Rule2026-09625
Safety Zone; Gulf Intracoastal Waterway; Florida Avenue Bridge; Temporary Waterway Closure
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
May 14, 2026
Effective
May 14, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters extending from MM 6.5 East of Harvey Lock to MM 10 East of Harvey Lock along the Gulf Intracoastal Waterway (GIWW) which includes the Inner Harbor Navigational Canal (IHNC) Lock. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with an ongoing sewage leak in the vicinity of the Florida Avenue Bridge at position 29[deg]58.860 N, 90[deg].01.300 W. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector New Orleans, or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 93 (Thursday, May 14, 2026)</title>
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[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Rules and Regulations]
[Pages 27204-27205]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09625]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0030]
RIN 1625-AA00
Safety Zone; Gulf Intracoastal Waterway; Florida Avenue Bridge;
Temporary Waterway Closure
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters extending from MM 6.5 East of Harvey Lock to MM 10
East of Harvey Lock along the Gulf Intracoastal Waterway (GIWW) which
includes the Inner Harbor Navigational Canal (IHNC) Lock. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards associated with an ongoing sewage
leak in the vicinity of the Florida Avenue Bridge at position
29[deg]58.860 N, 90[deg].01.300 W. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port, Sector New Orleans, or their designated representative.
DATES: This rule is effective without actual notice from May 14, 2026
through May 22, 2026. For the purposes of enforcement, actual notice
will be used from May 5, 2026, until May 14, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0030.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Lieutenant Commander Jacob Gamble, Sector New Orleans Waterways
Management Division, U.S. Coast Guard; telephone (504)269-7251 or email
<a href="/cdn-cgi/l/email-protection#eea48f8d818cc0bdc0a98f838c828bae9b9d8d89c0838782"><span class="__cf_email__" data-cfemail="f4be95979b96daa7dab39599969891b481879793da999d98">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard received notification of an ongoing sewage leak in
the vicinity of the Florida Avenue Bridge at position 29[deg]58.860 N,
90[deg].01.300 W. The Captain of the Port (COTP) New Orleans has
determined that potential hazards associated with the sewage leak are a
safety concern for anyone transiting within MM 6.5 East of Harvey Lock
to MM 10 East of Harvey Lock along the Gulf Intracoastal Waterway
(GIWW) which includes the Inner Harbor Navigational Canal (IHNC) Lock.
These hazards include exposure to harmful substances and the presence
of response vessels and personnel working in the area.
Therefore, the COTP is issuing this rule under the authority in 46
U.S.C. 70034, which is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone. The
COTP previously established a safety zone for this response on April
18, 2026. The effective date for that temporary rule has expired but
the response is continuing, therefore the COTP is issuing this
temporary rule to extend the effective period of the safety zone.
Because of these potential hazards, the Coast Guard is issuing this
rule without prior notice and comment. As is authorized by 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 is impracticable and contrary to the public interest.
Additionally, the Coast Guard was notified of this event on April 18,
2026, and issued a temporary safety zone rule that expired May 2, 2026.
However, we must issue this temporary rule immediately due to
continuing response operations, to extend enforcement of the previously
established safety zone until May 22, 2026, to continue to protect
personnel, vessels, and the marine environment. Therefore, we do not
have enough time to solicit and respond to comments.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
III. Discussion of the Rule
This rule establishes a safety zone from May 5, 2026 through May
22, 2026. The safety zone will cover all navigable waters within MM 6.5
East of Harvey Lock to MM 10 East of Harvey Lock along the Gulf
Intracoastal Waterway (GIWW) which includes the Inner Harbor
Navigational Canal (IHNC) Lock. Vessels and persons will not be allowed
to enter the zone during this time, unless authorized by the COTP. The
COTP will also issue public advisories to notify the public of the
safety zone location and enforcement schedule.
IV. 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. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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
[[Page 27205]]
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 et seq.), 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 is a safety zone. 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.
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.T08-0030 to read as follows:
Sec. 165.T08-0030 Safety Zone; Gulf Intracoastal Waterway, Inner
Harbor Navigation Canal to Florida Avenue Bridge, New Orleans, LA.
(a) Location. The following area is a safety zone: All waters
extending MM 6.5 East of Harvey Lock to MM 10 East of Harvey Lock along
the Gulf Intracoastal Waterway (GIWW) which includes the Inner Harbor
Navigational Canal (IHNC) Lock.
(b) Definitions. 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 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 on VHF-FM channel 16 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 from May 5,
2026 until May 22, 2026. In addition, the COTP will also inform the
public of the enforcement area via Marine Safety Information Bulletin
(MSIB), Broadcast Notice to Mariners (BNMs), and/or Safety Marine
Information Broadcast (SMIB), as appropriate. The COTP may reduce the
size and enforcement period of the emergency safety zone based on the
pollution response activity occurring within the safety zone location.
G.A. Callaghan,
Captain, U.S. Coast Guard,Captain of the Port Sector New Orleans.
[FR Doc. 2026-09625 Filed 5-13-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 14, 2026.
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