[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65816-65818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26808]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2010-0012]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 moving safety zone extends from bank to 
bank encompassing one-mile ahead and one-mile astern of each 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: This rule is effective December 5, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2010-0012. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander (LCDR) Brandon Sullivan, Sector New 
Orleans, U.S. Coast Guard; telephone 504-365-2280, 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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a Notice of Proposed Rulemaking on May 
17, 2012, in the Federal Register, 77 FR 29254. The Coast Guard 
received one comment. There were no requests for a Public Meeting.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    The Coast Guard is establishing 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 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 higher traffic, the 
reduction of navigable space, and to protect lives, the Coast Guard is 
establishing a moving safety zone around each large cruise ship. This 
rule is intended to establish early passing or overtaking arrangements 
thus increasing the time available for safe maneuvering.

[[Page 65817]]

C. Discussion of Comments, Changes and the Final Rule

    One comment was received which proposed a ship's automatic 
identification system (AIS) or a virtual AIS aid to navigation be 
incorporated into the proposed regulation. Although AIS is an effective 
tool to enhance safe navigation it is not specific to this rule making. 
Therefore, after consideration, the Coast Guard did not see a need to 
alter the regulation.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of these statutes or executive orders.

1. 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The impacts on routine 
navigation are expected to be minimal. The moving safety zones will not 
interfere with a vessel's ability to make passing and overtaking 
arrangements. Routine navigation around and near the safety zones will 
not be impacted. The 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received 0 comments from the Small Business Administration on this 
rule. 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. The 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 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 cruise ship transits.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

[[Page 65818]]

14. Environment

    We have analyzed this 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishing a moving safety zone 1 
mile ahead, 1 mile astern and bank to bank of large cruise ships on the 
Lower Mississippi River. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are 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 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 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. 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.


0
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]52'42'' N, 89[deg]25'54'' 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. As used in this section 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)(3) 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.
    (3) 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.
    (4) 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: July 20, 2012.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2012-26808 Filed 10-30-12; 8:45 am]
BILLING CODE 9110-04-P