[Federal Register Volume 69, Number 140 (Thursday, July 22, 2004)]
[Rules and Regulations]
[Pages 43746-43748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16650]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Memphis 04-001]
RIN 1625-AA00


Safety Zone; Lower Mississippi River Mile Marker 778.0 to 781.0, 
Osceola, 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 the waters of the Lower Mississippi River from mile 778.0 and to 
mile 781.0, extending the entire width of the channel. This safety zone 
is needed to protect construction personnel, equipment, and vessels 
involved in the construction of ten bendway weir sites. Entry into this 
zone is be prohibited unless specifically authorized by the Captain of 
the Port Memphis or a designated representative.

DATES: This rule is effective from 6 a.m. on August 1, 2004, until 6 
p.m. on September 30, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (COTP Memphis-04-001) and are available 
for inspection or copying at Marine Safety Office Memphis, 200 
Jefferson Avenue, Suite 1301, Memphis, Tennessee, 38103-2300 between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION: 

Request for Comments

    On April 23, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Lower Mississippi River Mile Marker 
778.0 to 781.0, Osceola, AR'' in the Federal Register (69 FR 21981). We 
received no comments on the proposed rule. No public hearing was 
requested, and none was held.

Background and Purpose

    On February 26, 2004, the Army Corps of Engineers requested a 
channel closure for the Lower Mississippi River from mile 778.0 to 
781.0, to occur daily from 6 a.m. until 6 p.m. beginning on August 1, 
2004, and ending on September 30, 2004. The effective dates for this 
rule are based upon the best

[[Page 43747]]

available information and may change. This closure is needed to protect 
construction personnel, equipment, and vessels from potential safety 
hazards associated with vessels transiting in the vicinity of ten, 
bendway weir construction sites. These ten bendway weir sites are 
located on the left descending bank, in the vicinity of Driver Bar 
between mile 778.0 and 781.0, Lower Mississippi River. Construction of 
the bendway weirs is needed to maintain the integrity of the left 
descending bank of the Mississippi River at the project site and can 
only be performed under optimal conditions. During working hours, 
construction equipment will be located in the navigable channel 
creating a hazard to navigation. A safety zone is needed to protect 
construction personnel, equipment, and vessels involved in the 
construction of ten bendway weir sites. During non-working hours, the 
construction equipment will be moved out of the channel, allowing 
vessels unrestricted passage through the safety zone.

Discussion of Rule

    The Captain of the Port Memphis is establishing a temporary safety 
zone for all the waters of the Lower Mississippi River from mile 778.0 
and to mile 781.0. Entry into this zone by vessels other than those 
contracted by the U.S. Army Corps of Engineers and operating in support 
of the bendway weir construction project, is prohibited unless 
specifically authorized by the Captain of the Port Memphis or a 
designated representative. This regulation is effective from 6 a.m. on 
August 1, 2004, until 6 p.m. on September 30, 2004. This rule will only 
be enforced from 6 a.m. until 6 p.m. on each day that it is effective. 
During non-enforcement hours all vessels will be allowed to transit 
through the safety zone without permission from the Captain of the Port 
Memphis or a designated representative. The Captain of the Port Memphis 
or a designated representative will inform the public through broadcast 
notice to mariners of the enforcement periods for the safety zone. The 
Captain of the Port Memphis may permit vessels to navigate through the 
safety zone during work hours if conditions allow for safe transit. A 
broadcast notice to mariners will be issued announcing those times when 
it is safe to transit.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This rule will only be enforced for 12 hours each day that it is 
effective. During non-enforcement hours all vessels will be allowed to 
transit through the safety zone without permission from the Captain of 
the Port Memphis or a designated representative. The Captain of the 
Port Memphis or a designated representative will inform the public 
through broadcast notice to mariners of the enforcement periods for the 
safety zone. The Captain of the Port Memphis may permit vessels to 
transit through the safety zone during work hours if conditions allow 
for safe transit. A broadcast notice to mariners will be issued 
announcing those times when it is safe to transit. 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 will 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 waters of the Lower Mississippi River, Mile Marker 778.0 to 781.0 
daily from 6 a.m. on August 1, 2004, until 6 p.m. on September 30, 
2004.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (1) 
This rule will only be enforced from 6 a.m. until 6 p.m. on each day 
that it is effective; (2) during non-enforcement hours all vessels will 
be allowed to transit through the safety zone without permission from 
the Captain of the Port Memphis or a designated representative; and (3) 
the Captain of the Port Memphis may permit vessels to transit through 
the safety zone during work hours if conditions allow for safe transit.
    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

[[Page 43748]]

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 would not create an 
environmental risk to health or risk to safety that might 
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 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.

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 the 
National Environmental Policy Act of 1969 (NEPA).
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

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. A new temporary Sec.  165.T08-033 is added to read as follows:


Sec.  165.T08-033  Safety Zone; Lower Mississippi River Mile Marker 
778.0 to 781.0, Osceola, AR.

    (a) Location. The following area is a safety zone: all waters of 
Lower Mississippi River from mile 778.0 and to mile 781.0, extending 
the entire width of the channel.
    (b) Effective date. This section is effective from 6 a.m. on August 
1, 2004 until 6 p.m. on September 30, 2004.
    (c) Periods of enforcement. This rule will be enforced from 6 a.m. 
until 6 p.m. on each day that it is effective. The Captain of the Port 
Memphis or a designated representative will inform the public through 
broadcast notice to mariners of the enforcement periods for the safety 
zone.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone by vessels other than 
those contracted by the U.S. Army Corps of Engineers and operating in 
support of the bendway weir construction project is prohibited unless 
authorized by the Captain of the Port Memphis.
    (2) During non-enforcement hours all vessels will be allowed to 
transit through the safety zone without permission from the Captain of 
the Port Memphis or a designated representative. The Captain of the 
Port Memphis or a designated representative would inform the public 
through broadcast notice to mariners of the enforcement periods for the 
safety zone.
    (3) The Captain of the Port Memphis may permit vessels to navigate 
during work hours if conditions allow for safe transit. A broadcast 
notice to mariners would be issued announcing those times when it is 
safe to transit.
    (4) Persons or vessels requiring entry into or passage through the 
zone at times other than those specified in section (d)(2) and (d)(3) 
of this rule must request permission from the Captain of the Port 
Memphis or a designated representative. The Captain of the Port Memphis 
may be contacted by telephone at (901) 544-3912, extension 2124. Coast 
Guard Group Lower Mississippi River may be contacted on VHF-FM Channel 
13 or 16.
    (5) All persons and vessels shall comply with the instructions of 
the Captain of the Port Memphis and designated representatives. 
Designated representatives include Coast Guard Group Lower Mississippi 
River.

    Dated: July 8, 2004.
D.C. Stalfort,
Commander, U.S. Coast Guard, Captain of the Port Memphis.
[FR Doc. 04-16650 Filed 7-21-04; 8:45 am]
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