[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Proposed Rules]
[Pages 1400-1403]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-379]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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
proposed security zones are needed to ensure the safety and security of
these vessels. Entry into these proposed zones would be prohibited
unless specifically authorized by the Captain of the Port Mobile or a
designated representative.
[[Page 1401]]
DATES: Comments and related material must reach the Coast Guard on or
before February 7, 2005.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Mobile, Brookley Complex, Bldg 102, South Broad Street, Mobile,
AL 36615-1390, Attn: LT Maurice York. Marine Safety Office Mobile
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [COTP
Mobile 04-057], indicate the specific section of this document to which
each comment applies, and give the reason for each comment. Please
submit all comments and related material in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office Mobile at the
address under ADDRESSES explaining why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
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
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 proposing to
establish 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 Proposed Rule
The Captain of the Port Mobile proposes to establish permanent
security zones for the Port of Mobile and Mobile Ship Channel. This
proposed rule would establish security zones that prohibit movement
within 25 yards of all cruise ships while moored in the Port of Mobile,
and would prohibit 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 would be enforced when a cruise ship
transiting inbound passes the Mobile Sea Buoy in approximate position
28[deg]07[min]50[sec] N, 88[deg]04[min]12[sec] 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 would also exist during
each cruise ship's transit outbound of the Port of Mobile and the
Mobile Ship Channel. Enforcement of the security zones would cease once
the cruise ship passes the Mobile Sea Buoy on its outbound voyage.
These proposed security zones are needed to protect the safety of
life, property, and the environment in the area. All vessels would be
prohibited from moving within these zones unless specifically
authorized by the Captain of the Port Mobile, or a designated
representative. Persons or vessels that desire to enter into one of
these proposed 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 would be required to 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 must obey any direction or order of the
Captain of the Port or designated representative.
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.
Regulatory Evaluation
This proposed 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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
These proposed security zones would 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 would be
reduced to 25 yards. While the cruise ship is moored, other vessels
would be able to safely transit around this zone provided they approach
no
[[Page 1402]]
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
would 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would 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 proposed rule zone would not have a significant economic
impact on a substantial number of small entities for the following
reasons: (1) This proposed rule would 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 would be reduced to 25
yards and other vessels would 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 think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this proposed rule would have a significant
economic impact on it, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and how and to what degree this
rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant (LT) Maurice York,
Operations Department, Marine Safety Office Mobile, at (251) 441-5940.
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 proposed rule would call 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 proposed 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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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 proposed 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 proposed 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
[[Page 1403]]
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 proposed 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 draft ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make the final decision on whether the rule should
be categorically excluded from further environmental review.
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 proposes
to amend 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. 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.
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, 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 must 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: December 6, 2004.
Steven D. Hardy,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 05-379 Filed 1-6-05; 8:45 am]
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