[Federal Register: August 18, 2003 (Volume 68, Number 159)]
[Rules and Regulations]
[Page 49356-49359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au03-20]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP New Orleans-03-024]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Above Head of Passes, Mile
Marker 88.1 to 90.4, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Lower Mississippi River (LMR), beginning at mile marker 88.1 and
ending at mile marker 90.4, 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 C/S CONQUEST beneath the Entergy
Corporation power cables located at mile marker 89.2, LMR. Entry into
this zone is prohibited unless specifically authorized by the Captain
of the Port New Orleans or a designated representative.
[[Page 49357]]
DATES: This rule is effective from 4 a.m. on July 12, 2003 until 8 p.m.
on January 11, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [COTP New Orleans-03-024] 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 (LT) James Fogle, Marine
Safety Office New Orleans, at (504) 589-4222.
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. 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 (LMR), 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 LMR beginning at mile 88.1 and ending at 90.4, 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
C/S CONQUEST beneath the Entergy Corporation power cable located at
mile 89.2 LMR. The C/S CONQUEST has an air draft of 208 feet and is
home ported in New Orleans at the Julia Street Wharf, LMR, mile marker
95.3, Above Head of Passes, New Orleans, Louisiana. The Entergy
Corporation power cable 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 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 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 or damage to the
cruise ship, the power cable, or nearby vessels.
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 July 12, 2003 and January 11,
2004. 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.
The rule also prohibits 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 Chasse 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 temporary final rule. This prohibition is effective
two hours prior to the arrival and departure of the C/S CONQUEST or
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 a designated representative. Vessels may request
authorization to transit through the safety zone by contacting the
Captain of the Port New Orleans or a designated representative. 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 Homeland
Security (DHS). The Coast Guard expects 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. 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.
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 two hours, twice each week.
Furthermore, the Captain of the Port New Orleans or a designated
representative may permit movements within the zone that do not impact
the passage of the C/S CONQUEST, further limiting the impact of the
zone.
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 upbound and downbound. 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 one hour, twice each week.
Furthermore, the Captain of the Port New Orleans or a designated
representative may permit movements within the zone that do not impact
the passage of the C/S CONQUEST, further limiting the impact of the
zone.
[[Page 49358]]
If you are a small business entity and are significantly affected
by this regulation please contact LT James Fogle, Marine Safety Office
New Orleans, at (504) 589-4222.
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. 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.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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. A final ``Environmental Analysis Check
List'' 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 requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. 701; 50 U.S.C. 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. Revise temporary Sec. 165.T08-090 to read as follows:
Sec. 165.T08-090 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 a.m. on July
12, 2003 until 8 p.m. on January 11, 2004.
(c) Periods of enforcement. This section 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 July
12, 2003 and January 11, 2004. 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 a 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) 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 Chasse Launch Service's West Bank Dock. This
prohibition is effective
[[Page 49359]]
two hours prior to the arrival and departure of the C/S CONQUEST or
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 representatives including the VTC and
designated on-scene U.S. Coast Guard patrol personnel. The VTC may be
contacted via VHF Channel 67 or by telephone at (504) 589-2780. On-
scene U.S. Coast Guard patrol personnel may be contacted via VHF
Channel 67.
(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: July 12, 2003.
Ronald W. Branch,
Captain, U.S. Coast Guard, Captain of the Port, New Orleans.
[FR Doc. 03-21090 Filed 8-15-03; 8:45 am]
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