[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Rules and Regulations]
[Pages 48550-48552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18759]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD08-02-015]
RIN 2115--AE84


Regulated Navigation Area; Lower Mississippi River Mile 529.8 to 
537.0, Greenville, MS

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a regulated navigation area 
for all waters of the Lower Mississippi River beginning at mile 529.8 
and ending at mile 537.0 in Greenville, Mississippi. This regulated 
navigation area is needed to protect construction personnel, equipment, 
and vessels from potential safety hazards associated with two 
construction projects in this area. Deviation from this rule is 
prohibited unless specifically authorized by the Captain of the Port 
Memphis, or his designated representative.

DATES: This rule is effective from 12 a.m. on July 11, 2002 to 12 a.m. 
on November 30, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD8-02-015] and are available for 
inspection or copying at Marine Safety Office Memphis, 200 Jefferson 
Avenue, Memphis, TN 38103-2300 between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Malcolm McLellan, 
Marine Safety Detachment Greenville, at (662) 332-0964.

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. Information was made 
available to the Coast Guard in insufficient time to publish an NPRM or 
for Publication in the Federal Register. Publishing an NPRM and 
delaying its effective date would be contrary to public interest since 
immediate action is needed to protect construction personnel, 
equipment, and vessels from potential safety hazards associated with 
vessels transiting in this area.

Request for Comments

    Although the Coast Guard has good cause in implementing this rule 
without engaging in the notice of proposed rule making process, we want 
to afford the maritime community the opportunity to participate in this 
rulemaking by submitting comments and related material regarding the 
size and boundaries of the regulated navigation area in order to 
minimize unnecessary burdens. If you do so, please include your name 
and address, identify the docket number for this rulemaking, CCGD8-02-
015, indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped self addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this temporary final rule in view of 
them.

Background and Purpose

    This regulated navigation area (RNA) is being established as a 
result of two simultaneous construction projects. This regulated 
navigation area is needed to protect construction personnel, equipment, 
and vessels from potential safety hazards associated with two 
construction projects in this area.
    The Army Corps of Engineers has requested a closure of the Lower 
Mississippi River from mile 530.0 to 537.0, to protect construction 
personnel, equipment, and vessels from potential safety hazards 
associated with vessels transiting in the vicinity of three, bendway 
weir construction sites on the right descending bank, in the vicinity 
of Vaucluse Trenchfill at mile 533.0. Construction of the bendway weirs 
is needed to maintain the integrity of the right descending bank.
    Since 1972, the Greenville Bridge (Highway 82), mile 531.3 on the 
Lower Mississippi River, Greenville,

[[Page 48551]]

Mississippi, has been struck more times than any other bridge on the 
Mississippi River. As a result, a new bridge, the US 82 Benjamin G. 
Humphreys, is currently being constructed further from the river bend 
at mile 530.8 on the Lower Mississippi River.
    Since bridge construction began, broadcasts to mariners have been 
made requesting mariners to navigate in the channel to avoid hazarding 
bridge construction activities, and to maintain contact with the on-
scene work vessel when passing the bridge construction site. These 
broadcasts have not been effective.
    As a result of both projects, the Eighth Coast Guard District 
Commander is establishing a regulated navigation area for all waters of 
the Lower Mississippi River from mile 529.8 to 537.0, extending the 
entire width of the river. All vessels other than construction vessels 
are prohibited from transiting through this area from 6 a.m. to 6 p.m. 
unless authorized by the Captain of the Port Memphis or his designated 
representative. Construction vessels are defined as those vessels 
contracted by the Army Corp of Engineers to perform bendway weir 
construction work and other vessels engaged in construction of the new 
Greenville Highway Bridge. The Captain of the Port Memphis may 
authorize vessels to transit the regulated navigation area between 6 
a.m. and 6 p.m. when construction activities pause or are delayed. 
Vessels authorized to transit during these times must proceed at 
minimum safe speed when passing the bridge construction site. Mariners 
will be notified via marine broadcasts on channel 16.
    From 6 p.m. to 6 a.m. and at any other time vessels are allowed to 
transit through the area the following restrictions apply. Vessels may 
not meet or overtake other vessels within the regulated navigation 
area. When downbound vessels reach mile 539.0, they shall make a 
broadcast in the blind on VHF-FM channel 13 announcing their estimated 
time of arrival at mile 537.0. When upbound vessels reach mile 528.3 
they shall make a broadcast in the blind on VHF-FM channel 13 
announcing their estimated time of arrival at mile 529.8. If a 
downbound vessel is already in the RNA the upbound vessel shall adjust 
its speed to avoid a meeting situation within the RNA. All vessels 
shall contact the Army Corps of Engineers on-scene vessel and 
continually monitor VHF-FM channel 13 while in and approaching the 
Regulated Navigation Area.
    No vessel may transit between the caissons and the bank at mile 
530.8.
    Deviation from this rule is prohibited unless specifically 
authorized by the Captain of the Port Memphis, or his designated 
representative. They may be contacted via VHF Channel 13 or 16, or via 
telephone at (901) 544-3941.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 under paragraph 10(e) of the 
regulatory policies procedures of DOT is unnecessary. The impacts on 
routine navigation are expected to be minimal. This is not a 24-hour a 
day closure of the waterway. Vessel traffic is allowed to transit the 
regulated navigation area 12 hours a day and when the Captain of the 
Port Memphis authorizes vessels to navigate through the area between 
the hours of 6 a.m. to 6 p.m.
    Representatives from both projects have met with local industry 
including the Lower Mississippi River Committee (LOMRC), to discuss 
ways to minimize the economic impact. LOMRC is an industry body, 
composed primarily of companies that transport commodities between 
Cairo, IL and New Orleans, LA. It represents carriers, facilities, and 
other maritime interests for the entire Lower Mississippi River. Local 
industry has agreed to implement voluntary measures to quickly clear 
waiting traffic and minimize delays during periods when the area is 
open for transit. The Army Corps of Engineers is providing a vessel to 
assist waiting vessels through the area as quickly as possible.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 for the reasons enumerated under the Regulatory Evaluation 
above.
    If you are a small business entity and are significantly affected 
by this regulation please contact LT Malcolm McLellan, Marine Safety 
Office Memphis, at (662) 332-0964.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so 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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, so 
we discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive

