[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Proposed Rules]
[Pages 39924-39926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14557]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP New Orleans-02-005]
RIN 2115-AA97


Security Zones; Lower Mississippi River, Southwest Pass Sea Buoy 
to Mile Marker 96.0, New Orleans, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent moving 
security zones around cruise ships entering and departing the Lower 
Mississippi River (LMR) from the Southwest Pass sea buoy to mile marker 
96.0. These security zones are needed for the safety and security of 
these vessels. Entry into these zones would be prohibited to all 
persons and vessels unless authorized by the Captain of the Port, New 
Orleans or his designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before August 12, 2002.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office New Orleans, 1615 Poydras Street, New Orleans, LA, 70112. Marine 
Safety Office New Orleans maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Marine Safety Office New Orleans, 1615 Poydras Street, New 
Orleans, LA, 70112 between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Ricardo Alonso, Marine 
Safety Office New Orleans, Port Waterways Management, at (504) 589-
4222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for

[[Page 39925]]

this rulemaking [COTP New Orleans-02-005], indicate the specific 
section of this document to which each comment applies, and give the 
reason for each comment. Please submit all comments and related 
material in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying. If you would like to know they reached us, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period. 
We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office New Orleans at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. National security and 
intelligence officials have warned that future terrorist attacks 
against civilian targets may be anticipated. In response to these 
terrorist acts, heightened awareness and security of our port and 
harbors and the vessels that transit them is necessary. Due to the 
increased safety and security concerns surrounding the transit of 
cruise ships, the Captain of the Port, New Orleans established 
temporary moving security zones, [COTP New Orleans-02-004], around 
these vessels. These temporary moving security zones remain in effect 
until October 15, 2002. (See temporary final rule entitled ``Security 
Zones; Lower Mississippi River, Southwest Pass Sea Buoy to Mile Marker 
96.0, New Orleans, Louisiana'' published elsewhere in today's issue of 
the Federal Register.)
    Because the generalized high-level threat environment continues, 
the Captain of the Port New Orleans has determined that there is a need 
for these security zones to remain in effect indefinitely. The Captain 
of the Port New Orleans is proposing permanent regulations for security 
zones around these vessels as they transit between Southwest Pass and 
mile marker 96.0 LMR.

Discussion of Proposed Rule

    In our proposed rule, moving security zones would commence when a 
cruise ship passes the Southwest Pass Entrance Lighted Buoy ``SW'' 
inbound and continues through its transit, mooring, and return transit 
until it passes the sea buoy outbound. No vessel would be permitted to 
operate within 500 yards of a cruise ship unless operating at the 
minimum safe speed required to maintain a safe course. Except as 
described in this rule, no person or vessel would be permitted to enter 
within 100 yards of a cruise ship unless expressly authorized by the 
Captain of the Port, New Orleans. Moored vessels or vessels anchored in 
a designated anchorage area would be permitted to remain within 100 
yards of a cruise ship while it is in transit.
    The establishment of moving security zones described in this rule 
would be announced to mariners via Marine Safety Information Broadcast.
    For the purpose of this proposed rule the term ``cruise ship'' is 
defined as a passenger vessel over 100 gross tons, carrying more than 
12 passengers for hire, making a voyage lasting more than 24 hours any 
part of which is on the high seas, and for which passengers are 
embarked or disembarked in the United States or its territories. This 
definition covers passenger vessels that must comply with 33 CFR parts 
120 and 128.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary. The impacts 
on routine navigation are expected to be minimal as the zones will only 
impact navigation for a short period of time and the size of the zones 
allows for the transit of most vessels with minimal delay.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit Southwest Pass and the Lower Mississippi River, to mile marker 
96.0. These security zones would not have a significant economic impact 
on a substantial number of small entities. The size of the security 
zones allow for vessels to safely transit around or through the zones 
with minimal interference.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LT Ricardo Alonso, 
Marine Safety Office New Orleans, Port Waterways Management, at (504) 
589-4222.

Collection of Information

    This proposed 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 proposed 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

[[Page 39926]]

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 proposed 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 proposed rule will not affect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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

    The Coast Guard considered the environmental impact of this 
proposed 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 because this rule is not 
expected to result in any significant environmental impact as described 
in the National Environmental Policy Act of 1969 (NEPA). A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. Add Sec. 165.812 to read as follows:


Sec. 165.812  Security Zones; Lower Mississippi River, Southwest Pass 
Sea Buoy to Mile Marker 96.0, New Orleans, Louisiana.

    (a) Location. Within the Lower Mississippi River and Southwest 
Pass, moving security zones are established around all cruise ships 
between the Southwest Pass Entrance Lighted Buoy ``SW'', at approximate 
position 28 deg.52'42'' N, 89 deg.25'54'' W [NAD 83] and Lower 
Mississippi River mile marker 96.0 in New Orleans, Louisiana. These 
temporary moving security zones encompass all waters within 500 yards 
of a cruise ship. These zones remain in effect during the entire 
transit of the vessel and continue while the cruise ship is moored or 
anchored.
    (b) Regulations. (1) Entry of persons and vessels into these zones 
is prohibited unless authorized as follows.
    (i) Vessels may enter within 500 yards but not closer than 100 
yards of a cruise ship provided they operate at the minimum speed 
necessary to maintain a safe course.
    (ii) No person or vessel may enter within 100 yards of a cruise 
ship unless expressly authorized by the Coast Guard Captain of the Port 
New Orleans.
    (iii) Moored vessels or vessels anchored in a designated anchorage 
area are permitted to remain within 100 yards of a cruise ship while it 
is in transit.
    (2) Vessels requiring entry within 500 yards of a cruise ship that 
cannot slow to the minimum speed necessary to maintain a safe course 
must request express permission to proceed from the Captain of the Port 
New Orleans, or his designated representative.
    (3) For the purpose of this section the term ``cruise ship'' is 
defined as a passenger vessel over 100 gross tons, carrying more than 
12 passengers for hire, making a voyage lasting more than 24 hours, any 
part of which is on the high seas, and for which passengers are 
embarked or disembarked in the United States or its territories.
    (4) The Captain of the Port New Orleans will inform the public of 
the moving security zones around cruise ships via Marine Safety 
Information Broadcasts.
    (5) To request permission as required by these regulations contact 
``New Orleans Traffic'' via VHF Channels 13/67 or via phone at (504) 
589-2780 or (504) 589-6261.
    (6) All persons and vessels within the moving security zones shall 
comply with the instructions of the Captain of the Port New Orleans and 
designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. 
Coast Guard patrol personnel include commissioned, warrant, and petty 
officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: May 29, 2002.
R.W. Branch,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 02-14557 Filed 6-10-02; 8:45 am]
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