[Federal Register Volume 66, Number 144 (Thursday, July 26, 2001)]
[Rules and Regulations]
[Pages 38935-38936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18677]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Memphis 01-007]
RIN 2115-AA97


Safety Zone; Lower Mississippi River, LMR mile 531.3 to 537, 
Vaucluse Trenchfill

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the 
Mississippi River from mile 531.3 to 537.0. This zone is needed to 
allow the Army Corps of Engineers' contractors to strengthen the 
integrity of the Vaucluse Trenchfill. Navigation within this zone will 
be prohibited from 6 a.m. to 6 p.m. (CDT) unless specifically 
authorized by the Captain of the Port Memphis.

DATES: This rule is effective from 6 a.m. (CDT) on June 11, 2001, 
through 6 p.m. (CDT) on September 2, 2001.

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 COTP Memphis 01-007 and are available for inspection 
or copying at U.S. Coast Guard Marine Safety Office, 200 Jefferson 
Ave., Memphis, TN 38103-2300, between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: COTP Memphis representative, LT Brian 
Meier, at (901) 544-3941 ext. 226.

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, and, under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. This type of construction 
project requires specific river conditions that are difficult to 
predict. Publishing a NPRM and delaying its effective date would be 
contrary to public interest since immediate action is needed to ensure 
that the project can be completed under optimal conditions. 
Reinforcement of the Vaucluse Trenchfill is also immediately needed to 
maintain the integrity of the right descending bank of the Mississippi 
River at the project site.

Background and Purpose

    Due to bendway weir construction in the vicinity of the Vaucluse 
Trenchfill, LMR mile 533, the Coast Guard is establishing a safety zone 
for the Mississippi River from mile 531.3 to 537.0. Beginning on June 
11, 2001, navigation will be closed every day from 6 a.m. to 6 p.m. 
(CDT) within the aforementioned zone. No vessels may enter or remain 
within this safety zone unless specifically authorized by the Captain 
of the Port Memphis. Vessels shall contact the M/V PATRICK on channel 
13 or 16 for closure information and passing instructions. This safety 
zone will remain in effect until the construction project is completed. 
The contract construction time is approximately 83 days. This zone is 
needed to allow the Army Corps of Engineers' contractors to strengthen 
the integrity of the Vaucluse Trenchfill.

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 be in effect for a long period of time, but each day 
during night hours river traffic will be unrestricted, minimizing the 
impacts on routine navigation.

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.

[[Page 38936]]

    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. 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 offer 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects

    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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

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


Sec. 165.T08-038  Safety Zone; Lower Mississippi River, LMR mile 531.3 
to 537, Vaucluse Trenchfill.

    (a) Location. The following area is a safety zone: the waters of 
the Mississippi River from mile LMR mile 531.3 to 537.0.
    (b) Effective date. This section is effective daily from 6 a.m. to 
6 p.m. (CDT) from June 11, 2001, through September 2, 2001.
    (c) Regulations.
    (1) 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.
    (2) No vessels may enter or remain within this safety zone unless 
specifically authorized by the Captain of the Port Memphis. Vessels 
shall contact the M/V PATRICK on channel 13 or 16 for closure 
information and passing instructions. The Captain of the Port will 
notify the public of changes in the status of this zone by Marine Radio 
Safety Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz).

    Dated: June 8, 2001.
R.R. O'Brien, Jr.,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-18677 Filed 7-25-01; 8:45 am]
BILLING CODE 4910-15-P