[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Rules and Regulations]
[Pages 261-263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31559]
[[Page 261]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1078]
RIN 1625-AA87
Moving Security Zone Around Escorted Vessels on the Lower
Mississippi River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Captain of the Port of New Orleans (COTP New Orleans) is
establishing a Moving Security Zone on the Mississippi river, mile
marker 88.0 through mile marker 106.0, extending 300 yards on all sides
of vessels being escorted by one or more Coast Guard assets or other
federal, state, or local law enforcement agency assets. A vessel may
request permission of the COTP New Orleans or the on-scene Coast Guard
or enforcement agency asset to enter the security zone, and if
permitted, must proceed at the minimum safe speed and must comply with
the orders of the COTP New Orleans or the on-scene asset. The COTP New
Orleans will inform the public of the existence or status of the
security zones around escorted vessels in the regulated area by Marine
Safety Information Bulletins or Broadcast Notice to Mariners. This
moving security zone is necessary to protect vessels deemed to be in
need of escort protection by the COTP New Orleans for security reasons.
DATES: This rule is effective from January 1, 2013, through March 31,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1078]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) Kenneth Blair, Sector New
Orleans, U.S. Coast Guard; telephone (504) 365-2392, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS--Department of Homeland Security
FR--Federal Register
NPRM--Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Based on a risk evaluation conducted on
December 4, 2012, the Coast Guard has decided that a moving security
zone regulation is required from on or about January 1 until March 31,
2013. This security zone is required to protect escorted vessels and
personnel from destruction, loss, or injury from sabotage or other
subversive acts, accidents, or other causes of similar nature. The NPRM
process would unnecessarily delay the effective dates and would be
contrary to public interest by delaying or foregoing the necessary
protections required for the escorted vessels and personnel.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This temporary final rule is
needed to protect escorted vessels and personnel from destruction,
loss, or injury from sabotage or other subversive acts, accidents, or
other causes of a similar nature. The 30-day notice period would be
impracticable and unnecessarily delay the effective dates and
protections required for these escorted vessels and personnel.
B. Basis and Purpose
The purpose of this rule is to provide enhanced protection of
escorted vessels on a portion of the Lower Mississippi River between
January and April 2013. Certain vessels, including high capacity
passenger vessels, vessels carrying certain dangerous cargoes as
defined in 33 CFR part 60, tank vessels constructed to carry oil or
hazardous materials in bulk, and vessels carrying liquefied hazardous
gas as defined in 33 CFR part 127 have been deemed by the COTP New
Orleans to require escort protection during transit between mile marker
88.0 and mile marker 106.0 of the Lower Mississippi River, between
January and April, 2013. Establishment of a moving security zone allows
the Coast Guard to provide enhanced security of escorted vessels during
transit, thereby protecting the escorted vessels and the public from
destruction, loss, or injury from sabotage or other subversive acts,
accidents, or other causes of similar nature. When considering this
rule the Coast Guard considered the alternative option of vessel
traffic restrictions during the transit of vessels deemed in need of
escorts. We determined that establishment of a moving security zone
provides for enhanced protection of escorted vessels while causing
little if any disruption to other routine navigation since most vessels
will be allowed to transit within the outer 250 yards of the security
zone once a deviation to the rule is requested and granted.
