[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Rules and Regulations]
[Pages 53070-53072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17717]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Lower Mississippi River-05-008]
RIN 1625-AA00


Safety Zone; Lower Mississippi River (LMR), Greenville, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Lower Mississippi River. This safety zone is 
needed to protect persons and vessels from the potential safety hazards 
associated with the New Greenville Bridge construction. Entry into this 
zone is prohibited to all vessels and mariners unless specifically 
authorized by the Captain of the Port (COTP) Lower Mississippi River or 
a designated representative.

DATES: This rule is effective from July 18, 2005, until November 14, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Lower Mississippi River-05-008] and 
are available for inspection or copying at Sector Lower Mississippi 
River, 2 Auction Avenue, Memphis, Tennessee, 38105 between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Ray Bartlett, 
Sector Lower Mississippi River Waterways Management Branch, at (901) 
544-3912 extension 2227.

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. Publishing an NPRM and 
delaying its effective date would be contrary to public interest 
because immediate action is needed to protect vessels and mariners from 
the safety hazards associated with the New Greenville Bridge 
construction. The Coast Guard first learned on July 6, 2005 that there 
would be construction and a need for a safety zone.

Background and Purpose

    On July 06, 2005, U.S. Coast Guard Sector Lower Mississippi River 
was notified by the contractor (Massman/Traylor, a Joint Venture) that 
the New Greenville Bridge (mile 529.8) would be having deck plates 
installed from a crane on a barge. COTP Lower Mississippi River 
consulted the Lower Mississippi River Commission (LOMRC) to analyze 
impacts to commercial traffic in the vicinity of the New Greenville 
Bridge and determine that this safety zone is needed to protect the 
construction crews, vessels, and mariners from the additional 
construction hazards associated with the installation of the deck 
plates using a crane located on a barge in the river under the bridge.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for all 
waters of the Lower Mississippi River (LMR) from mile marker 529.8 to 
mile marker 532.3 extending the entire width of the river. This safety 
zone is needed to protect persons and vessels from the potential safety 
hazards associated with the crane lifting deck plates into position 
during the bridge construction. Entry into this zone is prohibited to 
all vessels and mariners unless specifically authorized by the COTP 
Lower Mississippi River or a designated representative. Specific dates 
and times for river closures will be announced via Safety Marine 
Information Broadcast (SMIB) and are expected to last for a period of 
eight hours from 8:30 a.m. to 5:30 p.m.
    The COTP Lower Mississippi River may be contacted by telephone at 
(901) 544-3912 extension 2124. The COTP Lower Mississippi River or a 
designated representative will inform the public through Broadcast 
Notice to Mariners of changes in the effective period for the safety 
zone. This rule is effective from July 18, 2005 until November 14, 
2005.

[[Page 53071]]

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 a short period of time and 
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 entities, some of which 
may be small entities: the owners or operators of vessels that would be 
required to operate between mile marker 529.8 and mile marker 532.3, 
from July 18, 2005 to November 14, 2005. 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 a short period of time.
    If you are a small business entity and are significantly affected 
by this regulation please contact Chief Warrant Office Ray Bartlett, 
Sector Lower Mississippi River Waterways Management Branch, at (901) 
544-3912 extension 2227.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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). The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

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

Indian Tribal Governments

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this final rule under Commandant Instruction 
M16475.1D, 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

[[Page 53072]]

2.B.2 of the Instruction. Therefore, this rule is categorically 
excluded, under figure 2-1, paragraph (32)(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.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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.T08-153 is added to read as follows:


Sec.  165.T08-153  Safety Zone; Lower Mississippi River, Mile Marker 
529.8 to Mile Marker 532.3, Greenville, MS.

    (a) Location. The following area is a safety zone: all waters of 
the Lower Mississippi River (LMR), beginning at mile marker 529.8 and 
ending at mile marker 532.3, extending the entire width of the river.
    (b) Effective dates. This section is effective from 8 p.m. on July 
18, 2005 until 10 p.m. on November 14, 2005.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this zone by vessels or mariners is prohibited 
unless authorized by the COTP Lwer Mississippi River or a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through must 
request permission from the COTP Lower Mississippi River or a 
designated representative. They may be contacted on VHF-FM Channel 16, 
or by telephone at (901) 544-3912, extension 2124.
    (3) All persons and vessels shall comply with the instructions of 
the COTP Lower Mississippi River and designated personnel. Designated 
personnel include commissioned, warrant, and petty officers of the U.S. 
Coast Guard.

    Dated: July 18, 2005.
P.J. Maguire,
Commander, U.S. Coast Guard, Captain of the Port Lower Mississippi 
River.
[FR Doc. 05-17717 Filed 9-6-05; 8:45 am]
BILLING CODE 4910-15-P