[[Page 48552]]

Order 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation because this rule is not expected to result 
in any significant adverse environmental impact as described in the 
National Environmental Policy Act of 1969 (NEPA). A ``Categorical 
Exclusion Determination'' is available for inspection or copying where 
indicated under ADDRESSES.

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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.T08-064 is added to read as follows:


Sec. 165.T08-064  Regulated Navigation Area; Lower Mississippi River 
Mile 529.8 to 537.0, Greenville, Mississippi.

    (a) Definitions. Construction vessels are defined as those vessels 
contracted for by the Army Corps of Engineers to perform bendway weir 
construction work and other vessels engaged in construction of the new 
Greenville Highway Bridge.
    (b) Location. The following area is a regulated navigation area: 
the waters of the Lower Mississippi River from mile 529.8 to mile 
537.0, extending the entire width of the river.
    (c) Effective date. This section is effective from 12 a.m. on July 
11, 2002 to 12 a.m. on November 30, 2002.
    (d) Regulations. (1) All vessels other than construction vessels 
are prohibited from transiting through this area from 6 a.m. to 6 p.m., 
daily, unless authorized by the Captain of the Port Memphis or his 
designated representative. Vessels authorized to transit during these 
times must proceed at minimum safe speed when passing the bridge 
construction site.
    (2) From 6 p.m. to 6 a.m. and at any other time the Captain of the 
Port Memphis authorizes vessels to transit through the area the 
following restrictions apply.
    (i) Vessels may not meet or overtake other vessels within the 
regulated navigation area.
    (ii) When downbound vessels reach mile 539.0, they shall make a 
broadcast in the blind on VHF-FM channel 13 announcing their estimated 
time of arrival at mile 537.0. When upbound vessels reach mile 528.3 
they shall make a broadcast in the blind on VHF-FM channel 13 
announcing their estimated time of arrival at mile 529.8. If a 
downbound vessel is already in the regulated navigation area the 
upbound vessel shall adjust its speed to avoid a meeting situation 
within the regulated area.
    (iii) All vessels shall contact the Army Corps of Engineers on-
scene vessel prior to entering the regulated navigation area. They 
shall continually monitor VHF-FM channel 13 while in and approaching 
the Regulated Navigation Area.
    (iv) No vessel may transit between the caissons and the bank at 
mile 530.8.
    (3) Deviation from this rule is prohibited unless specifically 
authorized by the Captain of the Port Memphis, or his designated 
representative. They may be contacted via VHF-FM channel 13 or 16, or 
via telephone at (901) 544-3941.

    Dated: July 11, 2002.
R.J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-18759 Filed 7-24-02; 8:45 am]
BILLING CODE 4910-15-P