[Federal Register Volume 68, Number 12 (Friday, January 17, 2003)]
[Rules and Regulations]
[Pages 2451-2454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1009]


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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, Above Head of Passes, Mile 
Marker 88.1 to 90.4, New Orleans, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; change in effective period.

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SUMMARY: The Coast Guard is amending the temporary final rule for the 
safety zone established for the transit of the cruise ship (C/S) 
CONQUEST beneath the Entergy Corporation power cable at mile marker 
89.2 Lower Mississippi River (LMR), published November 22, 2002. These 
amendments reflect knowledge gained from several transits of the C/S 
CONQUEST through this area and generally reduce the size and length of 
time of the zone. We are also extending the effective period of this 
established rule to June 8, 2003. This temporary rule will continue to 
prohibit entry into this zone unless specifically authorized by the 
Captain of the Port, New Orleans or designated representative.

DATES: The amendments to Sec.  165.T08-122 are effective on December 
13, 2002. Section 165.T08-122, added at 67 FR 70315, November 22, 2002 
effective from 4:30 a.m. November 12, 2002, through 8 p.m. March 2, 
2003 is extended and will remain in effect through 11 p.m. on June 8, 
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 
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing an 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.
    The original temporary final rule was immediately required to 
respond to safety concerns associated with the transit of the C/S 
CONQUEST beneath the power cables at mile marker 89.2 LMR. The Coast 
Guard has continued to assess the situation after each transit of the 
vessel and has determined that the size of the zone and length of time 
the zone is enforced can be reduced, lessening the burden on the 
public. In addition, the assessments have revealed the need to have a 
small portion of the New Orleans General Anchorage clear of all vessels 
while the vessel is transiting beneath the power cables. This practice 
was initiated by the local pilots, and the Captain of the Port has 
decided to incorporate it in this rule. Because it is already a 
customary practice, and it is only applicable one day a week for a 
short period of time, this change should not create any additional 
burden for the public. Publishing an NPRM and delaying its effective 
date would be contrary to public interest since immediate action is 
needed to continue to protect vessels and mariners from the hazards 
associated with the weekly upbound and downbound transit of the C/S 
CONQUEST under the power cable crossing.

Background and Purpose

    On November 12, 2002 (67 FR 70313), the Captain of the Port, New 
Orleans established a temporary safety zone from mile 87.2 to 91.2 LMR 
extending the entire width of the river for the transit of the C/S 
CONQUEST beneath the Entergy Corporation power cable located at mile 
89.2 LMR. The C/S CONQUEST is home ported in New Orleans at the Julia 
Street Wharf, mile

[[Page 2452]]

marker 95.3 LMR and has an air draft of 208 feet. The lowest cable at 
Entergy Corporation's Chalmette power cable crossing is 212.6 feet 
North American Vertical Datum (NAVD) at the center of the Lower 
Mississippi River and increases in height to a maximum of 366.4 feet 
NAVD on the East bank and a maximum of 361.1 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 electrical arcing, the vessel must maneuver within 
about 400 to 600 feet of the East bank or within about 400 to 700 feet 
of the West bank to safely transit under Entergy Corporation's 
Chalmette power cable crossing. 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 or damage to the 
cruise ship, the power cable, or nearby vessels.
    The Coast Guard has continued to assess the safety of the C/S 
CONQUEST's transit after each visit. The Captain of the Port, New 
Orleans has had several meetings with the owner of the vessel, Carnival 
Cruise Lines, as well as Entergy, pilot associations, owner's of 
facilities impacted by the safety zone, the New Orleans Port 
Commission, and other representatives of the local maritime industry to 
evaluate the safe transit of the vessel as well as the impact of the 
safety zone on other traffic. All interested parties have worked to 
find short-term solutions to the problems posed by the crossing 
including de-energizing the lowest cables just prior to the transit. A 
long-term solution is anticipated to be complete within 18 months.
    Based on continued evaluation of the transits, the Captain of the 
Port, New Orleans is amending the zone to reduce the size from 4 miles 
in length to 2.3 miles. The safety zone will now begin at mile marker 
88.1, which is the location of the lower end of the Algiers Lock fore 
bay, and end at mile marker 90.4, which is the location of the 
Chalmette Slip and 350 yards upriver of the Belle Chasse Launch 
Service's West Bank Dock. The amount of time the zone is enforced is 
also being reduced from 1 hour prior to the C/S CONQUEST reaching the 
cable crossing to 30 minutes prior. The safety zone will now be 
enforced from approximately 3:15 a.m. until 3:45 a.m., which is one 
half hour before the C/S CONQUEST is scheduled to arrive at the cable 
crossing on its upriver transit until it safely transits underneath the 
crossing, and from approximately 6 p.m. until 6:30 p.m., which is one 
half hour before the C/S CONQUEST is scheduled to arrive at the cable 
crossing on its down bound transit, until it safely transits underneath 
the crossing, every Sunday between December 15, 2002 and June 8, 2003. 
These periods of enforcement are based on the advance cruise schedule 
for the C/S CONQUEST and are subject to change. Mariners will be 
advised of changes to the cruise schedule and periods of safety zone 
enforcement via broadcast notice to mariners.
    The rule is also being amended to prohibit vessels from anchoring 
in the New Orleans Emergency Anchorage or the New Orleans General 
Anchorage below mile marker 90.4, which is the location of Chalmette 
Slip and 350 yards upriver of the Belle Chase Launch Service's West 
Bank Dock. These vessels could restrict the maneuverability of the C/S 
CONQUEST through safe passage lanes and possibly result in harm to life 
or damage to the cruise ship, the power cable, or nearby vessels. 
Vessels anchored within the New Orleans Emergency Anchorage are already 
required by 33 CFR Sec.  110.195 (a)(16) to obtain permission from the 
Captain of Port, New Orleans prior to anchoring. The New Orleans 
General Anchorage is from mile 90.1 to 90.9 LMR with only 0.3 miles of 
the anchorage affected by this amendment. This prohibition is effective 
two hours prior to the arrival and departure of the C/S CONQUEST until 
it safely passes under the crossing.
    Except as described in this rule, all vessels are prohibited from 
entering, anchoring or transiting within the zone during the announced 
enforcement periods unless authorized by the Captain of the Port New 
Orleans or his designated representative, the Vessel Traffic Center 
(VTC). Vessels may request authorization to transit through the safety 
zone by contacting the VTC. Moored vessels 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, 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 under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary. The Coast 
Guard has met with members of local maritime industry including 
Carnival Cruise Lines, Entergy, the New Orleans Port Commission, pilots 
association, owners of water front facilities located within or 
adjacent to the zone as well as agents and shipping companies to 
discuss safety concerns associated with the transit and measures to 
reduce the impact of the safety zone on the local maritime community. 
The original rule and these amendments limit the economic impact of the 
rule.
    This rule will only affect maritime traffic for short periods of 
time. The impact on routine navigation is expected to be minimal as the 
zone will only be in effect for one half hour, twice each week. 
Limiting the zone to one half hour ensures that the zone is not enacted 
before the C/S CONQUEST departs on its downriver voyage. This will help 
to ensure that a delay in the CONQUEST's departure does not impact the 
maritime community. Furthermore, the VTC can permit movements within 
the zone that do not impact the passage of the C/S CONQUEST, further 
limiting the impact of the zone.
    Prior to this amendment, the pilot associations were already 
limiting anchorage in the lower portion of the New Orleans General 
Anchorage to vessels that were expected to be underway prior to C/S 
CONQUEST's transit through this area. Therefore, this amendment should 
not have a negative impact on vessels desiring to use this anchorage. 
Vessels desiring to anchor or remain at anchor within this portion of 
the anchorage may still request permission from the Captain of the 
Port, New Orleans through the VTC to do so.

