[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Page 46891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23222]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP New Orleans, LA Regulation 98-019]
RIN 2115-AA97
Safety Zone; Baptiste Collette Bayou From Lower Mississippi River
Mile 11.3 to Lighted Buoy #21 in Breton Sound
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone from
the entrance to Baptiste Collette Bayou at Lower Mississippi River Mile
11.3 to Baptiste Collette Lighted Buoy #21 in Breton Sound, extending
the entire width of the bayou. The safety zone has been established to
ensure the safe transit of vessels in Baptiste Collette Bayou during a
period of significantly increased vessel traffic as a result of the
closure of the Inner Harbor Navigational Canal Lock and to protect the
environment.
DATES: This regulation is effective from July 27, 1998, at 8 a.m. local
time until September 27, 1998 at 8 p.m. local time.
FOR FURTHER INFORMATION CONTACT:
LT(jg) Yuri Graves (504) 589-4256. 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proposed rulemaking will not be published for this regulation and good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(jg) Yuri
Graves, Project Manager for the Captain of the 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
the de-watering and repair of the Inner Harbor Navigation Canal Lock.
The safety zone is needed to protect vessels transiting the Baptiste
Collette Bayou during this period of significantly increased vessel
traffic. 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.
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.
Regulatory Evaluation
This temporary rule is not a significant regulatory evaluation
under Section 3(b) 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.
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 (series), 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.
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 temporary Sec. 154.T08-047 is added to read as follows:
Sec. 165.T08-047 Safety Zone.
(a) Location. The following area is a safety zone: Baptiste
Collette Bayou from its junction with the Mississippi River to Baptiste
Collette Lighted Buoy #21 in Breton Sound, extending the entire width
of the Bayou.
(b) Effective date. This section is effective from July 27, 1998 at
8 a.m. local time until September 27, 1998 at 8 p.m. local time.
(c) Regulations.
In accordance with the general regulations in Sec. 165.23 of this
part, entry into the zone by any vessel is prohibited unless authorized
by the Captain of the Port.
W.R. Marhoffer,
Commander, U.S. Coast Guard, Captain of the Port, Acting.
[FR Doc. 98-23222 Filed 9-2-98; 8:45 am]
BILLING CODE 4910-15-M
