[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Rules and Regulations]
[Pages 7584-7587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02196]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number-USCG-2013-0994]
RIN 1625-AA87


Security Zone; Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Captain of the Port of New Orleans (COTP New Orleans), 
under the authority of the Magnuson Act, established a Moving Security 
Zone on the Mississippi river from mile marker 90.0 to mile marker 
106.0 above head of passes (AHP), extending 100 yards in all directions 
from vessels being escorted by one or more Coast Guard asset or other 
federal, state, or local law enforcement agency assets. The COTP New 
Orleans will inform the public of the existence or status of the 
security zones around escorted vessels in the regulated area by Marine 
Safety Information Bulletins or Broadcast Notice to Mariners. This 
moving security zone is necessary to protect vessels deemed to be in 
need of escort protection by the COTP New Orleans for security reasons.

DATES: This rule is effective in the Federal Register on February 10, 
2014 and effective with actual notice for purposes of enforcement on 
December 31, 2013 through April 14, 2014.

ADDRESSES: Documents indicated in this preamble are parts of docket 
[USCG-2013-0994] and are available online at www.regulations.gov. They 
are also available for inspection or copying at the Docket Management 
Facility (M-30), U.S. Department of Transportation, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Lieutenant Commander (LCDR) Kelly Denning, Sector 
New Orleans, at (504) 365-2392 or [email protected]. If you have 
questions on viewing the docket, call Cheryl F. Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

AHP Above Head of Passes
COTP Captain of the Port

[[Page 7585]]

DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
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.'' Under 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. Certain vessels qualifying as vessels 
requiring security escorts will transit through the COTP New Orleans 
area of responsibility. Minimal notice regarding vessel escort 
operations is customary for security purposes. Based on risk 
evaluations completed, and information gathered after evaluating the 
security needs for escorted vessels during a period of high activity on 
and around the waterway, the Coast Guard determined that a security 
zone is required, beginning December 31, 2013. This security zone is 
needed to protect persons and property, surrounding and including 
escorted vessels and their personnel from destruction, loss, or injury 
from sabotage or other subversive acts, accidents, or other causes of a 
similar nature during vessel escort operations. The NPRM process would 
be contrary to public interest by delaying the effective date or 
foregoing the necessary protections required for persons and property, 
surrounding and including escorted vessels and their personnel. 
Immediate action is necessary to provide both waterway and waterside 
security and protection for persons and property, surrounding and 
including escorted vessels and their personnel in this portion of the 
Lower Mississippi River during the listed time period.
    For the same reasons, 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. Providing a full 30 
day notice would be contrary to the public interest because immediate 
action is needed to provide both waterway and waterside security and 
protection during vessel escort operations.

B. Basis and Purpose

    The purpose of this rule is to provide enhanced protections related 
to escorted vessels transiting a portion of the Lower Mississippi River 
during times of increased activity on and around the waterway. During 
these times, certain vessels, including high capacity passenger 
vessels, vessels carrying certain dangerous cargoes as defined in 33 
CFR part 60, tank vessels constructed to carry oil or hazardous 
materials in bulk, and vessels carrying liquefied hazardous gas as 
defined in 33 CFR part 127 have been deemed by the COTP New Orleans to 
require escort protection while transiting the Lower Mississippi River 
between MM 90.0 to MM 106.0 AHP.
    As an additional protective measure for all those transiting the 
waterway during the vessels escorts, the Coast Guard is establishing a 
temporary security zone restricting navigation in portions of the Lower 
Mississippi River in New Orleans, LA to provide both waterway and 
waterside security and protection from MM 90.0 to MM 106.0 AHP. This 
security zone is necessary to protect persons and property, surrounding 
and including escorted vessels and their personnel from destruction, 
loss or injury from sabotage or other subversive acts, accidents or 
other causes of a similar nature.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory security zones.

