimal, the Coast 
Guard certifies under 5 U.S.C. 605(b)) that this regulation will not 
have a significant economic impact on a substantial number of small 
entities. This regulation will only be in effect for several days and 
the impacts on small entities are expected to be minimal.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.
    Regulation: In consideration of the foregoing, Subpart F of Part 
165 of Chapter 33, Code of Federal Regulations, is amended as follows:

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 1605; 49 CFR 1.46.

    2. A new Sec. 165.T08-038 is added to read as follows:


Sec. 165T08-038  Safety Zone: Lower Mississippi River.

    (a) Location. The following areas is a safety zone: Lower 
Mississippi river from mile 94.0 to mile 96.0 Above head of Passes, in 
the vicinity of Algiers Point extending the entire width of the river.
    (b) Effective date. This section will become effective on October 
1, 1999 at 6 P.M. CDT. It will be terminated on October 13, 1999, at 6 
P.M. CDR. The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Radio Safety Broadcasts on VH Marine 
Band radio, Channel 22 (157.1 MHZ).
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone by any vessel, with the 
exception of towing vessels operating without tows, is prohibited 
unless authorized by the Captain of the Port New Orleans.

    Dated: September 22, 1999.
S. W. Rochon,
Captain, U.S. Coast Guard Captain of the Port.
[FR Doc. 99-26679 Filed 10-8-99; 8:45 am]
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