[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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proposed rulemaking will not be published for this regulation and good 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]
BILLING CODE 4910-15-M