
[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Rules and Regulations]
[Pages 261-263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31559]



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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 
Kenneth.E.Blair@uscg.mil. 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]
BILLING CODE 9110-04-P


