Rule2026-10088
Security Zones; New Orleans Sail 250, Lower Mississippi River, New Orleans, LA
Primary source
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Published
May 20, 2026
Effective
May 24, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing temporary moving and fixed security zones on the Lower Mississippi River to provide security for visiting personnel and vessels during the New Orleans Sail 250 events. The fixed security zone will cover all waters of the Lower Mississippi River between mile markers 92.7 to 98. The moving security zone will apply to certain designated vessels as they transit between the Southwest Pass entrance and mile marker 98. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port.
Full Text
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<title>Federal Register, Volume 91 Issue 97 (Wednesday, May 20, 2026)</title>
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[Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)]
[Rules and Regulations]
[Pages 29368-29369]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10088]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0592]
RIN 1625-AA87
Security Zones; New Orleans Sail 250, Lower Mississippi River,
New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary moving and fixed
security zones on the Lower Mississippi River to provide security for
visiting personnel and vessels during the New Orleans Sail 250 events.
The fixed security zone will cover all waters of the Lower Mississippi
River between mile markers 92.7 to 98. The moving security zone will
apply to certain designated vessels as they transit between the
Southwest Pass entrance and mile marker 98. Entry of vessels or persons
into these zones is prohibited unless specifically authorized by the
Captain of the Port.
DATES: This rule is effective from 12:01 a.m. on May 24, 2026, through
11:59 p.m. on June 1, 2026.
ADDRESSES: To view available documents, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0592.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Jacob Gamble, Sector New Orleans,
U.S. Coast Guard; 504-269-7251, email <a href="/cdn-cgi/l/email-protection#155f74767a773b463b52747877797055606676723b787c79"><span class="__cf_email__" data-cfemail="ade7cccec2cf83fe83eaccc0cfc1c8edd8dececa83c0c4c1">[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
LMR Lower Mississippi River
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
Sail 250 New Orleans is a major public event that involves visiting
tall ships and other vessels that will be moored along the Lower
Mississippi River riverfront in New Orleans. A large gathering of
attendees is anticipated over the duration of this event, which begins
with the first vessel arrivals around May 24, 2026, and ends June 1,
2026. While planning for this event, the Coast Guard determined that
existing permanent security zones on the Lower Mississippi River, at 33
CFR 165.812 and 33 CFR 165.846, are inadequate to provide the necessary
security for visiting vessels and attendees. The Captain of the Port
(COTP) New Orleans determined that it is necessary to create a new
temporary regulation to provide for a larger fixed security zone area,
and to apply a moving security zone to participating vessels that are
not cruise ships or United States naval vessels. Therefore, the COTP is
proposing this rule under the authority of 46 U.S.C. 70051 and 70124,
which is needed to protect personnel, vessels, and the marine
environment in the navigable waters of the Lower Mississippi River in
the vicinity of New Orleans.
Because of the risks associated with this event, the Coast Guard is
issuing this rule without prior notice and opportunity to comment. As
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 public
interest. Planners for the Sail 250 New Orleans project continue to
develop and refine the timeline for vessel arrivals and other events,
and the Coast Guard has not had sufficient time to publish an NPRM,
consider public comments, and issue a final rule. The Coast Guard must
establish these temporary security zones by May 24, 2026, to provide
security to waterway users, visiting vessel crews, other personnel
associated with the project, and the public.
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 temporarily establishes fixed and moving security zones
for vessels involved in the New Orleans Sail 250 event from 12:01 a.m.
on May 24, 2026, through 11:59 p.m. on June 1, 2026. First, it
establishes a moving security zone for certain protected vessels
designated by the COTP, as they transit the Lower Mississippi River
between the Southwest Pass Entrance Lighted Buoy ``SW'', at approximate
position 28[deg]52'42'' N, 89[deg]25'54'' W [NAD 83] and Lower
Mississippi River mile marker 98 in New Orleans, Louisiana. No person
or vessel will be allowed to approach within 100 feet of a protected
vessel, and vessels within 500 yards of the protected vessel must
transit at the minimum safe speed necessary to
[[Page 29369]]
maintain a safe course past the protected vessel.
Second, it establishes a fixed security zone area from MM 92.7 to
MM 98 on the Lower Mississippi River, in the vicinity of the New
Orleans riverfront. Vessels and persons are prohibited from entering
this area without the permission of the COTP.
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. 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 proposed 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 proposed 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.
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 proposed 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 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 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 establishes a temporary security zone regulation. 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
will be 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 is
amending 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.T08-0592 to read as follows:
Sec. 165.T08-0592 Security Zones; New Orleans Sail 250, Lower
Mississippi River, New Orleans, LA.
(a) Location. The following areas within the Lower Mississippi
River are security zones:
(1) Moving Security Zone. 100 feet around vessels designated by the
Captain of the Port (COTP), as they transit between the Southwest Pass
Entrance Lighted Buoy ``SW'', at approximate position 28[deg]52'42'' N,
89[deg]25'54'' W and Lower Mississippi River mile marker (MM) 98
(29[deg]54'56'' N, 90[deg]04'52'' W) in New Orleans, Louisiana. These
coordinates are based on North American Datum 83 (NAD 83). This zone
remains in effect during the vessels transit, and while moored or
anchored in the Lower Mississippi River.
(2) Fixed Security Zone. All waters of the Lower Mississippi River
from MM 92.7 (29[deg]57'24'' N, 090[deg]01'42'' W) to MM 98
(29[deg]54'56'' N, 90[deg]04'52'' W). These coordinates are based on
North American Datum 83 (NAD 83).
(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 COTP
in the enforcement of the security zones.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter a security zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) When within 500 yards of a vessel protected by a moving
security zone described in paragraph (a)(1) above, vessels must transit
at the minimum speed necessary to maintain a safe course past the
protected vessel.
(3) The COTP will issue Broadcast Notice to Mariners and other
public advisories to inform the public of the presence of the moving
and fixed security zones.
(4) To seek permission to enter, contact the COTP or the COTP's
representative on VHF Channels 13/67 or via phone at (504) 589-2780 or
(504) 589-6261. Those in the security 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 12:01
a.m. on May 24, 2026, through 11:59 p.m. on June 1, 2026.
Gregory A. Callaghan,
Captain, U.S. Coast Guard, Captain of the Port, Sector New Orleans.
[FR Doc. 2026-10088 Filed 5-19-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 20, 2026.
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