[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Rules and Regulations]
[Pages 25319-25321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10353]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Memphis-04-002]
RIN 1625-AA00


Safety Zone; McCellan-Kerr Arkansas River, Mile 307 to 309.5, 
Fort Smith, AR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the McCellan-Kerr Arkansas River from mile 307 to mile 
309.5 in Fort Smith, AR. This safety zone is needed to protect persons 
and vessels from the potential safety hazards associated with a 
fireworks display. Entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Memphis or a 
designated representative.

DATES: This rule is effective from 9 p.m. until 10:15 p.m. on July 4, 
2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Memphis-04-002] and are available 
for inspection or copying at Marine Safety Office Memphis, 200 
Jefferson Avenue, Suite 1301, Memphis, TN 38103 between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer (CPO) James Dixon 
at Marine Safety Office Memphis, (901) 544-3941, extension 2116.

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 in the Federal Register. 
Publishing a NPRM and delaying its effective date would be contrary to 
public interest because immediate action is needed to protect vessels 
and mariners from the hazards associated with a fireworks display.

Background and Purpose

    The Mayor's 4th of July celebration fireworks display will be 
launched from a barge between mile 307 and 309.5 on the McCellan-Kerr 
Arkansas River. A hazardous situation could exist for vessels, mariners 
and spectators in the vicinity of the fireworks display. A safety zone 
is needed to protect those vessels, mariners and spectators from the 
hazards associated with this fireworks display.

Discussion of Rule

    The Captain of the Port Memphis is establishing a safety zone for 
all waters of the McCellan-Kerr Arkansas River from mile 307 to mile 
309.5 for the Mayor's 4th of July celebration fireworks display in Fort 
Smith, AR. Entry into this zone by persons or vessels is prohibited 
unless specifically authorized by the Captain of the Port Memphis or a 
designated representative. They may be contacted on VHF-FM Channel 13 
or 16, or by telephone at (901) 544-3912, extension 2124. This rule is 
effective from 9 p.m. until 10:15 p.m. on July 4, 2004.

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 Homeland 
Security (DHS).
    This rule will only be in effect for approximately one hour and 
fifteen minutes. Notifications to the marine community will be made 
through broadcast notice to mariners. The impacts on routine navigation 
are expected to be minimal.

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

[[Page 25320]]

entities, some of which may be small entities: the owners or operators 
of vessels intending to transit the McCellan-Kerr Arkansas River from 
mile 307 to 309.5 between 9 p.m. on July 4, 2004 until 10:15 p.m. on 
July 4, 2004. This safety zone will not have a significant economic 
impact on a substantial number of small entities because this rule will 
only be in effect for approximately one hour and fifteen minutes.
    If you are a small business entity and are significantly affected 
by this regulation please contact CPO James Dixon, Marine Safety Office 
Memphis, TN at (901) 544-3941, extension 2116.

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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because this rule is not expected to result 
in any significant adverse environmental impact as described in NEPA.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T08-025 to read as follows:


Sec.  165.T08-025  Safety Zone; McCellan-Kerr Arkansas River Mile 307.0 
to Mile 309.5, Fort Smith, AR.

    (a) Location. The following area is a safety zone: all waters of 
the McCellan-Kerr Arkansas River from mile 307 to mile 309.5, extending 
the entire width of the waterway.
    (b) Effective date. This rule is effective from 9 p.m. until 10:15 
p.m. on July 4, 2004.
    (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) Persons or vessels requiring entry into or passage through must 
request permission from the Captain of the Port Memphis or a designated 
representative. They may be contacted on VHF-FM Channel 13 or 16, or by 
telephone at (901) 544-3912, extension 2124.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Memphis and designated on-scene U.S. Coast 
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard.


[[Page 25321]]


    Dated: April 27, 2004.
David C. Stalfort,
Commander, U.S. Coast Guard, Captain of the Port Memphis.
[FR Doc. 04-10353 Filed 5-5-04; 8:45 am]
BILLING CODE 4910-15-P