[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Rules and Regulations]
[Pages 49356-49359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21090]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP New Orleans-03-024]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Above Head of Passes, Mile 
Marker 88.1 to 90.4, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Lower Mississippi River (LMR), beginning at mile marker 88.1 and 
ending at mile marker 90.4, 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 C/S CONQUEST beneath the Entergy 
Corporation power cables located at mile marker 89.2, LMR. Entry into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port New Orleans or a designated representative.

[[Page 49357]]


DATES: This rule is effective from 4 a.m. on July 12, 2003 until 8 p.m. 
on January 11, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP New Orleans-03-024] 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 (LT) James Fogle, Marine 
Safety Office New Orleans, at (504) 589-4222.

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. 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 (LMR), 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 LMR beginning at mile 88.1 and ending at 90.4, 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 
C/S CONQUEST beneath the Entergy Corporation power cable located at 
mile 89.2 LMR. The C/S CONQUEST has an air draft of 208 feet and is 
home ported in New Orleans at the Julia Street Wharf, LMR, mile marker 
95.3, Above Head of Passes, New Orleans, Louisiana. The Entergy 
Corporation power cable 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 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 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 or damage to the 
cruise ship, the power cable, or nearby vessels.
    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 July 12, 2003 and January 11, 
2004. 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.
    The rule also prohibits 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 Chasse 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 temporary final rule. This prohibition is effective 
two hours prior to the arrival and departure of the C/S CONQUEST or 
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 a designated representative. Vessels may request 
authorization to transit through the safety zone by contacting the 
Captain of the Port New Orleans or a designated representative. 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 Homeland 
Security (DHS). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under the 
regulatory policies and procedures of DHS 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.
    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 two hours, twice each week. 
Furthermore, the Captain of the Port New Orleans or a designated 
representative may permit movements within the zone that do not impact 
the passage of the C/S CONQUEST, further limiting the impact of the 
zone.

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 upbound and downbound. 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 one hour, twice each week. 
Furthermore, the Captain of the Port New Orleans or a designated 
representative may permit movements within the zone that do not impact 
the passage of the C/S CONQUEST, further limiting the impact of the 
zone.

[[Page 49358]]

    If you are a small business entity and are significantly affected 
by this regulation please contact LT James Fogle, Marine Safety Office 
New Orleans, at (504) 589-4222.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
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, Waterways.


0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 701; 50 U.S.C. 701; 
50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Revise temporary Sec.  165.T08-090 to read as follows:


Sec.  165.T08-090  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 a.m. on July 
12, 2003 until 8 p.m. on January 11, 2004.
    (c) Periods of enforcement. This section 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 July 
12, 2003 and January 11, 2004. 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 a 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) 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 Chasse Launch Service's West Bank Dock. This 
prohibition is effective

[[Page 49359]]

two hours prior to the arrival and departure of the C/S CONQUEST or 
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 representatives including the VTC and 
designated on-scene U.S. Coast Guard patrol personnel. The VTC may be 
contacted via VHF Channel 67 or by telephone at (504) 589-2780. On-
scene U.S. Coast Guard patrol personnel may be contacted via VHF 
Channel 67.
    (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: July 12, 2003.
Ronald W. Branch,
Captain, U.S. Coast Guard, Captain of the Port, New Orleans.
[FR Doc. 03-21090 Filed 8-15-03; 8:45 am]
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