[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36851-36852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18117]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP New Orleans, LA 98-009]
RIN 2115-AA97
Safety Zone Regulations; Baptiste Collette Bayou Channel, Mile
11.5, Left Descending Bank, Lower Mississippi River, Above Head of
Passes
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the Baptiste Collette Bayou Channel, Mile 11.5, Left Descending Bank,
Lower Mississippi River, Above Head of Passes, extending the entire
width of the channel. The safety zone has been established to protect
vessels transiting the area from hazardous conditions associated with
severe shoaling and the concurrent U.S. Army Corps of Engineers
dredging operations.
EFFECTIVE DATES: This regulation becomes effective on May 9, 1998,
commencing at 5:00 p.m. local time. It will be terminated when the U.S.
Corps of Engineers dredging operations are complete on August 2, 1998.
FOR FURTHER INFORMATION CONTACT:
LT Zachary Pickett (504) 589-4222. U.S. Coast Guard Marine Safety
Office, 1615 Poydras St., New Orleans, LA 70112-1254.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking will not be published for this regulation and good
cause exists for making it effective in less than 30 days after Federal
Register publication. Publishing a NPRM and delaying its effective date
would be contrary to the public interest since immediate action is
needed to respond to the potential hazards to local marine traffic
involved.
Drafting Information: The drafter of this regulation is LT Zachary
Pickett, Project Manager for the Captain of the
[[Page 36852]]
Port, and LT(jg) M.A. Woodruff, Project Counsel, Eighth Coast Guard
District Legal Office.
Background and Purpose
The hazardous condition requiring this regulation is a result of
severe shoaling within the Baptiste Collette Bayou Channel. The U.S.
Army Corps of Engineers is currently dredging this channel thereby
restricting navigation. A safety zone is needed to protect vessels
transiting the area. This regulation is issued pursuant to 33 U.S.C.
1225 and 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 Section 3(f) of 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.
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.
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 figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1C, this proposal is categorically
excluded from further environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Safety 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 160.5; 49 CFR 1.46.
2. A new Sec. 165.T08-024 is added to read as follows:
Sec. 165.T08-024 Safety Zone:
(a) Location. The following area is a safety zone: Baptiste
Collette Bayou Channel, Lower Mississippi River, Mile 11.5, Left
Descending Bank, Above Head of Passes in the vicinity of Venice,
Louisiana extending the entire width of the channel.
(b) Effective date. This section becomes effective on May 9, 1998,
commencing at 5:00 p.m. local time. It will be terminated when the U.S.
Army Corps of Engineers completes dredging operations on August 2,
1998.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, no vessel may operate within the safety zone
contrary to this regulation.
(2) The Baptiste Collette Channel is restricted to vessels with
drafts of five feet or less. All vessels shall comply with this draft
restriction unless otherwise directed in Marine Information Broadcasts.
(3) A one way traffic pattern is in effect and being regulated by
the U.S. Army Corps of Engineers M/V BRETON or as directed in Marine
Information Broadcasts.
(4) All vessels shall observe a no meeting or passing zone while
transiting Baptiste Collette or as directed in Marine Information
Broadcasts.
(5) The west side (red) of the channel is closed from marker #6 to
the sea buoy/entrance buoy. Passing will only be allowed on the east
side (green) of the channel and only at the top of each hour or as
directed by the U.S. Army Corps of Engineers M/V BRETON.
Dated: May 8, 1998.
G.D. Marsh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 98-18117 Filed 7-7-98; 8:45 am]
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