[Federal Register: January 17, 2003 (Volume 68, Number 12)]
[Rules and Regulations]
[Page 2451-2454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja03-9]
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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, Above Head of Passes, Mile
Marker 88.1 to 90.4, New Orleans, LA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; change in effective period.
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SUMMARY: The Coast Guard is amending the temporary final rule for the
safety zone established for the transit of the cruise ship (C/S)
CONQUEST beneath the Entergy Corporation power cable at mile marker
89.2 Lower Mississippi River (LMR), published November 22, 2002. These
amendments reflect knowledge gained from several transits of the C/S
CONQUEST through this area and generally reduce the size and length of
time of the zone. We are also extending the effective period of this
established rule to June 8, 2003. This temporary rule will continue to
prohibit entry into this zone unless specifically authorized by the
Captain of the Port, New Orleans or designated representative.
DATES: The amendments to Sec. 165.T08-122 are effective on December
13, 2002. Section 165.T08-122, added at 67 FR 70315, November 22, 2002
effective from 4:30 a.m. November 12, 2002, through 8 p.m. March 2,
2003 is extended and will remain in effect through 11 p.m. on June 8,
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
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.
The original temporary final rule was immediately required to
respond to safety concerns associated with the transit of the C/S
CONQUEST beneath the power cables at mile marker 89.2 LMR. The Coast
Guard has continued to assess the situation after each transit of the
vessel and has determined that the size of the zone and length of time
the zone is enforced can be reduced, lessening the burden on the
public. In addition, the assessments have revealed the need to have a
small portion of the New Orleans General Anchorage clear of all vessels
while the vessel is transiting beneath the power cables. This practice
was initiated by the local pilots, and the Captain of the Port has
decided to incorporate it in this rule. Because it is already a
customary practice, and it is only applicable one day a week for a
short period of time, this change should not create any additional
burden for the public. Publishing an NPRM and delaying its effective
date would be contrary to public interest since immediate action is
needed to continue to protect vessels and mariners from the hazards
associated with the weekly upbound and downbound transit of the C/S
CONQUEST under the power cable crossing.
Background and Purpose
On November 12, 2002 (67 FR 70313), the Captain of the Port, New
Orleans established a temporary safety zone from mile 87.2 to 91.2 LMR
extending the entire width of the river for the transit of the C/S
CONQUEST beneath the Entergy Corporation power cable located at mile
89.2 LMR. The C/S CONQUEST is home ported in New Orleans at the Julia
Street Wharf, mile
[[Page 2452]]
marker 95.3 LMR and has an air draft of 208 feet. The lowest cable at
Entergy Corporation's Chalmette power cable crossing 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 electrical 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 Entergy Corporation's
Chalmette power cable crossing. 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.
The Coast Guard has continued to assess the safety of the C/S
CONQUEST's transit after each visit. The Captain of the Port, New
Orleans has had several meetings with the owner of the vessel, Carnival
Cruise Lines, as well as Entergy, pilot associations, owner's of
facilities impacted by the safety zone, the New Orleans Port
Commission, and other representatives of the local maritime industry to
evaluate the safe transit of the vessel as well as the impact of the
safety zone on other traffic. All interested parties have worked to
find short-term solutions to the problems posed by the crossing
including de-energizing the lowest cables just prior to the transit. A
long-term solution is anticipated to be complete within 18 months.
Based on continued evaluation of the transits, the Captain of the
Port, New Orleans is amending the zone to reduce the size from 4 miles
in length to 2.3 miles. The safety zone will now begin at mile marker
88.1, which is the location of the lower end of the Algiers Lock fore
bay, and end 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. The amount of time the zone is enforced is
also being reduced from 1 hour prior to the C/S CONQUEST reaching the
cable crossing to 30 minutes prior. The safety zone will now be
enforced from approximately 3:15 a.m. until 3:45 a.m., which is one
half hour before the C/S CONQUEST is scheduled to arrive at the cable
crossing on its upriver transit until it safely transits underneath the
crossing, and from approximately 6 p.m. until 6:30 p.m., which is one
half hour before the C/S CONQUEST is scheduled to arrive at the cable
crossing on its down bound transit, until it safely transits underneath
the crossing, every Sunday between December 15, 2002 and June 8, 2003.
These periods of enforcement are based on the advance cruise schedule
for the C/S CONQUEST and are subject to change. Mariners will be
advised of changes to the cruise schedule and periods of safety zone
enforcement via broadcast notice to mariners.
The rule is also being amended to prohibit 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 Chase 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 amendment. This prohibition is effective
two hours prior to the arrival and departure of the C/S CONQUEST 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 his designated representative, the Vessel Traffic Center
(VTC). Vessels may request authorization to transit through the safety
zone by contacting the VTC. 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 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 and procedures of DOT 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.
The original rule and these amendments limit the economic impact of the
rule.
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 one half hour, twice each week.
Limiting the zone to one half hour ensures that the zone is not enacted
before the C/S CONQUEST departs on its downriver voyage. This will help
to ensure that a delay in the CONQUEST's departure does not impact the
maritime community. Furthermore, the VTC can permit movements within
the zone that do not impact the passage of the C/S CONQUEST, further
limiting the impact of the zone.
Prior to this amendment, the pilot associations were already
limiting anchorage in the lower portion of the New Orleans General
Anchorage to vessels that were expected to be underway prior to C/S
CONQUEST's transit through this area. Therefore, this amendment should
not have a negative impact on vessels desiring to use this anchorage.
Vessels desiring to anchor or remain at anchor within this portion of
the anchorage may still request permission from the Captain of the
Port, New Orleans through the VTC to do so.
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 inbound and outbound. This
[[Page 2453]]
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 half hour, twice each week. Limiting the zone to
one half hour ensures that the zone is not enacted before the C/S
CONQUEST departs on its downriver voyage. This will ensure that a delay
in the CONQUEST's departure does not impact the maritime community.
Furthermore, the VTC may permit movements within the zone that do not
impact the passage of the C/S CONQUEST, further limiting the impact of
the zone.
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, 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. 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. Revise temporary Sec. 165.T08-122 to read as follows:
Sec. 165.T08-122 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 4:30 a.m. on
December 13, 2002 until 11 p.m. on June 8, 2003.
(c) Periods of enforcement. 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
December 15, 2002 and June 8, 2003. 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 designated
[[Page 2454]]
representative, the Vessel Traffic Center (VTC).
(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 Chase Launch Service's West Bank Dock. This
prohibition is effective two hours prior to the arrival and departure
of the C/S CONQUEST 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 representative, the VTC. They may be
contacted via VHF Channel 67 or by telephone at (504) 589-2780.
(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: December 13, 2002.
R.W. Branch,
Captain, U.S. Coast Guard, Captain of the Port, New Orleans.
[FR Doc. 03-1009 Filed 1-16-03; 8:45 am]
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