Rule2025-09928
Safety Zone; Gulf of America, Pass A Loutre State Wildlife Management Area
Primary source
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Published
June 2, 2025
Effective
June 2, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone one nautical mile in all directions around well #59 at approximate position 29[deg]04'28.919" N, 089[deg]10'48.720" W, near the Pass A Loutre State Wildlife Management Area. The safety zone is needed to protect persons and critical infrastructure from the potential contamination due to an oil spill in the Gulf of America. Entry of vessels or persons into this zone, or movement of vessels within this zone is prohibited unless specifically authorized by the Captain of the Port or a designated representative.
Full Text
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<title>Federal Register, Volume 90 Issue 104 (Monday, June 2, 2025)</title>
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[Federal Register Volume 90, Number 104 (Monday, June 2, 2025)]
[Rules and Regulations]
[Pages 23285-23287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09928]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2025-0435]
RIN 1625-AA00
Safety Zone; Gulf of America, Pass A Loutre State Wildlife
Management Area
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone one
nautical mile in all directions around well #59 at approximate position
29[deg]04'28.919'' N, 089[deg]10'48.720'' W, near the Pass A Loutre
State Wildlife Management Area. The safety zone is needed to protect
persons and critical infrastructure from the potential contamination
due to an oil spill in the Gulf of America. Entry of vessels or persons
into this zone, or movement of vessels within this zone is prohibited
unless specifically authorized by the Captain of the Port or a
designated representative.
DATES: This rule is effective without actual notice from June 2, 2025,
through July 2, 2025. For the purposes of enforcement, actual notice
will be used from May 22, 2025, until June 2, 2025.
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-
2025-0435 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 about this rule,
call or email Lieutenant Commander Xiaobin Tuo, Sector New Orleans,
U.S. Coast Guard; 504-365-2246, email <a href="/cdn-cgi/l/email-protection#28704149474a4146067c5d47685d5b4b4f06454144"><span class="__cf_email__" data-cfemail="8fd7e6eee0ede6e1a1dbfae0cffafcece8a1e2e6e3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
[[Page 23286]]
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
previously established a temporary safety zone in this area from April
30 through May 19, 2025, following the discovery of an ongoing oil
spill from a leaking pipeline (90 FR 19124, May 6, 2025, docket number
USCG-2025-0014). While the source of the oil spill is currently under
control, response and clean-up operations are expected to continue for
several more weeks. Therefore, this new temporary rule is needed to
continue the safety zone until response operations are complete.
The Coast Guard finds that good cause exists for not publishing a
notice of proposed rulemaking (NPRM) with respect to this rule because
it is needed for an on-going emergency response to an oil spill from a
leaking pipeline which began around April 27, 2025. Immediate action is
needed to respond to the potential safety impacts associated with oil
contamination and the clean-up operations. It is impracticable to
publish an NPRM because we must establish this safety zone immediately.
Also, 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 respond to the potential safety hazards associated
with the oil spill.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector New Orleans (COTP) has determined
that potential hazards associated with ongoing contamination and
cleanup efforts due to an oil spill will be a safety concern to all
persons and critical infrastructure within the vicinity of the oil
spill.
IV. Discussion of the Rule
This rule establishes a safety zone from May 22, 2025, through July
2, 2025. The safety zone encompasses all waters within one nautical
mile in all directions around well #59, at approximate position
29[deg]04'28.919'' N, 089[deg]10'48.720'' W, near the Pass A Loutre
State Wildlife Management Area. The duration of the zone is intended to
protect persons and critical infrastructure from the potential
contamination due to an oil spill and active clean-up operations in the
Gulf of America. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 14192 (Unleashing
Prosperity Through Deregulation) directs agencies to significantly
reduce the private expenditures required to comply with Federal
regulations and provides that ``any new incremental costs associated
with new regulations shall, to the extent permitted by law, be offset
by the elimination of existing costs associated with at least 10 prior
regulations.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This rule is not an Executive Order 14192 regulatory action because
this rule is not significant under Executive Order 12866. See OMB
Memorandum M-25-20, ``Guidance Implementing Section 3 of Executive
Order 14192, titled `Unleashing Prosperity Through Deregulation' ''
(Mar. 26, 2025).
This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone will impact
a relatively small, designated area of the Gulf of America that has
been impacted by a significant oil spill, and within which active
clean-up operations are occurring. Moreover, the Coast Guard will issue
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule will allow vessels to seek permission to transit
through the zone when it is safe to do so, and with the permission of
the Captain of the Port.
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
safety 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 will 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,
[[Page 23287]]
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 an
emergency safety zone that will prohibit entry one nautical mile in all
directions around well #59 at approximate position 29[deg]04'28.919''
N, 089[deg]10'48.720'' W near the Pass A Loutre State Wildlife
Management Area. It is categorically excluded from further review under
paragraph L60(d) 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.
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T08-0435 to read as follows:
Sec. 165.T08-0435 Safety Zone; Gulf of America, Pass A Loutre State
Wildlife Management Area.
(a) Location. The following area is a safety zone: all navigable
waters within one nautical mile in all directions around well #59 at
approximate position 29[deg]04'28.919'' N, 089[deg]10'48.720'' W, near
the Pass A Loutre State Wildlife Management Area. These coordinates are
based on World Geodetic System (WGS) 84.
(b) Definition. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector New Orleans (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM Channel 16 or 67 or by telephone at (504)
365-2545. Those in the safety zone must comply with all lawful orders
or directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be enforced 24-hours per
day from May 22, 2025, through July 2, 2025, unless cancelled earlier
by the Captain of the Port. The COTP or a designated representative
will inform the public of any changes to the enforcement times or dates
for this safety zone through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate.
Dated: May 22, 2025.
G.A. Callaghan,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2025-09928 Filed 5-30-25; 8:45 am]
BILLING CODE 9110-04-P
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