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
C. Discussion of the Final Rule
The Coast Guard is establishing moving security zones for escorted
vessels to protect the escorted vessels and personnel. While this rule
is effective, when an escorted vessel is transiting between miles 88
and 106 on the Lower Mississippi River, there will be a 300-yard
security zone around the escorted vessel. The COTP New Orleans may
permit persons and vessels to transit through the security zone at a
minimum safe speed, so long as no vessel or person enters within the
50-yard portion of the security zone closest to the vessel. Permission
to enter the security zone may be requested from the COTP New Orleans
through the on-scene Coast Guard or enforcement agency asset, via VHF-
FM Ch.12, VHF-FM Ch. 67, or the Coast Guard Vessel Traffic Center at
(504) 365-2330. The COTP New Orleans will inform the public of the
existence or status of the security zones around escorted vessels in
the regulated area by Marine Safety Information Bulletins or Broadcast
Notice to Mariners. Coast Guard assets
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or other Federal, State or local law enforcement agency assets will be
clearly identified by lights, vessel markings, or with agency insignia.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). The impact of this security zone
will be minimal as the zone will only be enforced for short periods of
time while escorted vessels transit through an 18-mile stretch of the
Lower Mississippi River. Other vessel traffic on the river will be able
to transit through the outer 250 yards of the security zone with the
permission of the COTP. Additionally, the security zone location is
within the New Orleans Harbor Vessel Service Area that requires vessels
transiting to check in when entering the area or when departing berth.
This pre-existing check in requirement will assist in granting early
permission for deviation from the rule allowing vessels to pass through
the zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 and operators of vessels intending to
transit in the vicinity of mile marker 88.0 through mile marker 106.0
of the Lower Mississippi River, extending 300 yards in all directions
of an escorted vessel. This security zone would not have a significant
economic impact on a substantial number of small entities for the
following reasons. This security zone would be activated, and thus
subject to enforcement, for only those times when a vessel is under
escort. The security zone location is within the New Orleans Harbor
Vessel Service Area that requires vessels transiting to check in when
entering the area or when departing berth. This pre-existing check in
requirement will assist in granting early permission for deviation from
the rule allowing vessels to pass through the zone. Although the safety
zone would apply 300 yards around the escorted vessel and encompass
almost the entire width of the river, traffic would be allowed to pass
through the zone with the permission of the Captain of the Port. Before
the activation of the zone, we would issue maritime advisories widely
available to users of the river.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
7. 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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
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Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a moving security
zone around escorted vessels. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
E. 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.06-1, 6.05-6 and 160.5; Pub. L.
107-295, 116 stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T08-1078 to read as follows:
Sec. 165.T08-1078 Moving Security Zone around escorted vessels on the
Lower Mississippi River.
(a) Location. The following areas are security zones: Navigable
waters of the Lower Mississippi River, from mile marker 88.0 to mile
marker 106.0, extending 300 yards in all directions of escorted
vessels. Escorted vessels will be escorted by one or more Coast Guard
assets or other federal, state, or local law enforcement agency assets
clearly identifiable by lights, vessel markings, or with agency
insignia.
(b) Effective Period. This rule is effective January 1, 2013
through March 31, 2013.
(c) Regulations. (1) Under the general regulations in Sec. 165.33
of this part, vessels are prohibited from entering or transiting the
security zones described in paragraph (a) of this temporary section,
Sec. 165.T08-1078.
(2) If granted permission to enter a security zone, a vessel must
operate at the minimum speed necessary to maintain a safe course,
unless required to maintain speed by the Navigation Rules, and shall
proceed as directed by the Coast Guard. When within the security zone,
no vessel or person is allowed within 50 yards of the escorted vessel
unless authorized by the Coast Guard.
(3) Persons or vessels requiring deviations from this rule must
request permission from the Captain of the Port New Orleans through the
on-scene Coast Guard or other enforcement agency asset, via VHF-FM Ch.
12, VHF-FM Ch. 67, or the Coast Guard Vessel Traffic Center at (504)
365-2330.
(4) All persons and vessels granted permission to enter a security
zone must comply with the instructions of the Captain of the Port New
Orleans and designated personnel. Designated personnel include
commissioned, warrant and petty officers of the U.S. Coast Guard, and
local, state, and federal law enforcement officers on clearly
identified law enforcement agency vessels.
(d) Informational broadcasts. The Captain of the Port or a
designated representative will inform the public through marine safety
information bulletins or broadcast notices to mariners of the
enforcement of the security zone.
Dated: December 19, 2012.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2012-31559 Filed 1-2-13; 8:45 am]
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