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 or remain at anchor within the safety zone from 
mile marker 88.1, to mile marker 90.4 LMR, while the C/S CONQUEST is 
transiting this area inbound and outbound. This

[[Page 2453]]

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 one half hour, twice each week. Limiting the zone to 
one half hour ensures that the zone is not enacted before the C/S 
CONQUEST departs on its downriver voyage. This will ensure that a delay 
in the CONQUEST's departure does not impact the maritime community. 
Furthermore, the VTC may permit movements within the zone that do not 
impact the passage of the C/S CONQUEST, further limiting the impact of 
the zone.
    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, we 
do 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 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. Revise temporary Sec.  165.T08-122 to read as follows:


Sec.  165.T08-122  Safety Zone; Lower Mississippi River, Mile Marker 
88.1 to 90.4, Above Head of Passes, New Orleans, LA.

    (a) Location. The following area is a safety zone: the entire width 
of the Lower Mississippi River (LMR), above Head of Passes, beginning 
at mile marker 88.1, which is the location of the lower end of the 
Algiers Lock fore bay, and ending at mile marker 90.4, which is the 
location of the Chalmette Slip and 350 yards upriver of the Belle 
Chasse Launch Service's West Bank Dock.
    (b) Effective date. This section is effective from 4:30 a.m. on 
December 13, 2002 until 11 p.m. on June 8, 2003.
    (c) Periods of enforcement. This rule will be enforced from 3:15 
a.m. until 3:45 a.m. and 6 p.m. to 6:30 p.m. every Sunday between 
December 15, 2002 and June 8, 2003. These 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 designated

[[Page 2454]]

representative, the Vessel Traffic Center (VTC).
    (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) Vessels are prohibited from anchoring in the New Orleans 
Emergency Anchorage or the New Orleans General Anchorage below mile 
marker 90.4, which is the location of Chalmette Slip and 350 yards 
upriver of the Belle Chase Launch Service's West Bank Dock. This 
prohibition is effective two hours prior to the arrival and departure 
of the C/S CONQUEST until it safely passes under the crossing.
    (4) Moored vessels are permitted to remain within the safety zone.
    (5) 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 designated representative, the VTC. They may be 
contacted via VHF Channel 67 or by telephone at (504) 589-2780.
    (6) All persons and vessels shall comply with the instruction of 
the Captain of the Port, New Orleans and designated representatives 
including the VTC 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: December 13, 2002.
R.W. Branch,
Captain, U.S. Coast Guard, Captain of the Port, New Orleans.
[FR Doc. 03-1009 Filed 1-16-03; 8:45 am]
BILLING CODE 4910-15-P