[Federal Register: April 22, 2005 (Volume 70, Number 77)]
[Rules and Regulations]
[Page 20811-20813]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap05-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Mobile-04-057]
RIN 1625-AA87
Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent security zones
around all cruise ships while transiting or moored in the Port of
Mobile and Mobile Ship Channel shoreward of the Mobile Sea Buoy. These
security zones are needed to ensure the safety and security of these
vessels. Entry into these zones is prohibited unless specifically
authorized by the Captain of the Port Mobile or a designated
representative.
DATES: This rule is effective at 6 p.m. on May 23, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (COTP Mobile 04-057) and are available for
inspection or copying at Marine Safety Office Mobile, Brookley Complex,
Bldg 102, South Broad Street, Mobile, AL 36615-1390 between 8 a.m. and
4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Maurice York,
Operations Department, Marine Safety Office Mobile, at (251) 441-5940.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 7, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Port of Mobile, Mobile Ship Channel,
Mobile, AL'' in the Federal Register (70 FR 1400). We received no
comments on the proposed rule. No public hearing was requested, and
none was held.
Background and Purpose
On September 11, 2001, both towers of the World Trade Center and
the Pentagon were attacked by terrorists. The President has continued
the national emergencies he declared following those attacks (69 FR
55313 (Sep. 13, 2004) (continuing the emergency declared with respect
to terrorist attacks); 69 FR 56923 (Sep. 22, 2004) (continuing
emergency with respect to persons who commit, threaten to commit or
support terrorism)). The President also has found pursuant to law,
including the Magnuson Act (50 U.S.C. 191 et seq.), that the security
of the United States is and continues to be endangered following the
terrorist attacks (E.O. 13,273, 67 FR 56215 (Sep. 3, 2002) (security of
U.S. endangered by disturbances in international relations of U.S. and
such disturbances continue to endanger such relations)). In response to
these terrorist acts and warnings, heightened awareness for the
security and safety of all vessels, ports, and harbors is necessary.
On November 12, 2004, the Coast Guard published a temporary final
rule entitled ``Security Zone; Port of Mobile, Mobile Ship Channel,
Mobile, AL'' (69 FR 65373). This temporary final rule established
temporary security zones around cruise ships when transiting the Mobile
Ship Channel and Port of Mobile, as well as when moored in the Port of
Mobile. This temporary final rule will expire at 6 p.m. on April 14,
2005. However, due to the increased security concerns surrounding the
transit of cruise ships, the Captain of the Port Mobile is establishing
permanent security zones around all cruise ships while such vessels are
transiting the Mobile Ship Channel or Port of Mobile, and while moored
in the Port of Mobile.
Discussion of Comments and Changes
We received no comments on the proposed rule, and no changes have
been made from the proposed rule.
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).
We expect 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.
These security zones will only be enforced while cruise ships are
located shoreward of the Mobile Sea Buoy, are transiting the Mobile
Ship Channel, and are moored in the Port of Mobile. Once a cruise ship
is moored in the Port of Mobile, the security zone will be reduced to
25 yards. While the cruise ship is moored, other vessels will be able
to safely transit around this zone provided they approach no closer
than 25 yards. Additionally, while a cruise ship is in transit on the
Mobile Ship Channel or in the Port of Mobile, the Captain of the Port
or a designated representative may allow other persons or vessels to
enter into the security zone for the purpose of passing or overtaking a
cruise ship if such persons or vessels obtain permission from the on-
scene Coast Guard representative prior to initiating such action.
Notifications of the enforcement periods of this security zone will
be made to the marine community through broadcast notice to mariners.
The impacts on routine navigation are expected to be minimal.
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.
[[Page 20812]]
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 waters of the Port of Mobile or the Mobile Ship Channel while
cruise ships are shoreward of Mobile Sea Buoy.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (1)
This rule will only be enforced while cruise ships are shoreward of the
Mobile Sea Buoy; (2) Once a cruise ship is moored in the Port of
Mobile, the security zone will be reduced to 25 yards and other vessels
will be able to safely transit around this zone provided they approach
no closer than 25 yards; (3) The Captain of the Port Mobile may permit
vessels to transit through the security zone for the purpose of passing
or overtaking a transiting cruise ship if permission is sought and
obtained from the on-scene Coast Guard representative prior to
initiating such action.
If you are a small business entity and are significantly affected
by this regulation please contact LT Maurice York, Operations
Department, Marine Safety Office Mobile, at (251) 441-5940.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that 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). 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.
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 would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 would not create an
environmental risk to health or risk to safety that might
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 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
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 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 final ``Environmental Analysis Checklist'' 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
[[Page 20813]]
requirements, Security measures, Waterways.
0
For 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. Chapter 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. Add Sec. 165.835 to read as follows:
Sec. 165.835 Security Zone; Port of Mobile, Mobile Ship Channel,
Mobile, AL.
(a) Definition. As used in this section--
Cruise Ship means a passenger vessel over 100 gross tons, carrying
more than 12 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.
This definition covers passenger vessels that must comply with 33 CFR
parts 120 and 128.
(b) Location. The following areas are security zones: all waters of
the Port of Mobile and Mobile Ship Channel--
(1) Within 100 yards of a cruise ship that is transiting shoreward
of the Mobile Sea Buoy (located in approximate position 28[deg]07'50''
N, 88[deg]04'12'' W; NAD 83), and
(2) Within 25 yards of a cruise ship that is moored shoreward of
the Mobile Sea Buoy.
(c) Periods of enforcement. This rule will only be enforced when a
cruise ship is transiting the Mobile Ship Channel shoreward of the
Mobile Sea Buoy, while transiting in the Port of Mobile, or while
moored in the Port of Mobile. The Captain of the Port Mobile or a
designated representative would inform the public through broadcast
notice to mariners of the enforcement periods for the security zone.
(d) Regulations. (1) Under Sec. 165.33 of this part, entry into a
security zone is prohibited unless authorized by the Captain of the
Port Mobile or a designated representative.
(2) While a cruise ship is transiting on the Mobile Ship Channel
shoreward of the Mobile Sea Buoy, and while transiting in the Port of
Mobile, all persons and vessels are prohibited from entering within 100
yards of a cruise ship.
(3) While a cruise ship is moored in the Port of Mobile, all
persons and vessels are prohibited from entering within 25 yards of a
cruise ship.
(4) Persons or vessels that desire to enter into the security zone
for the purpose of passing or overtaking a cruise ship that is in
transit on the Mobile Ship Channel or in the Port of Mobile must
contact the on-scene Coast Guard representative, request permission to
conduct such action, and receive authorization from the on-scene Coast
Guard representative prior to initiating such action. The on-scene
Coast Guard representative may be contacted on VHF-FM channel 16.
(5) All persons and vessels authorized to enter into this security
zone must obey any direction or order of the Captain of the Port or
designated representative. The Captain of the Port Mobile may be
contacted by telephone at (251) 441-5976. The on-scene Coast Guard
representative may be contacted on VHF-FM channel 16.
(6) All persons and vessels shall comply with the instructions of
the Captain of the Port Mobile and designated on-scene U.S. Coast Guard
patrol personnel. On-scene Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
Dated: March 15, 2005.
Steven D. Hardy,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 05-8072 Filed 4-21-05; 8:45 am]
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