[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Proposed Rules]
[Pages 58006-58009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23404]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD08-02-016]
RIN 2115--AE84


Regulated Navigation Area; Lower MI River Mile 529.8 to 532.3, 
Greenville, Mississippi

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a regulated navigation 
area (RNA) for all waters of the Lower Mississippi River beginning at 
mile 529.8 and ending at mile 532.3 in Greenville, Mississippi. This 
RNA is needed to protect bridge construction personnel, equipment, and 
vessels from potential safety hazards associated with construction of 
the new U.S. Highway 82 Greenville Bridge at mile 530.8. Deviation from 
this rule would be prohibited unless specifically authorized by the 
Captain of the Port Memphis, or his designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before November 12, 2002.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office Memphis, 200 Jefferson Avenue, Memphis, TN, 
38103-2300. Marine Safety Office Memphis maintains the public docket 
for this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as

[[Page 58007]]

being available in the docket, will become part of this docket and will 
be available for inspection or copying at U.S. Coast Guard Marine 
Safety Office Memphis 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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CDG08-02-
16], 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 proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to U.S. Coast Guard Marine Safety 
Office Memphis at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    Since 1972, the existing U.S. Highway 82 Greenville Bridge, mile 
531.3 on the Lower Mississippi River, Greenville, Mississippi, has been 
struck more times than any other bridge on the Mississippi River. As a 
result, a new U.S. Highway 82 Greenville Bridge is currently being 
constructed further from the river bend at mile 530.8 on the Lower 
Mississippi River. Construction on the new bridge is expected to 
continue until August of 2005.
    When construction began, broadcasts to mariners were 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 
requests were not effective.
    Because of the safety concerns associated with the bridge 
construction and a second simultaneous construction project being 
conducted by the Army Corp of Engineers in the same vicinity, the 
Eighth Coast Guard District Commander established a temporary final 
rule creating an RNA for miles 529.8 to 537.0 extending the entire 
width of the river. This rule was published in the Federal Register on 
July 25, 2002 (67 FR 48550) and will expire on November 30, 2002.
    With the completion of the Army Corp of Engineers project scheduled 
for November 30, 2002 some of the restrictions imposed by the existing 
temporary rule will no longer be required. The Coast Guard proposes to 
create a new regulated navigation area (RNA) to protect construction 
personnel, equipment, and vessels from potential safety hazards 
associated with the bridge construction for the duration of the 
project. The proposed rule would allow one-way traffic through the area 
24 hours a day. It would also reduce the size of the area from 7.2 
miles to 2.5 miles.

Discussion of Proposed Rule

    In our proposed rule, a RNA would be established for all waters of 
the Lower Mississippi River from mile 529.8 to 532.3, extending the 
entire width of the river. This RNA would apply to all vessels except 
construction vessels. Construction vessels would be defined as those 
vessels engaged in the construction of the new U.S. Highway 82 
Greenville Bridge.
    Vessels would be prohibited from meeting or overtaking other 
vessels within the RNA. When downbound vessels reached mile 534.8, they 
would have to make a broadcast in the blind on VHF-FM channel 13 
announcing their estimated time of arrival at mile 532.3. When upbound 
vessels reached mile 528.3, they would have to 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 were already in the RNA, the 
upbound vessel would have to adjust its speed to avoid a meeting 
situation in the RNA.
    Vessels would have to proceed at minimum safe speed while in the 
RNA.
    All vessels would be required to contact the on-scene work vessel 
on VHF-FM channel 13, Monday through Saturday from 7 a.m. to 6 p.m., 
prior to entering the RNA. All vessels would have to continually 
monitor VHF-FM channel 13 on their radiotelephone while in and 
approaching the RNA.
    No vessel would be allowed to transit between the caissons and the 
bank at mile 530.8.
    Deviation from this rule would be prohibited unless specifically 
authorized by the Captain of the Port Memphis, or his designated 
representative. They can be contacted via VHF Channel 13 or 16, or via 
telephone at (901) 544-3941.

Regulatory Evaluation

    This proposed 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 proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
The impacts on routine navigation are expected to be minimal.
    Representatives from the bridge construction project 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. Economic impact should be minimal because vessel 
traffic would be allowed to transit the RNA 24 hours a day. Upbound 
vessels may experience short delays while waiting for downbound vessels 
to complete their transit of the RNA but would be allowed to continue 
their transit afterwards.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This rule would affect the

[[Page 58008]]

following entities, some of which may be small entities: the owners or 
operators of vessels intending to transit the Lower Mississippi River 
from mile 529.8 to mile 532.3. This RNA would not have a significant 
economic impact on a substantial number of small entities for the 
reasons enumerated under the Regulatory Evaluation above.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LT Malcolm McLellan, Marine 
Safety Office Memphis, at (662) 332-0964.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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.

Environment

    We have considered the environmental impact of this proposed 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 proposes 
to amend 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 Sec.  165.816 is added to read as follows:


Sec.  165.816  Regulated Navigation Area; Lower Mississippi River Mile 
529.8 to 532.3, Greenville, Mississippi.

    (a) Definition. Construction vessels are defined as those vessels 
engaged in construction of the new U.S. Highway 82 Greenville Bridge.
    (b) Location. The following area is a regulated navigation area 
(RNA): the waters of the Lower Mississippi River from mile 529.8 to 
mile 532.3, extending the entire width of the river.
    (c) Regulations. (1) Vessels are prohibited from meeting or 
overtaking other vessels within the RNA.
    (i) When downbound vessels reach mile 534.8, they shall make a 
broadcast in the blind on VHF-FM channel 13 announcing their estimated 
time of arrival at mile 532.3.
    (ii) 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 so as to avoid a meeting 
situation in the RNA.
    (2) Vessels shall proceed at minimum safe speed while in the RNA.
    (3) Vessels shall contact the on-scene work vessel, Monday through 
Saturday from 7 a.m. to 6 p.m., prior to entering the RNA. All vessels 
shall continually monitor VHF-FM channel 13 on their

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radiotelephone while in and approaching the RNA.
    (4) No vessel may transit between the caissons and the bank at mile 
530.8.
    (5) 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.

    Dated: September 4, 2002.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-23404 Filed 9-12-02; 8:45 am]
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