Ports and waterways safety: Lower Mississippi River, Above Head of Passes; safety zone,

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Federal Register: October 28, 1999 (Volume 64, Number 208)Rules and RegulationsPage 57981-57982From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr28oc99-8

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

COTP New Orleans, LA Regulation 99-027Safety Zone; Mile 94.0 to Mile 96.0, Lower Mississippi River, Above Head of Passes

RIN 2115--AA97 AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone from mile 94.0 to mile 96.0, Lower Mississippi River, extending the entire width of the river. The safety zone will protect vessels transiting the area from a hazardous condition associated with a fireworks display in the vicinity of Algiers Point. Entry into this zone is prohibited to all vessels unless authorized by the Captain of the Port. Vessels desiring authorization to enter this safety zone must request permission from the Coast Guard Traffic Light Operator at the Governor Nicholls Traffic Light VHF-FM Channel 67. Authorization to enter this safety zone will only be granted during emergency situations that affect the safety of the vessel or the safety of the port. The safety zone will ensure the safety of human life and property.

EFFECTIVE DATES: This temporary rule is effective on October 28, 1999, from 9:45 p.m. until October 28, 1999, ending at 10:30 p.m.

FOR FURTHER INFORMATION CONTACT: COTP New Orleans representative, LT(jg) Kevin Lynn at (504) 589-4221.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of proposed rulemaking was not published for this regulation and good cause exists for making it effective less than 30 days after Federal Register publication. Publishing an NPRM and delaying its effective date would be contrary to public interest since immediate action is needed to respond to the potential hazards to local marine traffic involved.

Background and Purpose

The hazardous condition requiring this regulation is a result of a fireworks display on the Mississippi River between mile 94.0 and mile 96.0. A safety zone is needed to protect vessels transiting the area. Entry into this zone is prohibited to all tankships and tankbarges unless authorized by the Captain of the Port. This regulation is issued pursuant to 33 U.S.C. 1231 as set out in the authority citation for all of Part 165.

Regulatory Evaluation

This temporary rule is not a significant regulatory evaluation under Executive Order 12866 and is not significant under the ``Department of Transportation Regulatory Policies and Procedures'' (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 is unnecessary. This regulation will only be in effect for a short period of time, and the impacts on routine navigation are expected to be minimal.

Collection of Information

This rule contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and criteria contained in Executive Order 12612 and has determined that it does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this proposal and concluded that under section 2-1, paragraph (34)(g) of Commandant Instruction M16475.1C, this proposal is categorically excluded from further environmental documentation.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this regulation will have a significant economic impact on a substantial number of small entities. ``Small entities'' include independently owned and operated small businesses that are not dominant in their field and that otherwise qualify as ``small business concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). Since the impact of this regulation on non-participating small entities is expected to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation will only be in effect for several hours and the impacts on small entities are expected to be minimal.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Vessels, Waterways.

Regulation

In consideration of the foregoing, subpart F of part 165 of Chapter 33, Code of Federal Regulations, is amended as follows:

PART 165--[AMENDED]

1. The authority citation for part 165 continues to read as follows:

Authority: 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 1605; 49 CFR 1.46

2. A new Sec. 165.T08-041 is added to read as follows:

Sec. 165.T08-041 Safety Zone

  (a) Location. The following area is a safety zone: The waters of the Lower Mississippi River from mile 94.0 to mile 96.0, in the vicinity of Algiers Point, extending the entire width of the river.

  (b) Effective date. This section will become effective on October 28, 1999 at 9:45 p.m. It will terminate on October

[Page 57982]28, 1999, at 10:30 p.m., unless sooner terminated by the Captain of the Port. The Captain of the Port will notify the public of changes in the status of this zone by Marine Radio Safety Broadcasts on VHF Marine Band Radio, Channel 22 (157.1 MHZ).

  (c) Regulations.

In accordance with the general regulations in Sec. 165.23, entry into this zone by any vessel is prohibited unless authorized by the Captain of the Port New Orleans.

Dated: October 7, 1999. S.W. Rochon, Captain, U.S. Coast Guard, Captain of the Port.

FR Doc. 99-28237Filed10-27-99; 8:45 amBILLING CODE 4910-15-U

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