[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Proposed Rules]
[Page 21981-21983]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-25]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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 proposed
safety zone is needed to protect construction personnel, equipment, and
vessels involved in the construction of ten bendway weir sites. Entry
into this proposed zone during the enforcement periods would be
prohibited unless specifically authorized by the Captain of the Port
Memphis or a designated representative.
DATES: Comments and related material must reach the Coast Guard on or
before June 22, 2004.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard, Marine Safety Office Memphis, 200 Jefferson Avenue, Suite 1301,
Memphis, Tennessee 38103-2300, Attn: Chief Petty Officer James Dixon.
Marine Safety Office Memphis maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be 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
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [COTP
Memphis 04-001], indicate the specific section of this document to
which each comment applies, and give the reason for each comment.
Please submit all comments and related material in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office Memphis at the
address under ADDRESSES explaining why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
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
proposed rule are based upon the best 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,
[[Page 21982]]
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 Proposed Rule
The Captain of the Port Memphis proposes to establish a temporary
safety zone for all the waters of the Lower Mississippi River from mile
778.0 to mile 781.0. Entry into this proposed 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, would be
prohibited unless specifically authorized by the Captain of the Port
Memphis or a designated representative. This proposed regulation would
be effective from 6 a.m. on August 1, 2004 until 6 p.m. on September
30, 2004. This proposed rule would only be enforced from 6 a.m. until 6
p.m. each day of the effective period. During non-enforcement hours all
vessels would 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 any changes to 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 would be issued announcing those times
when it is safe to transit.
Regulatory Evaluation
This proposed 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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This proposed rule would be enforced for 12 hours each day that it
is effective. During non-enforcement hours all vessels would 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 changes to 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 would
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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would 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 proposed rule zone would not have a significant economic
impact on a substantial number of small entities for the following
reasons: (1) This proposed rule would be enforced from 6 a.m. until 6
p.m. on each day that it is effective; (2) During non-enforcement hours
all vessels would be allowed to transit through the safety zone without
permission from the Captain of the Port Memphis or a designated
representative; (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 think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Chief Petty Officer James Dixon
at (901) 544-3941, extension 2116.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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.
[[Page 21983]]
Civil Justice Reform
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 draft ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make the final decision on whether the rule should
be categorically excluded from further environmental review.
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 proposes
to amend 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. 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
2. From August 1, 2004, to September 30, 2004, add temporary Sec.
165.T08-024 to read as follows:
Sec. 165.T08-024 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
the Lower Mississippi River from mile 778.0 to mile 781.0, extending
the entire width of the channel.
(b) Effective period. This section is effective from 6 a.m. on
August 1, 2004, until 6 p.m. on September 30, 2004.
(c) Enforcement period. This section will be enforced from 6 a.m.
until 6 p.m. each day of the effective period. The Captain of the Port
Memphis or a designated representative will inform the public through
broadcast notice to mariners of any changes to 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 are permitted to
transit through the safety zone without permission from the Captain of
the Port Memphis or a designated representative.
(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 will 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 section 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: April 6, 2004.
D.C. Stalfort,
Commander, U.S. Coast Guard, Captain of the Port Memphis.
[FR Doc. 04-9199 Filed 4-22-04; 8:45 am]
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