[Federal Register: February 28, 2003 (Volume 68, Number 40)]
[Rules and Regulations]
[Page 9547-9548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe03-23]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Paducah, KY 03-003]
RIN 2115-AA97
Safety Zone; Upper Mississippi River, Mile Marker 14.5 to 16.0,
Cairo, IL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Upper Mississippi River from mile marker 14.5 to
16.0, near Cairo, IL. Significant reductions in river levels have
caused extreme low water conditions on the Upper Mississippi River.
This safety zone is needed to protect vessels transiting the area from
the safety hazards associated with the unprecedented low water
conditions. Entry into or operation in this zone is prohibited to all
vessels unless authorized by the Coast Guard Captain of the Port
Paducah or his on-scene representative.
DATES: This rule is effective 4 p.m., January 30, 2003, until 8 a.m.,
March 1, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [COTP Paducah 03-003] and are available
for inspection or copying at U.S. Coast Guard Marine Safety Office
Paducah, 225 Tully St., Paducah, KY 42003 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Patrick
Mounsey, Marine Safety Office Paducah, Port Operations, at (270) 442-
1621 ext. 350.
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, 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 since
immediate action is needed to respond to the safety hazards associated
with unprecedented low water levels on the Upper Mississippi River.
Background and Purpose
The hazardous condition requiring this regulation is significant
reductions in river levels on the Upper Mississippi River. A safety
zone is needed to protect vessels transiting the area from the safety
hazards associated with the unprecedented low water. Entry into or
operation in this zone is prohibited to all vessels unless authorized
by the Coast Guard Captain of the Port Paducah or his on-scene
representative.
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 Transportation
(DOT) (44 FR 11040, February 26, 1979).
The Coast Guard expects the economic impact of this rule to be so
minimal that a full regulatory evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. The Inland
River Contingency Action Plan provides guidance for marine operations
and transportation emergencies on the Upper Mississippi River. The goal
of the plan is to serve as a guide for officials of the USCG, U.S. Army
Corps of Engineers, and the marine industry to facilitate the safe and
orderly movement of barge traffic during a navigational crisis. In
accordance with the Mississippi River Contingency Action Plan, members
of the USCG, U.S. Army Corps of Engineers, and the marine industry met.
Representatives of towing companies that operate in this affected area
agreed that in order to protect the vessel traffic transiting the area
they will halt all operations until river levels have improved and safe
vessel navigation can resume.
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 intending to
transit the Upper Mississippi River, from Mile Marker 14.5 to 16.0 from
4 p.m., January 30, 2003, until 8 a.m., March 1, 2003. This safety zone
will not have a significant economic impact on a substantial number of
small entities for the following reasons:
1. This rule will be in effect on a temporary basis until
conditions improve.
[[Page 9548]]
2. This particular area of the Upper Mississippi River does have a
significant number of small entity operations.
If you are a small business entity and are significantly affected
by this regulation please contact, LTJG Patrick Mounsey, Marine Safety
Office Paducah representative, at (270) 442-1621 ext. 350.
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 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).
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 an 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. 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.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation because this rule is not expected to result
in any significant environmental impact as described in the National
Environmental Policy Act of 1969 (NEPA).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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
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 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new Sec. 165.T08-013 is added to read as follows:
Sec. 165.T08-013 Safety Zone; Upper Mississippi River, Mile Marker
14.5 to 16.0, Cairo, IL.
(a) Location. The waters of the Upper Mississippi River from mile
marker 14.5 to 16.0, extending the entire width of the river.
(b) Effective period. This section is effective from 4 p.m. January
30, 2003, until 8 a.m. March 1, 2003.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone by any vessel is
prohibited unless authorized by the Captain of the Port Paducah or his
on-scene representative.
(2) All vessels requiring entry into the zone must request
permission from Captain of the Port Paducah or his designated
representative. They may be contacted via VHF channel 16 or by
telephone at (270) 442-1621 ext. 350 or (270) 994-7385.
(3) The Captain of the Port Paducah will notify the public of
changes in the status of this zone by Marine Radio Safety Broadcast on
VHF Marine Band Radio, Channel 22 (157.1 MHz) and through press
releases in local newspapers.
Dated: January 30, 2003.
Patrick T. Keane,
Commander, U.S. Coast Guard, Captain of the Port, Paducah.
[FR Doc. 03-4762 Filed 2-27-03; 8:45 am]
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