[Federal Register: May 6, 2004 (Volume 69, Number 88)]
[Rules and Regulations]
[Page 25319-25321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my04-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Memphis-04-002]
RIN 1625-AA00
Safety Zone; McCellan-Kerr Arkansas River, Mile 307 to 309.5,
Fort Smith, 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 waters of the McCellan-Kerr Arkansas River from mile 307 to mile
309.5 in Fort Smith, AR. This safety zone is needed to protect persons
and vessels from the potential safety hazards associated with a
fireworks display. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Memphis or a
designated representative.
DATES: This rule is effective from 9 p.m. until 10:15 p.m. on July 4,
2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Memphis-04-002] and are available
for inspection or copying at Marine Safety Office Memphis, 200
Jefferson Avenue, Suite 1301, Memphis, TN 38103 between 8 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer (CPO) James Dixon
at Marine Safety Office Memphis, (901) 544-3941, extension 2116.
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 in the Federal Register.
Publishing a NPRM and delaying its effective date would be contrary to
public interest because immediate action is needed to protect vessels
and mariners from the hazards associated with a fireworks display.
Background and Purpose
The Mayor's 4th of July celebration fireworks display will be
launched from a barge between mile 307 and 309.5 on the McCellan-Kerr
Arkansas River. A hazardous situation could exist for vessels, mariners
and spectators in the vicinity of the fireworks display. A safety zone
is needed to protect those vessels, mariners and spectators from the
hazards associated with this fireworks display.
Discussion of Rule
The Captain of the Port Memphis is establishing a safety zone for
all waters of the McCellan-Kerr Arkansas River from mile 307 to mile
309.5 for the Mayor's 4th of July celebration fireworks display in Fort
Smith, AR. Entry into this zone by persons or vessels is prohibited
unless specifically authorized by the Captain of the Port Memphis or a
designated representative. They may be contacted on VHF-FM Channel 13
or 16, or by telephone at (901) 544-3912, extension 2124. This rule is
effective from 9 p.m. until 10:15 p.m. on July 4, 2004.
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 approximately one hour and
fifteen minutes. 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
[[Page 25320]]
entities, some of which may be small entities: the owners or operators
of vessels intending to transit the McCellan-Kerr Arkansas River from
mile 307 to 309.5 between 9 p.m. on July 4, 2004 until 10:15 p.m. on
July 4, 2004. 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 approximately one hour and fifteen minutes.
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 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. 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 NEPA.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
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. Add temporary Sec. 165.T08-025 to read as follows:
Sec. 165.T08-025 Safety Zone; McCellan-Kerr Arkansas River Mile 307.0
to Mile 309.5, Fort Smith, AR.
(a) Location. The following area is a safety zone: all waters of
the McCellan-Kerr Arkansas River from mile 307 to mile 309.5, extending
the entire width of the waterway.
(b) Effective date. This rule is effective from 9 p.m. until 10:15
p.m. on July 4, 2004.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Memphis.
(2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port Memphis or a designated
representative. They may be contacted on VHF-FM Channel 13 or 16, or by
telephone at (901) 544-3912, extension 2124.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Memphis and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
[[Page 25321]]
Dated: April 27, 2004.
David C. Stalfort,
Commander, U.S. Coast Guard, Captain of the Port Memphis.
[FR Doc. 04-10353 Filed 5-5-04; 8:45 am]
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