[Federal Register Volume 65, Number 132 (Monday, July 10, 2000)]
[Rules and Regulations]
[Pages 42289-42290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17366]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Memphis, TN Regulation 00-014]
RIN 2115-AA97


United States Army Bridge Exercise Across the Arkansas River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Arkansas 
River mile 290.0 to 293.0. The zone is needed because of a bridge 
exercise being held by the United States Army. To ensure the safety of 
life and property on the navigable waters during this exercise, no 
vessels may enter or remain within this safety zone unless specifically 
authorized by the Captain of the Port, Memphis.

DATES: This rule is effective from 8:00 A.M. CST to 4:00 P.M. CST on 
July 25, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket 00-014 and are available for inspection or copying 
at U.S. Coast Guard Marine Safety Office Memphis between 7:30 A.M. and 
4:00 P.M., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: COTP Memphis representative, LTJG 
Brian Meier, at (901) 544-3941, ext. 232.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. After speaking with the 
Chairman of the Arkansas River Emergency Reaction Team, both the Coast 
Guard and local industry agreed that the exercise would cause minimal 
commercial disturbance. Under 5 U.S.C. (d)(3), the Coast Guard also 
finds good cause to make this rule effective less than 30 days after 
publication in the Federal Register.

Background and Purpose

    The United States Army Reserve Command (USARC) has identified the 
493rd Engineer Group to be the Executing Command for BRIDGEX 2000 to be 
conducted at Ft. Chaffee, AR. Two floating ribbon bridges will be 
constructed across the Arkansas River. These two bridges will be made 
up of approximately 100 pieces of floating road or raft bays, and will 
be connected together using approximately 60 boats. These two bridges 
will then be used to cross military vehicles from both shores in both 
directions. After the bridges are disassembled and the river is cleared 
of all army equipment, the river will be reopened to commercial and 
recreational traffic. The purpose of any river crossing is to project 
combat power across a water obstacle to accomplish a mission. The 493rd 
Engineer Group and its attached units will utilize this exercise to 
sharpen skills in preparation for doing this mission in times of peace 
or in times of war. 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 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. The 
Office of Management and Budget has not reviewed it 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 is unnecessary. The 
regulation will only be in effect for a short period of time, and the 
impacts on routine navigation are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This regulation will only be in effect for eight hours and 
the impacts on small entities are expected to be minimal.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

[[Page 42290]]

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (34)g, of Commandant 
Instruction M16475.lC, 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 discussed 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. 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.T08-029 is added to read as follows:


Sec. 165.T08-029  Safety Zone: Arkansas River Mile 290 to 293.

    (a) Location. The following area is a safety zone: the waters of 
the Arkansas River between miles 290.0 and 293.0. The zone is needed 
because of a bridge exercise being held by the United States Army.
    (b) Effective date. This section is effective on July 25, 2000, 
from 8 a.m. (CST) until 4 p.m. (CST) unless sooner terminated by the 
Captain of the Port.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Memphis.

    Dated: May 19, 2000.
Michael S. Gardiner,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port.
[FR Doc. 00-17366 Filed 7-7-00; 8:45 am]
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