[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5279]
[[Page Unknown]]
[Federal Register: March 8, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
RIN 2115-AA97
COTP Corpus Christi, TX 94-006 Safety Zone Regulation; Gulf
Intracoastal Waterway, Matagorda Bay
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone in the Gulf
Intracoastal Waterway from mile marker 475 to mile marker 455. Shoaling
into the center of the channel has occurred between green buoy 97 and
green buoy 105. The safety zone is needed to prevent vessels from
grounding on the shoal areas near the narrowed channels.
Entry into this zone is restricted to single wide loaded tows,
empty tows may transit through the safety zone double wide. All vessels
are restricted to one way traffic between green buoy 89 and green buoy
115.
EFFECTIVE DATES: This regulation becomes effective at 12:01 a.m., on
February 15, 1994. It terminates at 12:01 a.m., April 15, 1994, or upon
completion of dredging by the Army Corps of Engineers, whichever is
earliest.
FOR FURTHER INFORMATION CONTACT: ENS S. Montoya at telephone number
(512) 888-3195, or at United States Coast Guard Marine Safety Office,
P.O. Box 1621, Corpus Christi, Texas, 78403.
SUPPLEMENTARY INFORMATION: Under 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 an NPRM and delaying its effective date would
be contrary to the public interest since immediate action is needed to
reduce the risk of vessel groundings and potential pollution incidents.
Drafting Information
The drafters of this regulation are ENS S. Montoya, Chief,
Waterways Management Section, and CAPT R. J. Reining, Commanding
Officer, U.S. Coast Guard Marine Safety Office, Corpus Christi, Texas,
and CDR D. Dickman, Project Counsel, Eighth Coast Guard District, Legal
Office, New Orleans.
Discussion of Regulation
The Coast Guard is establishing a safety zone in the Gulf
Intracoastal Waterway from mile marker 475 to mile marker 455. Shoaling
into the center of the channel has occurred between green buoy 97 and
green buoy 105. The safety zone is needed to prevent vessels from
grounding on the shoal areas near the narrowed channels. Entry into
this zone is restricted to single wide loaded tows, empty tows may
transit through the safety zone double wide. All vessels are restricted
to one way traffic between green buoy 89 and green buoy 115.
Regulatory Evaluation
This temporary final rule is not considered a significant
regulatory action under Executive Order 12866 and is not significant
under the ``Department of Transportation regulatory policies and
procedures'' (44 FR 11034: 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 section 2.B.2. of Commandant
Instruction M16475.1 (series), this proposal is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination is available by contacting Commander (mps), Eighth Coast
Guard District, 501 Magazine Street, New Orleans, LA 70130-3396.
This regulation is issued under to 33 U.S.C. 1225 and 1231, as set
out in the authority citation for all of part 165.
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; 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.T08-006 is added to read as follows:
Sec. 165.T08-006 Safety Zone: Gulf Intracoastal Waterway, Matagorda
Bay.
(a) Location. The following area is a safety zone: A safety zone
exists in the Gulf Intracoastal Waterway from mile marker 475 to mile
marker 455, including the entire width of the channel.
(b) Regulations. (1) The Gulf Intracoastal Waterway between buoys
89 and 115 is restricted to one way traffic. Before transiting between
buoys 89 and 115, a vessel must establish radio communications with all
other vessels in the area that are restricted to the maintained
channel, to establish which vessel will transit through the safety
zone. A vessel may not transit between buoys 89 and 115, without prior
approval of the Captain of the Port, unless it has an agreement with
the other vessels in the area.
(i) No vessel may meet or pass another vessel between buoys 89 and
115.
(ii) Any vessel meeting another vessel, between buoys 89 and 115,
that is restricted in its ability to maneuver outside the maintained
channel, must either move to outside the maintained channel, if it is
able, or back up until it is east or west of the buoys.
(2) Between mile marker 455 and mile marker 475 of the Gulf
Intracoastal Waterway:
(i) A tow consisting of any loaded barges may only transit if made
up in a single wide configuration.
(ii) A tow consisting of only empty barges may transit if made up
of either a single wide or double wide configuration.
(3) Permission to deviate from these regulations may only be
obtained from the Captain of the Port, Corpus Christi, Texas.
Permission can be obtained by calling the Chief, Waterways Management
Section, U.S. Coast Guard Marine Safety Office, Texas, at telephone
number (512) 888-3162 or 3195.
(c) Effective date. This section becomes effective at 12:01 a.m.,
on February 14, 1994. It terminates at 12:01 a.m., April 15, 1994, or
upon completion of dredging by the Army Corps of Engineers, whichever
is earliest.
Dated: February 14, 1994.
Robert J. Reining,
Captain, Coast Guard, Captain of the Port, Corpus Christi, Texas.
[FR Doc. 94-5279 Filed 3-7-94; 8:45 am]
BILLING CODE 4910-14-M