Rule2022-16215
Security Zone; Lower Mississippi River, Mile Marker 94 to 97 Above Head of Passes, New Orleans, LA
Primary source
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Published
July 28, 2022
Effective
August 29, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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 rulemaking prohibits 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 security zone will be enforced only as necessary by the COTP through a notice 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.
Full Text
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<title>Federal Register, Volume 87 Issue 144 (Thursday, July 28, 2022)</title>
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[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Rules and Regulations]
[Pages 45249-45251]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16215]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing 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 rulemaking prohibits 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 security zone will be enforced only as
necessary by the COTP through a notice 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.
DATES: This rule is effective August 29, 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-
2022-0333 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#ca9da3a6a6a3aba7e48be499beafbdabb8be8abfb9a9ade4a7a3a6"><span class="__cf_email__" data-cfemail="1a4d737676737b77345b34496e7f6d7b686e5a6f69797d34777376">[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
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and Regulatory History
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 Coast Guard is establishing a permanent security zone for all
navigable waters of the LMR from MM 94 to MM 97, AHP, New Orleans, LA
to 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,
this rule allows vessels to seek permission to enter the security zone
from the COTP or a designated representative. The Coast Guard is
issuing this rulemaking under authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231). Therefore, on May 7, 2022, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled ``Safety Zone; Lower
Mississippi River, Mile Marker 94 to 97 Above Head of Passes, New
Orleans, LA'' (87 FR 34607). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to
establishing this permanent security zone. During the comment period
that ended July 7, 2022, we received no comments.
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 COTP has determined that a
permanent security zone, which can be enforced as necessary, will
better allow the COTP 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 rule prohibits 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
7, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes 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 rule 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
rule prohibits 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 rule will be
enforced only as necessary by the COTP through a notice 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.
[[Page 45250]]
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. While this zone will be
permanent, it will only be enforced on an as needed basis where the
COTP will limit the enforcement to areas specified in the notice of
enforcement published in the Federal Register. Moreover, the Coast
Guard will 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 received no comments from the Small Business
Administration on this rulemaking. 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 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(a) 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.846 to read as follows:
[[Page 45251]]
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 notice 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 Captain of the Port New Orleans (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: July 21, 2022.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2022-16215 Filed 7-27-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 28, 2022.
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