[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Rules and Regulations]
[Pages 57981-57982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28237]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP New Orleans, LA Regulation 99-027]


Safety 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.

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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. 99-28237 Filed 10-27-99; 8:45 am]
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