[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Rules and Regulations]
[Page 70313-70315]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-4]
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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, Miles 87.2 to 91.2, Above
Head of Passes, New Orleans, LA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Lower Mississippi River beginning at mile 87.2 and ending at mile
91.2, 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 cruise ship (C/S) CONQUEST beneath the Entergy
Corporation power cable located at mile marker 89.2. Entry into this
zone is prohibited unless specifically authorized by the Captain of the
Port New Orleans or his designated representative.
DATES: This rule is effective from 4:30 a.m. on November 12, 2002 until
8 p.m. on March 2, 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
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a 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. Information was made
available to the Coast Guard in insufficient time to publish an NPRM or
for publication in the Federal Register 30 days prior to the event.
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, 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 Lower Mississippi River beginning at mile 87.2 and
ending at mile 91.2, above Head of Passes, extending the entire width
of the river. This safety zone is needed to protect persons and vessels
from the potential
[[Page 70314]]
safety hazards associated with the weekly upbound and downbound transit
of the C/S CONQUEST beneath the Entergy Corporation power cable located
at mile marker 89.2. The C/S CONQUEST has an air draft of 208 feet and
will be homeported at the Julia Street Wharf, Lower Mississippi River,
mile marker 95.3, above Head of Passes, New Orleans, Louisiana. The
Entergy Corporation power cable is 216.4 feet North American Vertical
Datum (NAVD) at the center of the Lower Mississippi River and increases
in height to a maximum of 312.7 feet NAVD on the East bank and a
maximum of 342.6 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 600 feet of the East bank or within 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, damage to the cruise ship, the
power cable, or nearby vessels.
The safety zone will be enforced from 4:30 a.m. until 5:30 a.m. and
from 5 p.m. until 6 p.m. on November 12, November 15, November 19,
November 21, and November 27, 2002. It will also be enforced from 4:30
a.m. until 5:30 a.m. and from 6:30 p.m. until 7:30 p.m. every Sunday
between December 1, 2002 and March 2, 2003. Those periods of
enforcement are based on the advance cruise schedule for the C/S
CONQUEST and are potentially subject to change. Mariners will be
advised of the periods the safety zone will be enforced via broadcast
notice to mariners. Except as described in this rule, entry into the
zone during the announced enforcement periods is prohibited to all
vessels unless authorized by the Captain of the Port New Orleans or his
designated representative. Moored vessels or vessels anchored in a
designated anchorage area 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 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 procedures of DOT is unnecessary. This regulation
will only affect maritime traffic for short periods of time and
notifications to the marine community will be made through broadcast
notice to mariners. The impact on routine navigation is expected to be
minimal as the zone will only be in effect for a few hours each week.
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 the Lower Mississippi River from miles 87.2 to
91.2 while the C/S CONQUEST is transiting inbound and outbound. 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 a short period of time each week.
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, so
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
[[Page 70315]]
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. A new temporary Sec. 165.T08-122 is added to read as follows:
Sec. 165.T08-122 Safety Zone; Lower Mississippi River, Miles 87.2 to
91.2, Above Head of Passes, New Orleans, LA.
(a) Location. The following area is a safety zone: the waters of
the Lower Mississippi River, above Head of Passes, beginning at mile
87.2 and ending at mile 91.2, extending the entire width of the river.
(b) Effective date. This section is effective from 4:30 a.m. on
November 12, 2002 until 8 p.m. on March 2, 2003.
(c) Periods of enforcement. This rule will be enforced from 4:30
a.m. until 5:30 a.m. and from 5 p.m. until 6 p.m. on November 12,
November 15, November 19, November 21, and November 27, 2002. It will
also be enforced from 4:30 a.m. until 5:30 a.m. and from 6:30 p.m.
until 7:30 p.m. every Sunday between December 1, 2002 and March 2,
2003. Those 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 his 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) Moored vessels or vessels anchored in a designated anchorage
area are permitted to remain within the safety zone.
(4) 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 his designated representative. The Captain of the
Port may be contacted via VHF Channel 13 or 16 or by telephone at (504)
589-6261.
(5) All persons and vessels shall comply with the instruction of
the Captain of the Port New Orleans 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: November 1, 2002.
R.W. Branch,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 02-29654 Filed 11-21-02; 8:45 am]
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