[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 
[email protected].

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


