[Federal Register: July 22, 2004 (Volume 69, Number 140)]
[Rules and Regulations]
[Page 43746-43748]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy04-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Memphis 04-001]
RIN 1625-AA00
Safety Zone; Lower Mississippi River Mile Marker 778.0 to 781.0,
Osceola, 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 the waters of the Lower Mississippi River from mile 778.0 and to
mile 781.0, extending the entire width of the channel. This safety zone
is needed to protect construction personnel, equipment, and vessels
involved in the construction of ten bendway weir sites. Entry into this
zone is be prohibited unless specifically authorized by the Captain of
the Port Memphis or a designated representative.
DATES: This rule is effective from 6 a.m. on August 1, 2004, until 6
p.m. on September 30, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (COTP Memphis-04-001) and are available
for inspection or copying at Marine Safety Office Memphis, 200
Jefferson Avenue, Suite 1301, Memphis, Tennessee, 38103-2300 between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer (CPO) James Dixon,
Marine Safety Office Memphis at (901) 544-3941, extension 2116.
SUPPLEMENTARY INFORMATION:
Request for Comments
On April 23, 2004, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Lower Mississippi River Mile Marker
778.0 to 781.0, Osceola, AR'' in the Federal Register (69 FR 21981). We
received no comments on the proposed rule. No public hearing was
requested, and none was held.
Background and Purpose
On February 26, 2004, the Army Corps of Engineers requested a
channel closure for the Lower Mississippi River from mile 778.0 to
781.0, to occur daily from 6 a.m. until 6 p.m. beginning on August 1,
2004, and ending on September 30, 2004. The effective dates for this
rule are based upon the best
[[Page 43747]]
available information and may change. This closure is needed to protect
construction personnel, equipment, and vessels from potential safety
hazards associated with vessels transiting in the vicinity of ten,
bendway weir construction sites. These ten bendway weir sites are
located on the left descending bank, in the vicinity of Driver Bar
between mile 778.0 and 781.0, Lower Mississippi River. Construction of
the bendway weirs is needed to maintain the integrity of the left
descending bank of the Mississippi River at the project site and can
only be performed under optimal conditions. During working hours,
construction equipment will be located in the navigable channel
creating a hazard to navigation. A safety zone is needed to protect
construction personnel, equipment, and vessels involved in the
construction of ten bendway weir sites. During non-working hours, the
construction equipment will be moved out of the channel, allowing
vessels unrestricted passage through the safety zone.
Discussion of Rule
The Captain of the Port Memphis is establishing a temporary safety
zone for all the waters of the Lower Mississippi River from mile 778.0
and to mile 781.0. Entry into this zone by vessels other than those
contracted by the U.S. Army Corps of Engineers and operating in support
of the bendway weir construction project, is prohibited unless
specifically authorized by the Captain of the Port Memphis or a
designated representative. This regulation is effective from 6 a.m. on
August 1, 2004, until 6 p.m. on September 30, 2004. This rule will only
be enforced from 6 a.m. until 6 p.m. on each day that it is effective.
During non-enforcement hours all vessels will be allowed to transit
through the safety zone without permission from the Captain of the Port
Memphis or a designated representative. The Captain of the Port Memphis
or a designated representative will inform the public through broadcast
notice to mariners of the enforcement periods for the safety zone. The
Captain of the Port Memphis may permit vessels to navigate through the
safety zone during work hours if conditions allow for safe transit. A
broadcast notice to mariners will be issued announcing those times when
it is safe to transit.
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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This rule will only be enforced for 12 hours each day that it is
effective. During non-enforcement hours all vessels will be allowed to
transit through the safety zone without permission from the Captain of
the Port Memphis or a designated representative. The Captain of the
Port Memphis or a designated representative will inform the public
through broadcast notice to mariners of the enforcement periods for the
safety zone. The Captain of the Port Memphis may permit vessels to
transit through the safety zone during work hours if conditions allow
for safe transit. A broadcast notice to mariners will be issued
announcing those times when it is safe to transit. 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 will 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 waters of the Lower Mississippi River, Mile Marker 778.0 to 781.0
daily from 6 a.m. on August 1, 2004, until 6 p.m. on September 30,
2004.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (1)
This rule will only be enforced from 6 a.m. until 6 p.m. on each day
that it is effective; (2) during non-enforcement hours all vessels will
be allowed to transit through the safety zone without permission from
the Captain of the Port Memphis or a designated representative; and (3)
the Captain of the Port Memphis may permit vessels to transit through
the safety zone during work hours if conditions allow for safe transit.
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
[[Page 43748]]
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 would not create an
environmental risk to health or risk to safety that might
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 would 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 the
National Environmental Policy Act of 1969 (NEPA).
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
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. A new temporary Sec. 165.T08-033 is added to read as follows:
Sec. 165.T08-033 Safety Zone; Lower Mississippi River Mile Marker
778.0 to 781.0, Osceola, AR.
(a) Location. The following area is a safety zone: all waters of
Lower Mississippi River from mile 778.0 and to mile 781.0, extending
the entire width of the channel.
(b) Effective date. This section is effective from 6 a.m. on August
1, 2004 until 6 p.m. on September 30, 2004.
(c) Periods of enforcement. This rule will be enforced from 6 a.m.
until 6 p.m. on each day that it is effective. The Captain of the Port
Memphis or a designated representative will inform the public through
broadcast notice to mariners of the enforcement periods for the safety
zone.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone by vessels other than
those contracted by the U.S. Army Corps of Engineers and operating in
support of the bendway weir construction project is prohibited unless
authorized by the Captain of the Port Memphis.
(2) During non-enforcement hours all vessels will be allowed to
transit through the safety zone without permission from the Captain of
the Port Memphis or a designated representative. The Captain of the
Port Memphis or a designated representative would inform the public
through broadcast notice to mariners of the enforcement periods for the
safety zone.
(3) The Captain of the Port Memphis may permit vessels to navigate
during work hours if conditions allow for safe transit. A broadcast
notice to mariners would be issued announcing those times when it is
safe to transit.
(4) Persons or vessels requiring entry into or passage through the
zone at times other than those specified in section (d)(2) and (d)(3)
of this rule must request permission from the Captain of the Port
Memphis or a designated representative. The Captain of the Port Memphis
may be contacted by telephone at (901) 544-3912, extension 2124. Coast
Guard Group Lower Mississippi River may be contacted on VHF-FM Channel
13 or 16.
(5) All persons and vessels shall comply with the instructions of
the Captain of the Port Memphis and designated representatives.
Designated representatives include Coast Guard Group Lower Mississippi
River.
Dated: July 8, 2004.
D.C. Stalfort,
Commander, U.S. Coast Guard, Captain of the Port Memphis.
[FR Doc. 04-16650 Filed 7-21-04; 8:45 am]
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