[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19354-19355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9529]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD02-95-012]
RIN 2115-AA97


Safety Zone; Lower Mississippi River, Victoria Bend

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Mississippi River between mile markers 593.0 and 597.0. The zone is 
needed to protect vessel traffic from a collision hazard created by 
weir dike construction operations. Entry of vessels or persons into 
this zone is prohibited except as authorized by the Captain of the 
Port, Memphis, TN.

DATES: This regulation becomes effective at 7 a.m. on April 17, 1995 
and terminates at 1 a.m. on July 30, 1995.

FOR FURTHER INFORMATION CONTACT:
LT Byron Black, Chief of Port Operations, Coast Guard Captain of the 
Port Memphis, 200 Jefferson Avenue, Suite 1301, Memphis, TN 38103, 
Phone: (901) 544-3941.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    At approximately 7 a.m. on April 17, 1995, the U.S. Army Corps of 
Engineers will commerce weir dike construction operations at Lower 
Mississippi River mile 595.2 on the left descending bank. The 
construction is expected to be completed in approximately 90 days from 
the commencement date. The navigable channel will be blocked during the 
operations. A safety zone will be established on the Lower Mississippi 
River from mile marker 593.0 to 597.0 in order to facilitate safe 
vessel passage. All vessels shall establish passing arrangements with 
the contact pilot onboard the M/V BILL RODGERS, via VHF Marine Band 
Radio, Channel 13, prior to entering the safety zone and shall abide by 
the conditions of the arrangement. Entry of vessels or persons into 
this zone without a passing arrangement with the contact pilot is 
prohibited except as authorized by the Captain of the Port, Memphis, 
TN.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest. Immediate action is 
necessary to facilitate construction operations during the present low 
water level of the river. Harm to the public and/or environment may 
result if vessel traffic is not controlled during construction 
operations.

Regulatory Evaluation

    This rule 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 not been reviewed by the Office of Management and Budget 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2 of Commandant Instruction 
M16475.1B, this rule 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, Vessels, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:
    1. The authority citation for part 165 continues to read as 
follows:

PART 165--[AMENDED]

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.

    2. A new temporary section Sec. 165.T02-012 is added to read as 
follows:


Sec. 165.T02-012  Safety Zone; Lower Mississippi River, Victoria Bend.

    (a) Location. The following area is a Safety Zone: All waters 
within the shoreline and boundaries of Lower Mississippi River miles 
593.0 to 597.0.
    (b) Effective dates. This section becomes effective at 7 a.m. on 
April 17, 1995 and terminates at 1 a.m. on July 30, 1995.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited except as 
authorized by the Captain of the Port.
    The Captain of the Port will notify the public of changes in the 
status of this zone by Marine Safety Radio Broadcast on VHF Marine Band 
Radio, Channel 22 (157.1 MHz).

    [[Page 19355]] Dated: April 12, 1995.
A.L. Thompson, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Memphis.
[FR Doc. 95-9529 Filed 4-17-95; 8:45 am]
BILLING CODE 4910-14-M