[Federal Register: April 22, 2005 (Volume 70, Number 77)]
[Rules and Regulations]
[Page 20813-20816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap05-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Mobile-05-007]
RIN 1625-AA87
Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary 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 from 6 p.m. on April 14, 2005, through
May 23, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Mobile-05-007] 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 November 12, 2004, the Coast Guard published a temporary final
rule (TFR) entitled ``Security Zone; Port of Mobile, Mobile Ship
Channel, Mobile, AL'' (69 FR 65373). This temporary final rule will
expire at 6 p.m. on April 14, 2005. On January 7, 2005, we published a
notice of proposed rulemaking (NPRM) entitled ``Security Zone; Port of
Mobile, Mobile Ship Channel, Mobile, AL'' (70 FR 1400). We received no
letters commenting on the proposed rule. No public hearing was
requested, and none was held. That final rule is being published
elsewhere in this same issue of the Federal Register and will become
effective on May 23, 2005.
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. It took longer to resolve issues
related to the final rule than we expected at the time we issued the
last TFR. Because the current TFR expires at 6 p.m. on April 14, 2005,
this new TFR is necessary because it would be contrary to public
interest not to maintain a security zone around transiting cruise ships
in the Mobile Ship Channel or Port of Mobile until the final rule
becomes effective on May 23, 2005, at which time this temporary rule
will be removed.
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
[[Page 20814]]
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.
Due to the increased security concerns surrounding the transit of
cruise ships, the Captain of the Port Mobile is establishing temporary
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 Rule
This temporary final rule is identical to the previous rule
published in the Federal Register on November 12, 2004 (69 FR 65373).
The Coast Guard was unable to publish an extension to this rule.
However, the practical effect of this new temporary final rule is the
same and continues the security zone currently in effect.
The Coast Guard is establishing temporary security zones for the
Port of Mobile and Mobile Ship channel. This rule establishes security
zones that prohibits movement within 25 yards of all cruise ships while
moored in the Port of Mobile, and prohibits movement within 100 yards
of any cruise ship while transiting the Mobile Ship Channel or the Port
of Mobile. For the purpose of this rule the term ``cruise ship'' is
defined as 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.
These security zones will be enforced when a cruise ship transiting
inbound passes the Mobile Sea Buoy in approximate position
28[deg]07'50'' N, 88[deg]04'12'' W, at all times during transit through
the Mobile Ship Channel and Port of Mobile, and while moored in the
Port of Mobile. A security zone will exist during each cruise ship's
transit outbound the Port of Mobile and the Mobile Ship Channel.
Enforcement of these security zones will cease once the cruise ship
passes the Mobile Sea Buoy on its outbound voyage.
These security zones are needed to protect the safety of life,
property and the environment in the area. All vessels are prohibited
from moving within these zones unless specifically authorized by the
Captain of the Port Mobile, or a designated representative.
Persons on vessels that desire to enter into one of these security
zones 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. All
persons and vessels authorized to enter into a security zone shall obey
any direction or order of the Captain of the Port or designated
representative.
The Captain of the Port Mobile or a designated representative will
inform the public through broadcast notice to mariners of the
enforcement periods for these security zones.
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).
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
only 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 these security zones
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.
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 for the reasons enumerated under the Regulatory Evaluation
section of this rule.
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 (Public Law 104-121), we offered to assist small
entities in understanding the rule so they may 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
[[Page 20815]]
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 this rule 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 expenditure, we do
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.
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'' will be available for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Ppart 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. 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. A new Sec. 165.T08-037 is added to read as follows:
Sec. 165.T08-037 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) Effective period. This section is effective from 6 p.m. on
April 14, 2005, through May 23, 2005.
(d) 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.
(e) Regulations. (1) In accordance with the general regulations in
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
[[Page 20816]]
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 shall 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 U.S. Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
Dated: April 12, 2005.
J.D. Bjostad,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 05-8073 Filed 4-21-05; 8:45 am]
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