[Federal Register Volume 67, Number 226 (Friday, November 22, 2002)]
[Rules and Regulations]
[Pages 70313-70315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29654]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP New Orleans-02-022]
RIN 2115--AA97


Safety Zone; Lower Mississippi River, Miles 87.2 to 91.2, Above 
Head of Passes, New Orleans, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Lower Mississippi River beginning at mile 87.2 and ending at mile 
91.2, above Head of Passes, extending the entire width of the river. 
This safety zone is needed to protect persons and vessels from the 
potential safety hazards associated with the weekly upbound and 
downbound transit of the cruise ship (C/S) CONQUEST beneath the Entergy 
Corporation power cable located at mile marker 89.2. Entry into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port New Orleans or his designated representative.

DATES: This rule is effective from 4:30 a.m. on November 12, 2002 until 
8 p.m. on March 2, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP New Orleans-02-022] and are 
available for inspection or copying at Marine Safety Office New 
Orleans, 1615 Poydras Street, New Orleans, Louisiana, 70112 between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Matthew 
Dooris, Marine Safety Office New Orleans, at (504) 589-4251.

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. Information was made 
available to the Coast Guard in insufficient time to publish an NPRM or 
for publication in the Federal Register 30 days prior to the event. 
Publishing an NPRM and delaying its effective date would be contrary to 
public interest since immediate action is needed to protect vessels and 
mariners from the hazards associated with the weekly upbound and 
downbound transit of the C/S CONQUEST under the Entergy Corporation 
power cable, Lower Mississippi River, mile marker 89.2, above Head of 
Passes, New Orleans, Louisiana.

Background and Purpose

    The Captain of the Port New Orleans is establishing a temporary 
safety zone on the Lower Mississippi River beginning at mile 87.2 and 
ending at mile 91.2, above Head of Passes, extending the entire width 
of the river. This safety zone is needed to protect persons and vessels 
from the potential

[[Page 70314]]

safety hazards associated with the weekly upbound and downbound transit 
of the C/S CONQUEST beneath the Entergy Corporation power cable located 
at mile marker 89.2. The C/S CONQUEST has an air draft of 208 feet and 
will be homeported at the Julia Street Wharf, Lower Mississippi River, 
mile marker 95.3, above Head of Passes, New Orleans, Louisiana. The 
Entergy Corporation power cable is 216.4 feet North American Vertical 
Datum (NAVD) at the center of the Lower Mississippi River and increases 
in height to a maximum of 312.7 feet NAVD on the East bank and a 
maximum of 342.6 feet NAVD on the West bank. As the C/S CONQUEST needs 
an air gap of 14 feet between it and the cable to prevent arcing, the 
vessel must maneuver within 600 feet of the East bank or within 700 
feet of the West bank to safely transit under the Entergy Corporation 
power cable. Vessels transiting this area may restrict the 
maneuverability of the C/S CONQUEST through those safe passage lanes 
and possibly result in harm to life, damage to the cruise ship, the 
power cable, or nearby vessels.
    The safety zone will be enforced from 4:30 a.m. until 5:30 a.m. and 
from 5 p.m. until 6 p.m. on November 12, November 15, November 19, 
November 21, and November 27, 2002. It will also be enforced from 4:30 
a.m. until 5:30 a.m. and from 6:30 p.m. until 7:30 p.m. every Sunday 
between December 1, 2002 and March 2, 2003. Those periods of 
enforcement are based on the advance cruise schedule for the C/S 
CONQUEST and are potentially subject to change. Mariners will be 
advised of the periods the safety zone will be enforced via broadcast 
notice to mariners. Except as described in this rule, entry into the 
zone during the announced enforcement periods is prohibited to all 
vessels unless authorized by the Captain of the Port New Orleans or his 
designated representative. Moored vessels or vessels anchored in a 
designated anchorage area are permitted to remain within the safety 
zone.

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 procedures of DOT is unnecessary. This regulation 
will only affect maritime traffic for short periods of time and 
notifications to the marine community will be made through broadcast 
notice to mariners. The impact on routine navigation is expected to be 
minimal as the zone will only be in effect for a few hours each week.

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. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit the Lower Mississippi River from miles 87.2 to 
91.2 while the C/S CONQUEST is transiting inbound and outbound. This 
safety zone will not have a significant economic impact on a 
substantial number of small entities because this rule will be in 
effect for only a short period of time each week.
    If you are a small business entity and are significantly affected 
by this regulation please contact LTJG Matthew Dooris, Marine Safety 
Office New Orleans, 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 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, so 
we 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

[[Page 70315]]

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 because this rule is not expected to result 
in any significant adverse environmental impact as described in the 
National Environmental Policy Act of 1969 (NEPA). 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, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec.  165.T08-122 is added to read as follows:


Sec.  165.T08-122  Safety Zone; Lower Mississippi River, Miles 87.2 to 
91.2, Above Head of Passes, New Orleans, LA.

    (a) Location. The following area is a safety zone: the waters of 
the Lower Mississippi River, above Head of Passes, beginning at mile 
87.2 and ending at mile 91.2, extending the entire width of the river.
    (b) Effective date. This section is effective from 4:30 a.m. on 
November 12, 2002 until 8 p.m. on March 2, 2003.
    (c) Periods of enforcement. This rule will be enforced from 4:30 
a.m. until 5:30 a.m. and from 5 p.m. until 6 p.m. on November 12, 
November 15, November 19, November 21, and November 27, 2002. It will 
also be enforced from 4:30 a.m. until 5:30 a.m. and from 6:30 p.m. 
until 7:30 p.m. every Sunday between December 1, 2002 and March 2, 
2003. Those periods of enforcement are based on the predicted cruise 
schedule for the C/S CONQUEST and are subject to change. The Captain of 
the Port New Orleans will inform the public via broadcast notice to 
mariners of the enforcement periods for the safety zone.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, except as described in this rule, entry into 
this zone is prohibited unless authorized by the Captain of the Port 
New Orleans or his designated representative.
    (2) The Captain of the Port New Orleans will inform the public via 
broadcast notice to mariners of the enforcement periods for the safety 
zone.
    (3) Moored vessels or vessels anchored in a designated anchorage 
area are permitted to remain within the safety zone.
    (4) Vessels requiring entry into or passage through the zone during 
the enforcement periods must request permission from the Captain of the 
Port New Orleans or his designated representative. The Captain of the 
Port may be contacted via VHF Channel 13 or 16 or by telephone at (504) 
589-6261.
    (5) All persons and vessels shall comply with the instruction 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: November 1, 2002.
R.W. Branch,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 02-29654 Filed 11-21-02; 8:45 am]
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