[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Rules and Regulations]
[Pages 9547-9548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4762]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Paducah, KY 03-003]
RIN 2115-AA97


Safety Zone; Upper Mississippi River, Mile Marker 14.5 to 16.0, 
Cairo, IL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Upper Mississippi River from mile marker 14.5 to 
16.0, near Cairo, IL. Significant reductions in river levels have 
caused extreme low water conditions on the Upper Mississippi River. 
This safety zone is needed to protect vessels transiting the area from 
the safety hazards associated with the unprecedented low water 
conditions. Entry into or operation in this zone is prohibited to all 
vessels unless authorized by the Coast Guard Captain of the Port 
Paducah or his on-scene representative.

DATES: This rule is effective 4 p.m., January 30, 2003, until 8 a.m., 
March 1, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Paducah 03-003] and are available 
for inspection or copying at U.S. Coast Guard Marine Safety Office 
Paducah, 225 Tully St., Paducah, KY 42003 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Patrick 
Mounsey, Marine Safety Office Paducah, Port Operations, at (270) 442-
1621 ext. 350.

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 a 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. Publishing an NPRM and 
delaying its effective date would be contrary to public interest since 
immediate action is needed to respond to the safety hazards associated 
with unprecedented low water levels on the Upper Mississippi River.

Background and Purpose

    The hazardous condition requiring this regulation is significant 
reductions in river levels on the Upper Mississippi River. A safety 
zone is needed to protect vessels transiting the area from the safety 
hazards associated with the unprecedented low water. Entry into or 
operation in this zone is prohibited to all vessels unless authorized 
by the Coast Guard Captain of the Port Paducah or his on-scene 
representative.

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 10e of the 
regulatory policies and procedures of DOT is unnecessary. The Inland 
River Contingency Action Plan provides guidance for marine operations 
and transportation emergencies on the Upper Mississippi River. The goal 
of the plan is to serve as a guide for officials of the USCG, U.S. Army 
Corps of Engineers, and the marine industry to facilitate the safe and 
orderly movement of barge traffic during a navigational crisis. In 
accordance with the Mississippi River Contingency Action Plan, members 
of the USCG, U.S. Army Corps of Engineers, and the marine industry met. 
Representatives of towing companies that operate in this affected area 
agreed that in order to protect the vessel traffic transiting the area 
they will halt all operations until river levels have improved and safe 
vessel navigation can resume.

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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit the Upper Mississippi River, from Mile Marker 14.5 to 16.0 from 
4 p.m., January 30, 2003, until 8 a.m., March 1, 2003. This safety zone 
will not have a significant economic impact on a substantial number of 
small entities for the following reasons:
    1. This rule will be in effect on a temporary basis until 
conditions improve.

[[Page 9548]]

    2. This particular area of the Upper Mississippi River does have a 
significant number of small entity operations.
    If you are a small business entity and are significantly affected 
by this regulation please contact, LTJG Patrick Mounsey, Marine Safety 
Office Paducah representative, at (270) 442-1621 ext. 350.

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 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

    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, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 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 environmental impact as described in the National 
Environmental Policy Act of 1969 (NEPA).

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 Sec.  165.T08-013 is added to read as follows:

Sec.  165.T08-013  Safety Zone; Upper Mississippi River, Mile Marker 
14.5 to 16.0, Cairo, IL.

    (a) Location. The waters of the Upper Mississippi River from mile 
marker 14.5 to 16.0, extending the entire width of the river.
    (b) Effective period. This section is effective from 4 p.m. January 
30, 2003, until 8 a.m. March 1, 2003.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone by any vessel is 
prohibited unless authorized by the Captain of the Port Paducah or his 
on-scene representative.
    (2) All vessels requiring entry into the zone must request 
permission from Captain of the Port Paducah or his designated 
representative. They may be contacted via VHF channel 16 or by 
telephone at (270) 442-1621 ext. 350 or (270) 994-7385.
    (3) The Captain of the Port Paducah 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) and through press 
releases in local newspapers.

    Dated: January 30, 2003.
Patrick T. Keane,
Commander, U.S. Coast Guard, Captain of the Port, Paducah.
[FR Doc. 03-4762 Filed 2-27-03; 8:45 am]
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