[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]


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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.

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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proposed rulemaking will not be published for this regulation and good 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]
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