[Federal Register: September 7, 2005 (Volume 70, Number 172)]
[Rules and Regulations]
[Page 53070-53072]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Lower Mississippi River-05-008]
RIN 1625-AA00
Safety Zone; Lower Mississippi River (LMR), Greenville, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Lower Mississippi River. This safety zone is
needed to protect persons and vessels from the potential safety hazards
associated with the New Greenville Bridge construction. Entry into this
zone is prohibited to all vessels and mariners unless specifically
authorized by the Captain of the Port (COTP) Lower Mississippi River or
a designated representative.
DATES: This rule is effective from July 18, 2005, until November 14,
2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Lower Mississippi River-05-008] and
are available for inspection or copying at Sector Lower Mississippi
River, 2 Auction Avenue, Memphis, Tennessee, 38105 between 8 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Ray Bartlett,
Sector Lower Mississippi River Waterways Management Branch, at (901)
544-3912 extension 2227.
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 an 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
because immediate action is needed to protect vessels and mariners from
the safety hazards associated with the New Greenville Bridge
construction. The Coast Guard first learned on July 6, 2005 that there
would be construction and a need for a safety zone.
Background and Purpose
On July 06, 2005, U.S. Coast Guard Sector Lower Mississippi River
was notified by the contractor (Massman/Traylor, a Joint Venture) that
the New Greenville Bridge (mile 529.8) would be having deck plates
installed from a crane on a barge. COTP Lower Mississippi River
consulted the Lower Mississippi River Commission (LOMRC) to analyze
impacts to commercial traffic in the vicinity of the New Greenville
Bridge and determine that this safety zone is needed to protect the
construction crews, vessels, and mariners from the additional
construction hazards associated with the installation of the deck
plates using a crane located on a barge in the river under the bridge.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for all
waters of the Lower Mississippi River (LMR) from mile marker 529.8 to
mile marker 532.3 extending the entire width of the river. This safety
zone is needed to protect persons and vessels from the potential safety
hazards associated with the crane lifting deck plates into position
during the bridge construction. Entry into this zone is prohibited to
all vessels and mariners unless specifically authorized by the COTP
Lower Mississippi River or a designated representative. Specific dates
and times for river closures will be announced via Safety Marine
Information Broadcast (SMIB) and are expected to last for a period of
eight hours from 8:30 a.m. to 5:30 p.m.
The COTP Lower Mississippi River may be contacted by telephone at
(901) 544-3912 extension 2124. The COTP Lower Mississippi River or a
designated representative will inform the public through Broadcast
Notice to Mariners of changes in the effective period for the safety
zone. This rule is effective from July 18, 2005 until November 14,
2005.
[[Page 53071]]
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 a short period of time and
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 entities, some of which
may be small entities: the owners or operators of vessels that would be
required to operate between mile marker 529.8 and mile marker 532.3,
from July 18, 2005 to November 14, 2005. 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 a short period of time.
If you are a small business entity and are significantly affected
by this regulation please contact Chief Warrant Office Ray Bartlett,
Sector Lower Mississippi River Waterways Management Branch, at (901)
544-3912 extension 2227.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
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 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 affect 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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this final rule under Commandant Instruction
M16475.1D, 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
[[Page 53072]]
2.B.2 of the Instruction. Therefore, this rule is categorically
excluded, under figure 2-1, paragraph (32)(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.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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.T08-153 is added to read as follows:
Sec. 165.T08-153 Safety Zone; Lower Mississippi River, Mile Marker
529.8 to Mile Marker 532.3, Greenville, MS.
(a) Location. The following area is a safety zone: all waters of
the Lower Mississippi River (LMR), beginning at mile marker 529.8 and
ending at mile marker 532.3, extending the entire width of the river.
(b) Effective dates. This section is effective from 8 p.m. on July
18, 2005 until 10 p.m. on November 14, 2005.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into this zone by vessels or mariners is prohibited
unless authorized by the COTP Lwer Mississippi River or a designated
representative.
(2) Persons or vessels requiring entry into or passage through must
request permission from the COTP Lower Mississippi River or a
designated representative. They may be contacted on VHF-FM Channel 16,
or by telephone at (901) 544-3912, extension 2124.
(3) All persons and vessels shall comply with the instructions of
the COTP Lower Mississippi River and designated personnel. Designated
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard.
Dated: July 18, 2005.
P.J. Maguire,
Commander, U.S. Coast Guard, Captain of the Port Lower Mississippi
River.
[FR Doc. 05-17717 Filed 9-6-05; 8:45 am]
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