[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Rules and Regulations]
[Pages 50108-50110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24535]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CCGD08-01-036]
RIN 2115-AA97


Security Zone; DOD Barge Flotilla, Cumberland City, TN to 
Alexandria, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
around a barge flotilla carrying military equipment on the waters of 
the Cumberland River, the Ohio River, the Lower Mississippi River, and 
the Red River. The United States Army is shipping military equipment on 
board a barge flotilla, requiring a 100-yard security perimeter 
commencing in Cumberland City, TN on and securing upon offloading of 
cargo at Alexandria, LA. This zone is needed to safeguard the shipment 
from sabotage or other subversive acts in light of recent terrorist 
activity in the United States. Navigation within this zone will be 
prohibited unless specifically authorized by the Eighth Coast Guard 
District Commander's on-scene representative.

DATES: This rule is effective from 6 p.m. (CDT) September 20, 2001 
until 11:59 p.m. (CDT) on September 30, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD08-01-036 and are available for inspection or 
copying at Commander Eighth Coast Guard District (m), Hale Boggs 
Federal Bldg., 501 Magazine Street, New Orleans, LA 70130, between 7:30 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Karrie C. Trebbe, Eighth Coast 
Guard District Marine Safety Division, Hale Boggs Federal Bldg., 501 
Magazine Street, New Orleans LA 70130, 504-589-6271.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. Publishing an NPRM and delaying 
its effective date would be contrary to public interest since immediate 
action is needed to protect military assets.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to security reasons and 
complex planning and coordination requirements, the Coast Guard was not 
able to obtain details of the event thirty days prior to its 
occurrence.

Background and Purpose

    The Coast Guard is establishing a security zone with a 100-yard 
security perimeter around an Army barge flotilla on the waters of the 
Cumberland River from mile 108.5 to 0.0, the Ohio River mile 923.0 to 
981.0, the Lower Mississippi River mile 953.5 to 310.5, and the Red 
River mile 00.0 to 85.0. The United States Army is shipping military 
equipment onboard the barge flotilla commencing in Cumberland City, TN 
at 6 p.m. on September 20, 2001 and securing upon offloading at 
Alexandria, LA. The zone will be in effect during the flotilla's entire 
transit and while the flotilla is moored at Alexandria, LA with cargo 
on deck. This zone is needed to safeguard the Army shipment from 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature. The protection of this Army shipment is a matter of 
national security. Therefore, the Coast Guard has determined it is 
necessary to prevent access into this zone in order to ensure this 
equipment safely reaches its destination. Entry into this zone will be 
prohibited unless authorized by the Eighth Guard District Commander's 
on-scene representative. The on-scene representative will be located on 
a Coast Guard vessel accompanying the flotilla and may be contacted on 
VHF channel 13 or 16.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (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. The 
impacts on routine navigation are expected to be minimal.

[[Page 50109]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. The impact on small entities is expected to be minimal, as 
only short delays to vessel traffic will occur when the shipment meets 
other vessels along its route.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effect

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
    2. A new Sec. 165.T08-036 is added to read as follows:


Sec. 165.T08-036  Security Zone; Fort Campbell--DOD Barge Flotilla, 
Cumberland City, TN to Alexandria, LA.

    (a) Location. The following area is a security zone: the waters 100 
yards around the Army barge flotilla while in transit on the Cumberland 
River from mile 108.5 to 0.0, the Ohio River from mile 923.0 to 981.0, 
the Lower Mississippi River from mile 953.5 to 310.5, and the Red River 
from mile 00.0 to 85.0. The security zone remains in effect while the 
flotilla is moored in Alexandria, LA with cargo on deck.
    (b) Effective date. This section is effective from 6 p.m. September 
20, 2001 to 11:59 p.m. on September 30, 2001.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec. 165.33 of 
this part, entry within 100 yards of the Army flotilla is prohibited 
unless authorized by the Eighth Coast Guard District Commander's on-
scene representative.
    (2) No vessels may enter this security zone unless specifically 
authorized by the Eighth Coast Guard District Commander's on-scene 
representative. Vessels shall contact the on-scene representative on 
channel 13 or 16 for closure information and passing instructions. The 
Eighth Coast Guard District Commander will notify the public of changes 
in the status of this zone by Marine Radio Safety Broadcast on VHF 
Marine Band Radio, Channel 22 (157.1 MHz).


[[Page 50110]]


    Dated: September 20, 2001.
R.J. Casto,
Rear Admiral, U. S. Coast Guard, Commander, Eighth Coast Guard 
District.
[FR Doc. 01-24535 Filed 10-1-01; 8:45 am]
BILLING CODE 4910-15-U