[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Rules and Regulations]
[Pages 61988-61990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25086]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 is prohibited to all persons and vessels unless 
authorized by the Captain of the Port New Orleans or designated 
representative.

DATES: This rule is effective beginning 8 a.m. October 15, 2002.

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 [COTP New Orleans-02-005] 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: Ensign Matthew Dooris, Marine Safety 
Office New Orleans, Port Waterways Management, at (504) 589-4251.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 11, 2002, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Security Zone; Lower Mississippi River, 
Southwest Pass Sea Buoy to Mile Marker 96.0, New Orleans, LA'', in the 
Federal Register (67 FR 39924). We received no comments on the proposed 
rule. No public hearing was requested, and none was held.
    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. National security and intelligence 
officials continue to warn that future terrorist attacks against United 
States interests are likely. The temporary final rule published in the 
Federal Register on June 11, 2002 (67 FR 39853) expires on October 15, 
2002. When the temporary rule expires, this final rule replaces it. Any 
delay in making this final rule effective would be contrary to the 
public interest because action is necessary to protect against the 
possible loss of life, injury, or damage to property.

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 ports 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 security zones around these vessels [COTP New Orleans-02-
004]. The temporary final rule was published June 11, 2002 in the 
Federal Register (67 FR 39853) and remains in effect until 8 a.m. 
October 15, 2002. We received no comments concerning this temporary 
final rule.
    Advisories regarding threats of terrorism continue. 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 establishing permanent security zones around these 
vessels as they transit between Southwest Pass and mile marker 96.0 
LMR.
    Moving security zones are established 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. During this time, 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 feet 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 feet of a cruise ship while it 
is in transit.
    The establishment of moving security zones described in this rule 
will be announced to mariners via Marine Safety Information Broadcast.
    For the purpose of this final 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..

Discussion of Comments and Changes

    We received no comments on the proposed rule or temporary final 
rule. The inner perimeter of the security zone was changed from 100 
yards to 100 feet to allow for the passage of other vessels at bends 
and other narrow areas of the Lower Mississippi River. Because this 
change is less restrictive than the proposed rule we did not issue a 
supplemental NPRM.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory and 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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and

[[Page 61989]]

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 ENS Matthew Dooris, U.S. Coast Guard 
Marine Safety Office New Orleans, 1615 Poydras Street, New Orleans, 
Louisiana at (504) 589-4251.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so they could better evaluate its 
effects on them and participate in the rulemaking processes.
    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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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

    The Coast Guard 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 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 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, and 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, LA.

    (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[min]42[sec]N, 89[deg]25[min]54[sec]W [NAD 83] and 
Lower Mississippi River mile marker

[[Page 61990]]

96.0 in New Orleans, Louisiana. These 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 feet 
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 feet of a cruise ship 
unless expressly authorized by the Coast Guard Captain of the Port New 
Orleans or his designated representative.
    (iii) Moored vessels or vessels anchored in a designated anchorage 
area are permitted to remain within 100 feet 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 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.
    (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: September 18, 2002.
R.W. Branch,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 02-25086 Filed 10-2-02; 8:45 am]
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