[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Proposed Rules]
[Pages 29254-29256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11923]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0012]
RIN 1625-AA00


Safety Zones, Large Cruise Ships; Lower Mississippi River, 
Southwest Pass Sea Buoy to Mile Marker 96.0; New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a moving safety zone 
around large cruise ships as they transit the Lower Mississippi River 
between the Port of New Orleans Cruise Ship Terminal, mile marker 96.0 
and the Southwest Pass Sea Buoy. The proposed moving safety zone 
extends from bank to bank encompassing one-mile ahead and one-mile 
astern of each large cruise ship. This safety measure is necessary to 
protect persons and vessels from the potential safety hazards 
associated with congested maritime traffic on the Lower Mississippi 
River.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 18, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0012 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Lieutenant Commander (LCDR) Marcie L. Kohn, Sector 
New Orleans, Coast Guard; telephone 504-365-2281, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0012), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means as instructed in the 
ADDRESSES section. If you submit a comment online via 
www.regulations.gov, it will be considered received by the Coast Guard 
when you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been received by 
the Coast Guard when it is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0012'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0012'' and click 
``Search'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before June 18, 2012 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact LCDR Marcie L. Kohn at the telephone number or email address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

Basis and Purpose

    The Coast Guard proposes to establish a moving safety zone around 
each large cruise ship as it transits the Lower Mississippi River 
between the Port of New Orleans Cruise Ship Terminal, mile marker 96.0, 
and the Southwest Pass Sea Buoy to address the increasing risk to safe 
navigation. For the purpose of this rule, the term ``large cruise 
ship'' is defined as a vessel over 100 feet in length, carrying more 
than 500 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

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disembarked in the United States or its territories.
    The marine transportation system on the lower Mississippi river has 
seen a sustained growth over the years and there are more vessels on 
the river than ever before. If a marine accident occurs involving a 
large cruise ship there is a significantly higher potential for loss of 
life than with any other type of commercial vessel. Therefore to 
mitigate the risks and consequences associated with the higher traffic, 
the reduction of navigable space, and to protect lives, the Coast Guard 
proposes a moving safety zone around each large cruise ship. This 
proposed rule is intended to establish early passing or overtaking 
arrangements thus increasing the time available for safe maneuvering.

Discussion of Proposed Rule

    Nothing in this proposed rule supersedes the United States Coast 
Guard Navigation Rules. This rule proposes implementing a moving safety 
zone extending from bank to bank, encompassing one-mile ahead and one-
mile astern of each large cruise ship transiting the Lower Mississippi 
River between mile marker 96.0 and the Southwest Pass Sea Buoy. This 
proposed rule is intended to protect persons and vessels from the 
potential safety hazards associated with congested maritime traffic on 
the Lower Mississippi River. All persons or vessels will be prohibited 
from entering this safety zone, with the following exceptions. Moored 
or anchored vessels will be permitted to remain in their current 
positions. Fleet vessels will be permitted to continue operations. 
Permission to enter the safety zone will be obtained by making passing 
arrangements with the pilot on board the large cruise ship. The Captain 
of the Port New Orleans, (COTP) will use broadcast notices to mariners 
to notify vessel operators when the safety zone is in place. The pilot 
onboard the large cruise ship will be authorized to allow other vessels 
to enter the safety zone when necessary.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders. The impacts on 
routine navigation are expected to be minimal. The proposed moving 
safety zones will not interfere with a vessel's ability to make passing 
and overtaking arrangements. Routine navigation around and near the 
proposed safety zones will not be impacted. The proposed moving safety 
zone is intended to enable early notification of passing or overtaking 
arrangements, providing additional time and opportunity to negotiate 
navigational arrangements and to maneuver without causing delay in 
transit for both the large cruise ship and the other vessels operating 
in the area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The proposed moving safety zones are intended 
to enable early notification that passing or overtaking arrangements 
may be necessary, providing additional time and opportunity to 
negotiate navigational arrangements, giving both vessels sufficient 
time to maneuver without causing delay in transit.
    This proposed 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 between mile marker 
96.0, New Orleans, LA and the Southwest Pass Sea Buoy during large 
cruise ship transits.
    If you are a small business entity and are significantly affected 
by this regulation please contact Lieutenant Commander (LCDR) Marcie L. 
Kohn, Sector New Orleans, at 504-365-2281 or email 
[email protected].
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LCDR Marcie L. Kohn. The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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.

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Civil Justice Reform

    This proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
establishing, disestablishing or changing a regulated navigation area 
and as such is categorically excluded, under figure 2-1, paragraph 
(34)(g) of the Instruction. A preliminary ``Environmental Analysis 
Check List'' supporting this determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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 proposes 
to amend 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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.839 to read as follows:


Sec.  165.839  Safety Zone; Large Cruise Ships; 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 safety zones are established around all large cruise ships 
transiting 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 96.0 in New Orleans, 
Louisiana. The moving safety zone extends bank to bank, encompassing 
all waters one-mile ahead and one-mile astern of a large cruise ship. 
The zone remains in effect during the entire transit of the large 
cruise ship.
    (b) Definitions. For the purpose of this rule, the term ``large 
cruise ship'' is defined as a vessel over 100 feet in length, carrying 
more than 500 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.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR Part 165, Subpart C, no person or vessel may enter or remain in 
the Safety Zone except for vessels authorized by the Captain of the 
Port or Designated Representatives, except as provided for in paragraph 
(c)(2) of this section.
    (2) For this section the Pilot directing the movement of the large 
cruise ship under the authority of the master has the authority to 
allow other vessels to enter the safety zone when necessary.
    (2) All vessels are prohibited from entering this safety zone 
unless authorized as follows:
    (i) Vessels that have made suitable passing or overtaking 
arrangements with the pilot onboard the large cruise ship may enter 
into this safety zone in accordance with those agreed upon 
arrangements.
    (ii) Moored vessels or vessels anchored in a designated anchorage 
area may remain in their current moored or anchored position while the 
large cruise ship transits the area.
    (iii) Barge Fleets or vessels working a fleet may continue their 
current operations while the large cruise ship transits the area.
    (3) Vessels requiring a deviation from this rule must request 
permission from the Captain of the Port New Orleans. The Captain of the 
Port New Orleans may be contacted at (504) 365-2210.

    Dated: March 26, 2012.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2012-11923 Filed 5-16-12; 8:45 am]
BILLING CODE 9110-04-P