[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Rules and Regulations]
[Pages 39852-39854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14558]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP New Orleans-02-004]
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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary moving security 
zones around cruise ships entering and departing the Lower Mississippi 
River (LMR) from 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 is prohibited, unless authorized by the Captain 
of the Port New Orleans or his designated representative.

DATES: This rule is effective from 8 a.m. on May 29, 2002, through 8 
a.m. on October 15, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP New Orleans-02-004] and are 
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:   

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 and under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register.
    Publishing a NPRM and delaying its effective date would be contrary 
to public interest since immediate action is needed to respond to the 
security concerns which are associated with the transit of these 
passenger vessels. The Coast Guard will, during the effective period of 
this temporary final rule, complete notice and comment rulemaking for 
permanent regulations. Elsewhere in today's issue of the Federal 
Register, we have published a NPRM, entitled ``Security Zones; Lower 
Mississippi River, Southwest Pass Sea Buoy to Mile Marker 96.0, New 
Orleans, Louisiana'' for a proposed permanent rule (docket number COTP 
New Orleans-02-005).

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 and warnings, heightened awareness for the security and 
safety of all vessels, ports, and harbors is necessary. Due to the 
increased safety and security concerns surrounding the transit of 
cruise ships, the Captain of the Port, New Orleans is establishing 
temporary security zones around these vessels.
    For the purpose of this 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.
    The moving security zones will 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. The establishment of moving security zones described 
in this rule will be announced to mariners via Marine Safety 
Information Broadcast. No vessel may 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 is 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 are 
permitted to remain within 100 yards of a cruise ship while it is in 
transit.

[[Page 39853]]

Regulatory Evaluation

    This 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).
    The Coast Guard expects the economic impact of this 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 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 will 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 are a small business entity and are significantly affected 
by this regulation please contact LT Ricardo Alonso, Marine Safety 
Office New Orleans, Louisiana, Port Waterways Management at (504) 589-
4222.

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 proposed rule so they could better 
evaluate its effects on them and participate in the rulemaking process. 
If the 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 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 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 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 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.

Energy Effects

    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 in the docket 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 temporary Sec. 165.T08-049 is added to read as follows:

[[Page 39854]]

Sec. 165.T08-049  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, temporary 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) Effective period. This section is effective from 8 a.m. on May 
29, 2002, through 8 a.m. on October 15, 2002.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.
    (d) 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.

    Dated: May 29, 2002.
R.W. Branch,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 02-14558 Filed 6-10-02; 8:45 am]
BILLING CODE 4910-15-P