Rule2022-04170
Security Zone; Lower Mississippi River, New Orleans, LA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 28, 2022
Effective
February 25, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone for all navigable waters within 400 yards of the Left Descending Bank (LDB) of the Lower Mississippi River (LMR) MM 94.4 and MM 95.1, Above Head of Passes (AHP), New Orleans, LA. This security zone is necessary to provide security and protection for visiting personnel during the events related to the Mardi Gras Celebrations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port New Orleans (COTP) or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 39 (Monday, February 28, 2022)</title>
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[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Rules and Regulations]
[Pages 10973-10975]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04170]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0084]
RIN 1625-AA87
Security Zone; Lower Mississippi River, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
all navigable waters within 400 yards of the Left Descending Bank (LDB)
of the Lower Mississippi River (LMR) MM 94.4 and MM 95.1, Above Head of
Passes (AHP), New Orleans, LA. This security zone is necessary to
provide security and protection for visiting personnel during the
events related to the Mardi Gras Celebrations. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port New Orleans (COTP) or a designated
representative.
DATES: This rule is effective from 6 p.m. on February 25, 2022, through
11:59 p.m. on March 1, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0084 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander, William A. Stewart, Sector New
Orleans, U.S. Coast Guard; telephone 504-365-2246, email
<a href="/cdn-cgi/l/email-protection#7a2d131616131b17543b54290e1f0d1b080e3a0f09191d54171316"><span class="__cf_email__" data-cfemail="64330d08080d05094a254a3710011305161024111707034a090d08">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 because it would be impracticable. We must
establish this security zone by February 25, 2022 in order to provide
proper security for these visiting personnel, and we do not have
sufficient time to request and respond to comments.
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. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to provide adequate security to protect the public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port New Orleans
(COTP) has determined that the increased number of personnel
anticipated to be visiting the city during the Mardi Gras Celebration
requires certain security measures to ensure that the persons and
property are kept secure during the events. The Coast Guard determined
that a temporary security zone is needed for this and related events
that will be taking place adjacent to a portion of Lower Mississippi
River (LMR).
IV. Discussion of the Rule
This rule establishes a security zone from 6 p.m. on February 25,
2022 through 11:59 p.m. on March 1, 2022. The security zone will cover
all navigable waters within 400 yards of the Left Descending Bank (LDB)
of the LMR from MM 94.4 and MM 95.1, Above Head of Passes (AHP), New
Orleans, LA. This zone is necessary in order to provide to provide
waterside security for the protection of visitors attending the events
related to the Mardi Gras Celebrations. No vessel or person will be
permitted to enter the security zone without obtaining permission from
the COTP or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector New
Orleans. They may be contacted on VHF-FM Channel 16 or 67 or by
telephone at 504-365-2545.
Persons and vessels permitted to enter this security zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
The COTP or a designated representative will inform the public of
the enforcement times and date for this regulated area through
Broadcast Notices to Mariners (BNMs), Local
[[Page 10974]]
Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins
(MSIBs), as appropriate.
V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the security zone. Vessel traffic will be
able to safely transit around this security zone which would impact a
small designated area of the Mississippi River near New Orleans, LA for
a limited number of days and will not overly impede vessel traffic
during the period in effect. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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
establishing a security zone to protect the public in a small
designated area of the Mississippi River near New Orleans, LA for a
limited number of days. It is categorically excluded from further
review under paragraph L60 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0084 to read as follows:
[[Page 10975]]
Sec. 165.T08-0084 Security Zone; Mississippi River, New Orleans, LA.
(a) Location. The following area is a security zone: All navigable
waters of Mississippi River, New Orleans, LA within 400 yards of the
Left Descending Bank (LDB) of the Lower Mississippi River (LMR) between
Mile Marker (MM) 94.4 and MM 95.1, Above Head of Passes (AHP), New
Orleans, Louisiana.
(b) Definitions. As used in this section, designated representative
means a designated representative is a commissioned, warrant, or petty
officer of the U.S. Coast Guard assigned to units under the operational
control of USCG Sector New Orleans.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining within this
regulated area is prohibited unless authorized by the Captain of the
Port Sector New Orleans (COTP) or designated representative.
(2) Vessel requiring entry into this regulated area must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67 or by telephone at 504-365-2545.
(3) Persons and vessels permitted to enter this security zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Enforcement period. This section will be enforced 6 p.m. on
February 25, 2022, through 11:59 p.m. on March 1, 2022.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement times and date
for this regulated area through Broadcast Notices to Mariners (BNMs),
Local Notice to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
Dated: February 18, 2022.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2022-04170 Filed 2-25-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 28, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.