[Federal Register Volume 70, Number 77 (Friday, April 22, 2005)]
[Rules and Regulations]
[Pages 20811-20813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8072]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Mobile-04-057]
RIN 1625-AA87


Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent security zones 
around all cruise ships while transiting or moored in the Port of 
Mobile and Mobile Ship Channel shoreward of the Mobile Sea Buoy. These 
security zones are needed to ensure the safety and security of these 
vessels. Entry into these zones is prohibited unless specifically 
authorized by the Captain of the Port Mobile or a designated 
representative.

DATES: This rule is effective at 6 p.m. on May 23, 2005.

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 docket (COTP Mobile 04-057) and are available for 
inspection or copying at Marine Safety Office Mobile, Brookley Complex, 
Bldg 102, South Broad Street, Mobile, AL 36615-1390 between 8 a.m. and 
4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Maurice York, 
Operations Department, Marine Safety Office Mobile, at (251) 441-5940.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 7, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Port of Mobile, Mobile Ship Channel, 
Mobile, AL'' in the Federal Register (70 FR 1400). We received no 
comments on the proposed rule. No public hearing was requested, and 
none was held.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. The President has continued 
the national emergencies he declared following those attacks (69 FR 
55313 (Sep. 13, 2004) (continuing the emergency declared with respect 
to terrorist attacks); 69 FR 56923 (Sep. 22, 2004) (continuing 
emergency with respect to persons who commit, threaten to commit or 
support terrorism)). The President also has found pursuant to law, 
including the Magnuson Act (50 U.S.C. 191 et seq.), that the security 
of the United States is and continues to be endangered following the 
terrorist attacks (E.O. 13,273, 67 FR 56215 (Sep. 3, 2002) (security of 
U.S. endangered by disturbances in international relations of U.S. and 
such disturbances continue to endanger such relations)). In response to 
these terrorist acts and warnings, heightened awareness for the 
security and safety of all vessels, ports, and harbors is necessary.
    On November 12, 2004, the Coast Guard published a temporary final 
rule entitled ``Security Zone; Port of Mobile, Mobile Ship Channel, 
Mobile, AL'' (69 FR 65373). This temporary final rule established 
temporary security zones around cruise ships when transiting the Mobile 
Ship Channel and Port of Mobile, as well as when moored in the Port of 
Mobile. This temporary final rule will expire at 6 p.m. on April 14, 
2005. However, due to the increased security concerns surrounding the 
transit of cruise ships, the Captain of the Port Mobile is establishing 
permanent security zones around all cruise ships while such vessels are 
transiting the Mobile Ship Channel or Port of Mobile, and while moored 
in the Port of Mobile.

Discussion of Comments and Changes

    We received no comments on the proposed rule, and no changes have 
been made from the proposed rule.

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).
    We expect 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.
    These security zones will only be enforced while cruise ships are 
located shoreward of the Mobile Sea Buoy, are transiting the Mobile 
Ship Channel, and are moored in the Port of Mobile. Once a cruise ship 
is moored in the Port of Mobile, the security zone will be reduced to 
25 yards. While the cruise ship is moored, other vessels will be able 
to safely transit around this zone provided they approach no closer 
than 25 yards. Additionally, while a cruise ship is in transit on the 
Mobile Ship Channel or in the Port of Mobile, the Captain of the Port 
or a designated representative may allow other persons or vessels to 
enter into the security zone for the purpose of passing or overtaking a 
cruise ship if such persons or vessels obtain permission from the on-
scene Coast Guard representative prior to initiating such action.
    Notifications of the enforcement periods of this security zone will 
be made to the marine community through broadcast notice to mariners. 
The impacts on routine navigation are expected to be minimal.

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.

[[Page 20812]]

    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 waters of the Port of Mobile or the Mobile Ship Channel while 
cruise ships are shoreward of Mobile Sea Buoy.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (1) 
This rule will only be enforced while cruise ships are shoreward of the 
Mobile Sea Buoy; (2) Once a cruise ship is moored in the Port of 
Mobile, the security zone will be reduced to 25 yards and other vessels 
will be able to safely transit around this zone provided they approach 
no closer than 25 yards; (3) The Captain of the Port Mobile may permit 
vessels to transit through the security zone for the purpose of passing 
or overtaking a transiting cruise ship if permission is sought and 
obtained from the on-scene Coast Guard representative prior to 
initiating such action.
    If you are a small business entity and are significantly affected 
by this regulation please contact LT Maurice York, Operations 
Department, Marine Safety Office Mobile, at (251) 441-5940.

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 rule so that 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 would not result in such 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 would 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
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 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 final ``Environmental Analysis Checklist'' 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

[[Page 20813]]

requirements, Security measures, Waterways.

0
For 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. Chapter 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. Add Sec.  165.835 to read as follows:


Sec.  165.835  Security Zone; Port of Mobile, Mobile Ship Channel, 
Mobile, AL.

    (a) Definition. As used in this section--
    Cruise Ship means 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.
    (b) Location. The following areas are security zones: all waters of 
the Port of Mobile and Mobile Ship Channel--
    (1) Within 100 yards of a cruise ship that is transiting shoreward 
of the Mobile Sea Buoy (located in approximate position 28[deg]07'50'' 
N, 88[deg]04'12'' W; NAD 83), and
    (2) Within 25 yards of a cruise ship that is moored shoreward of 
the Mobile Sea Buoy.
    (c) Periods of enforcement. This rule will only be enforced when a 
cruise ship is transiting the Mobile Ship Channel shoreward of the 
Mobile Sea Buoy, while transiting in the Port of Mobile, or while 
moored in the Port of Mobile. The Captain of the Port Mobile or a 
designated representative would inform the public through broadcast 
notice to mariners of the enforcement periods for the security zone.
    (d) Regulations. (1) Under Sec.  165.33 of this part, entry into a 
security zone is prohibited unless authorized by the Captain of the 
Port Mobile or a designated representative.
    (2) While a cruise ship is transiting on the Mobile Ship Channel 
shoreward of the Mobile Sea Buoy, and while transiting in the Port of 
Mobile, all persons and vessels are prohibited from entering within 100 
yards of a cruise ship.
    (3) While a cruise ship is moored in the Port of Mobile, all 
persons and vessels are prohibited from entering within 25 yards of a 
cruise ship.
    (4) Persons or vessels that desire to enter into the security zone 
for the purpose of passing or overtaking a cruise ship that is in 
transit on the Mobile Ship Channel or in the Port of Mobile must 
contact the on-scene Coast Guard representative, request permission to 
conduct such action, and receive authorization from the on-scene Coast 
Guard representative prior to initiating such action. The on-scene 
Coast Guard representative may be contacted on VHF-FM channel 16.
    (5) All persons and vessels authorized to enter into this security 
zone must obey any direction or order of the Captain of the Port or 
designated representative. The Captain of the Port Mobile may be 
contacted by telephone at (251) 441-5976. The on-scene Coast Guard 
representative may be contacted on VHF-FM channel 16.
    (6) All persons and vessels shall comply with the instructions of 
the Captain of the Port Mobile and designated on-scene U.S. Coast Guard 
patrol personnel. On-scene Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.

    Dated: March 15, 2005.
Steven D. Hardy,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 05-8072 Filed 4-21-05; 8:45 am]
BILLING CODE 4910-15-P