[Federal Register Volume 59, Number 42 (Thursday, March 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4762]


[[Page Unknown]]

[Federal Register: March 3, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Miami 94-008]

 

Safety Zone Regulations; North Miami Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in the 
Intracoastal Waterway at Bakers Haulover Inlet Florida. This safety 
zone is needed to protect vessels from a safety hazard associated with 
severe shoaling in the channel between Biscayne Bay daybeacon 6 (light 
list number 41185) and Biscayne Bay light 9 (light list number 41210). 
Entry into this safety zone by tugs towing or pushing barges with 
drafts exceeding four feet, beams exceeding 16 feet, and all barges 
carrying oil, or hazardous material is prohibited unless authorized by 
the Captain of the Port, Miami, Florida or his designated 
representative.

EFFECTIVE DATE: This regulation becomes effective on January 28, 1994 
at 1 p.m. and terminates at 7 p.m. on April 11, 1994, unless sooner 
terminated by the Captain of the Port.

FOR FURTHER INFORMATION CONTACT: Chief Boatswains Mate Robert F. 
Chason, Port Operations Department, USCG Marine Safety Office Miami, 
Claude Pepper Federal Building, 5th Floor, 51 SW. First Avenue, Miami, 
Florida 33130-1608, (305) 536-5693.

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 in less than 30 days after Federal 
Register publication. Publishing a NPRM and delaying its effective date 
would be contrary to public safety interests since immediate action is 
needed to prevent potential damage to the public.

Drafting Information

    The drafters of this regulation are Chief Boatswains Mate Robert F. 
Chason, Project Officer for the Captain of the Port, Miami, Florida, 
and Lieutenant J. Losego, Project Attorney, Seventh Coast Guard 
District Legal Office.

Discussion of Regulations

    This safety zone is needed to protect vessels from a safety hazard 
associated with severe shoaling in the channel between Biscayne Bay 
daybeacon 6, (light list number 41185) and Biscayne Bay light 9 (light 
list number 41210). There have been several recent tug and barge 
groundings caused by the current channel conditions, and the potential 
for a severe marine casualty is great if unrestricted commercial vessel 
traffic is allowed to continue. This area of the channel is scheduled 
to be dredged to its published depth between February 7, 1994 and April 
11, 1994. Until the channel is dredged, entry into this safety zone by 
tugs towing or pushing barges with drafts exceeding four feet, beams 
exceeding 16 feet, and all barges carrying oil, or hazardous material 
is prohibited unless authorized by the Captain of the Port, Miami, 
Florida or his designated representative.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612 and it has been determined 
that the proposed rulemaking does not have sufficient Federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2.C. of Commandant Instruction 
M16475.1B, and actions to protect public safety have been determined to 
be categorically excluded from further environmental documentation.

Economic Assessment and Certification

    This proposal is not considered a significant regulatory action 
under Executive Order 12866 and is not significant under Department of 
Transportation regulatory policies and procedures (44 FR 11034, 
February 26, 1979). The economic impact of this proposal is expected to 
be so minimal that a full regulatory evaluation is unnecessary. The 
safety zone will only be in effect 5 hours of one day, February 11, 
1994.
    Since the impact of this proposal is expected to be minimal, the 
Coast Guard certifies that, if adopted, it will not have a significant 
economic impact on a substantial number of small entities.

List of Subjects in 33 CFR Part 165

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

Regulation

    In consideration of the foregoing, subpart C of part 165 of title 
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. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6 and 160.5.

    2. A new Sec. 165.T07-008 is added to read as follows:


Sec. 165.T07-008  Safety Zone: Intra Coastal Waterway, Bakers Haulover 
Inlet Florida.

    (a) Locations. The following area is a safety zone: The waters of 
the Intracoastal Waterway (Statute Mile 1080) at Bakers Haulover Inlet 
Florida (chart 11467), between Biscayne Bay Daybeacon 6, (light list 
number 41185) and Biscayne Bay light 9 (light list number 41210).
    (b) Effective date. This section becomes effective on January 28, 
1994 at 1 p.m. and terminates at 7 p.m. April 11, 1994, unless sooner 
terminated by the Captain of the Port.
    (c) Regulations. In accordance with the general regulations in 33 
CFR 165.23 of this part, entry into this safety zone by tugs towing or 
pushing barges with drafts exceeding four feet, beams exceeding 16 
feet, and all barges carrying oil, or hazardous material is prohibited 
unless authorized by the Captain of the Port, Miami, Florida or his 
designated representative.

    Dated: January 28, 1994.
L.A. Doyle,
Captain, United States Coast Guard, Captain of the Port, Miami.
[FR Doc. 94-4762 Filed 3-2-94; 8:45 am]
BILLING CODE 4910-14-M