Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8943

Dated: February 8, 1995.

G.A. Penington,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Navigation, Safety and Waterways Services.

[FR Doc. 95–3833 Filed 2–15–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Memphis 95–001]

RIN 2115–AA97

Safety Zone; Lower Mississippi River,

Mile 579.0 to mile 581.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the Lower

Mississippi River mile 579.0 to mile

581.0. This regulation is needed to

restrict vessel traffic in the regulated

area to prevent a collision with vessel

salvage equipment and to provide a safe

work area for salvage personnel. The

regulation restricts navigation in the

regulated area and may have an effect

on commercial traffic.

EFFECTIVE DATES: This regulation is

effective on January 7, 1995, and will

terminate on December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

LT Byron Black, Chief, Port Operations,

Captain of the Port, Memphis,

Tennessee at (901) 544–3941.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are LT

Byron Black, Project Officer, Marine

Safety Office, Memphis, Tennessee and

LCDR A. O. Denny, Project Attorney,

Second Coast Guard District Legal

Office.

Regulatory History

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking has not

been published for this regulation and

good cause exists for making it effective

in less than 30 days from the date of

publication. Following normal

rulemaking procedures would have

been impracticable. Specifically, river

conditions are now favorable to salvage

three sunken barges located midchannel at mile 580.0 in the Lower

Mississippi River. Traffic restrictions

are required for salvage personnel to

safely conduct salvage operations

during windows of favorable conditions.

As a result, the Coast Guard deems it to

be in the public’s best interest to issue

a regulation immediately.

Background and Purpose

On November 8, 1994, the Coast

Guard was notified of three sunken

barges in the vicinity of Lower

Mississippi River mile 580. The salvage

of the sunken barges located midchannel will pose a substantial threat to

safe navigation. After an investigation

by Marine Safety Office Memphis, it

was recommended that a safety zone be

issued in order to safely salvage the

barges and to limit access to

unauthorized vessels as a safety

precaution. The safety zone will be

limited to the Lower Mississippi River

mile 579.0 to mile 581.0.

Regulatory Evaluation

This regulation is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

To avoid any unnecessary adverse

impact on businesses which use the

river for commercial purposes, Captain

of the Port, Memphis, Tennessee will

monitor river conditions and salvage

operations and will authorize

unrestricted entry into the zone as

conditions permit. Changes will be

announced by Marine Safety

Information Radio broadcast (Broadcast

Notice to Mariners) on VHF marine

band radio, channel 22 (157.1 MHZ).

Mariners may also call the Port

Operations Officer, Captain of the Port,

Memphis, Tennessee at (901) 544–3941.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq) that this temporary rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this

regulation under the principles and

criteria contained in Executive Order

12612 and has determined that it does

not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this regulation

and concluded that, under section 2.B.2

of Commandant Instruction M16475.1B,

this regulation is categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Temporary Regulation

In consideration of the foregoing,

Subpart C of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

PART 165—[AMENDED]

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 1.051(g), 604–1, 6.04–6, and 160.5; 49

CFR 1.46.

2. A temporary section 165.T02–001

is added to read as follows:

§ 165–T02–001 Safety Zone: Lower

Mississippi River.

(a) Location. The Lower Mississippi

River mile 579.0 to mile 581.0 is

established as a safety zone.

(b) Effective date. This section

becomes effective on January 7, 1995

and will terminate on December 31,

1995.

(c) Regulations. Under the general

regulations of 165.23 of this part, entry

into this zone is prohibited unless

authorized by the Captain of the Port.

Dated: January 6, 1995.

A.L. Thompson, Jr.,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 95–3832 Filed 2–15–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AK6–1–6587a; AK5–1–6437a; AK3–1–

5851a; FRL–5147–8]

Approval and Promulgation of

Implementation Plans: Alaska

AGENCY: Environmental Protection

Agency.