C. Discussion of the Final Rule

    The Coast Guard has established a moving security zone extending 
100 yards in all directions from each escorted vessel as it transits 
the Lower Mississippi River between MM 90.0 and MM 106.0 AHP. Vessel 
escorts will be performed by Coast Guard assets or other Federal, State 
or local law enforcement agency assets and will be clearly identified 
by lights, vessel markings, or with agency insignia. Persons and 
vessels will not be allowed to remain in or transit through this 
security zone without the permission of the COTP New Orleans or the on-
scene Coast Guard or enforcement agency asset. A vessel may request 
permission of the COTP New Orleans or the on-scene Coast Guard or 
enforcement agency asset to deviate from the requirements of this rule. 
Deviations from this rule may be requested from the COTP New Orleans 
through the on-scene Coast Guard or enforcement agency asset, via VHF 
Ch. 67. If permitted to enter the security zone, a vessel must proceed 
at the minimum safe speed and must comply with the order of the COTP 
New Orleans or the on-scene asset. Vessels permitted to transit through 
the security zone shall maintain a distance of at least 50 yards from 
the escorted vessel.
    The COTP New Orleans will inform the public through broadcast 
notices to mariners of each security zone, the enforcement period for 
the security zone as well as any changes in the planned schedule.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). Due to its duration and location 
the impacts on routine navigation are expected to be minimal.
    This rule is not a significant regulatory action because the rule 
will be in effect for short periods of time and notifications to the 
marine community will be made through broadcast notices to mariners. 
Deviation from this rule may be requested and will be considered on a 
case-by-case basis by the COTP New Orleans or the on-scene Coast Guard 
or enforcement agency asset. Approved deviations will allow other 
vessels transiting the area to transit through the outer 250 yards of 
the security zone. Additionally, the security zone is located within 
the New Orleans Harbor Vessel Service Area where vessels are required 
to check in when entering the area or departing berth. This check in 
requirement can assist in early review and granting of permission to 
deviate from the rule. Therefore, the impacts on routine navigation are 
expected to be minimal.

[[Page 7586]]

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels, intending to 
transit within 100 yards of an escorted vessel between MM 90.0 and MM 
106.0 of the Lower Mississippi River. This security zone will not have 
significant impact on a substantial number of small entities because of 
its location and short durations and notifications to the marine 
community will be made through broadcast notices to mariners. Deviation 
from this rule may be requested and will be considered on a case-by-
case basis by the COTP New Orleans or the on-scene Coast Guard or 
enforcement agency asset. Approved deviations will allow other vessels 
transiting the area to transit through the outer 250 yards of the 
security zone. Additionally, the security zone is located within the 
New Orleans Harbor Vessel Service Area where vessels are required to 
check in when entering the area or departing berth. This check in 
requirement can assist in early review and granting of permission to 
deviate from the rule.
    If you are a small business entity and are significantly affected 
by this regulation please contact Lieutenant Commander (LCDR) Kelly 
Denning, Sector New Orleans, at (504) 365-2392 or 
[email protected].

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section, above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Commandant Instruction. An environmental analysis checklist and a 
categorical exclusion determination will be made available as indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


[[Page 7587]]


    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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
2. Add Sec.  165.T08-0994 to read as follows:


Sec.  165.T08-0994  Security Zone; Mississippi River, New Orleans, LA.

    (a) Location. Lower Mississippi River, from mile marker 90.0 to 
mile marker 106.0 above head of passes, extending 100 yards in all 
directions of escorted vessels.
    (b) Effective date. This rule is effective in the Federal Register 
on February 10, 2014 and effective with actual notice for purposes of 
enforcement on December 31, 2013 through April 14, 2014.
    (c) Periods of Enforcement. This rule will be enforced during 
vessel escorts performed by Coast Guard assets or other Federal, State 
or local law enforcement agency assets clearly identified by lights, 
vessel markings, or agency insignia. The Captain of the Port (COTP) New 
Orleans or a COTP New Orleans designated representative will inform the 
public through broadcast notices to mariners of security zone 
enforcement periods as well as any changes that may occur.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of this part, remaining in, entry into, or transiting 
within this security zone is prohibited. Section Sec.  165.33 also 
contains other general requirements.
    (2) Vessels requiring deviation from this rule must request 
permission from the COTP New Orleans through the on-scene Coast Guard 
or other agency asset, via VHF Ch. 67.
    (i) Requests for deviation may include requests to enter, remain 
in, or transit through certain parts of the security zone. If a 
deviation from the rule results in permission to enter, remain in, or 
transit through the security zone, all vessels shall operate at the 
minimum speed necessary to maintain a safe course, unless required to 
maintain speed by the Navigation Rules, and shall proceed as directed 
by the Coast Guard.
    (ii) If authorized to operate within the security zone, no vessel 
or person is allowed within 50 yards of the escorted vessel. A specific 
request for deviation from this rule to operate within 50 yards of the 
escorted vessels must be requested and will be considered on a case-by-
case basis by the COTP New Orleans.
    (3) All persons and vessels shall comply with the instructions of 
the COTP New Orleans and designated personnel. Designated personnel 
include commissioned, warrant and petty officers of the U.S. Coast 
Guard, and local, state, and federal law enforcement officers on 
clearly identified law enforcement agency vessels.
    (4) Informational Broadcasts. The Captain of the Port or a 
designated representative will inform the public through marine safety 
information bulletins or broadcast notices to mariners of the 
enforcement of the security zone.

    Dated: December 30, 2013.
P.C. Schifflin,
Captain, U.S. Coast Guard, Acting Captain of the Port New Orleans.
[FR Doc. 2014-02196 Filed 2-7-14; 8:45 am]
BILLING CODE 9110-04-P