Proposed Rule2022-11977
Security Zone; Lower Mississippi River, Mile Marker 94 to 97 Above Head of Passes, New Orleans, LA
Primary source
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Published
June 7, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to establish a permanent security zone for all navigable waters of the Lower Mississippi River (LMR) from mile marker (MM) 94 to MM 97, Above Head of Passes (AHP), New Orleans, LA. This security zone is necessary to expedite the establishment and enforcement of the security zones to protect vessels, waterfront facilities, the public, and other surrounding areas from destruction, loss, or injury caused by sabotage, subversive acts, accidents, or other actions of a similar nature. This proposed rulemaking would prohibit entry of vessels or persons from entering the security zone unless specifically authorized by the Captain of the Port Sector New Orleans (COTP) or a designated representative. This proposed security zone would be enforced only as necessary by the COTP through a notification of enforcement published in the Federal Register and announced through Vessel Traffic Service Advisories, Broadcast Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Proposed Rules]
[Pages 34607-34609]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11977]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0333]
RIN 1625-AA87
Security Zone; Lower Mississippi River, Mile Marker 94 to 97
Above Head of Passes, New Orleans, LA
AGENCY: Coast Guard, Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent security
zone for all navigable waters of the Lower Mississippi River (LMR) from
mile marker (MM) 94 to MM 97, Above Head of Passes (AHP), New Orleans,
LA. This security zone is necessary to expedite the establishment and
enforcement of the security zones to protect vessels, waterfront
facilities, the public, and other surrounding areas from destruction,
loss, or injury caused by sabotage, subversive acts, accidents, or
other actions of a similar nature. This proposed rulemaking would
prohibit entry of vessels or persons from entering the security zone
unless specifically authorized by the Captain of the Port Sector New
Orleans (COTP) or a designated representative. This proposed security
zone would be enforced only as necessary by the COTP through a
notification of enforcement published in the Federal Register and
announced through Vessel Traffic Service Advisories, Broadcast Notices
to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine
Safety Information Bulletins (MSIBs) as appropriate. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 7, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0333 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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#693e0005050008044728473a1d0c1e081b1d291c1a0a0e47040005"><span class="__cf_email__" data-cfemail="6a3d030606030b07442b44391e0f1d0b181e2a1f19090d44070306">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AHP Above Head of Passes
CFR Code of Federal Regulations
COTP Captain of the Port New Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM Mile Marker
NPRM Notice of proposed rulemaking
NOE Notice of Enforcement
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
During the preceding several years, the COTP has published multiple
temporary final rules (TFRs) to implement heightened security measures
to protect waterfront facilities, visiting dignitaries, large volumes
of festival participants, and/or vessels from destruction, loss, or
injury from sabotage, subversive acts, or other malicious or potential
terrorist acts within the LMR from MM 94 to MM 97, AHP, New Orleans,
LA. The COTP expects that events requiring heightened protection will
increase as New Orleans continues to hold popular annual events, like
Mardi Gras and French Quarter Fest, as well as remains a top
destination for events of national significance, such as sporting
events and Navy Fleet Week.
The COTP proposes to establish a permanent security zone for all
navigable waters of the LMR from MM 94 to MM 97, AHP, New Orleans, LA,
and, thus, expedite the establishment and enforcement of the security
zones. The enforcement of security zones within this area of the LMR is
usually limited in duration, lasting a few hours to a few days for each
waterway closure, creating minimal impact to vessel traffic. Moreover,
the proposed rule would allow vessels to seek permission to enter the
security zone from the COTP or a designated representative. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a permanent security zone for
all navigable waters of the LMR from MM 94 to MM 97, AHP, New Orleans,
LA. This security zone is necessary to protect vessels, waterfront
facilities, the public, and other surrounding areas from destruction,
loss, or injury caused by sabotage, subversive acts, accidents, or
other actions of a similar nature. While this zone would encompass a
three-mile section of the waterway, the COTP would limit the
enforcement of
[[Page 34608]]
the zone only to the areas specified in the notification of enforcement
published in the Federal Register. No vessel or person would be
permitted to enter the security zone without obtaining permission from
the COTP or a designated representative. In accordance with 33 CFR
165.7, for each enforcement of the security zone established under this
proposed rule, the COTP would publish a notification of enforcement in
the Federal Register as early as practicable. The COTP or a designated
representative would inform the public of the enforcement area and
period of this security zone through Vessel Traffic Services, Broadcast
Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) as appropriate. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
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. While this zone would be
permanent, it would only be enforced on an as needed basis where the
COTP would limit the enforcement to areas specified in the notification
of enforcement published in the Federal Register. Moreover, the Coast
Guard would inform the public of the enforcement area and period of
this security zone through Vessel Traffic Services, Broadcast Notices
to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine
Safety Information Bulletins (MSIBs) as appropriate, and the rule would
allow vessels to seek permission to enter the security 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
proposed rule would 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
IV.A above, this rule will not have a significant economic impact on
any vessel owner or operator.
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.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves
establishing a security zone to protect the public in a designated area
of the Mississippi River near New Orleans, LA, for a limited number of
days. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
[[Page 34609]]
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0333 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.846 to read as follows:
Sec. 165.846 Security Zone; Lower Mississippi River, Mile Marker 94
to 97 Above Head of Passes, New Orleans, LA.
(a) Location. The following area is a security zone: All navigable
waters of Lower Mississippi River from mile marker (MM) 94
(29[deg]57'32'' N, 90[deg]03'05'' W) to MM 97 (29[deg]55'19'' N,
90[deg]04'00'' W), NAD83 datum, Above Head of Passes in New Orleans,
LA.
(b) Enforcement period. The security zone established by this
section will be enforced only upon notice of the Captain of the Port
New Orleans (COTP). In accordance with subpart A of this part, for each
enforcement of the security zone established under this section, the
COTP will publish a notification of enforcement in the Federal Register
as early as is practicable. In addition, the COTP will also inform the
public of the enforcement area and times of this section as indicated
in paragraph (d) of this section.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, no person or vessel may enter the security zone
described in paragraph (a) of this section unless authorized by the
COTP or a designated representative. A designated representative means
any Coast Guard commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of Sector
New Orleans; to include a Federal, State, and/or local officer
designated by or assisting the COTP in the enforcement of the security
zone.
(2) To seek permission to enter, contact the COTP or a designated
representative by telephone at (504) 365-2545 or VHF-FM Channel 16 or
67. Those in the security zone must transit at their slowest speed and
comply with all lawful orders or directions given to them by the COTP
or a designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement period of this security zone
through Vessel Traffic Service Advisories, Broadcast Notices to
Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as appropriate.
Dated: May 27, 2022.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2022-11977 Filed 6-6-22; 8:45 am]
BILLING CODE 9110-04-P
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