[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Rules and Regulations]
[Pages 10973-10975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04170]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0084]
RIN 1625-AA87


Security Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
all navigable waters within 400 yards of the Left Descending Bank (LDB) 
of the Lower Mississippi River (LMR) MM 94.4 and MM 95.1, Above Head of 
Passes (AHP), New Orleans, LA. This security zone is necessary to 
provide security and protection for visiting personnel during the 
events related to the Mardi Gras Celebrations. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port New Orleans (COTP) or a designated 
representative.

DATES: This rule is effective from 6 p.m. on February 25, 2022, through 
11:59 p.m. on March 1, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0084 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

CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 because it would be impracticable. We must 
establish this security zone by February 25, 2022 in order to provide 
proper security for these visiting personnel, and we do not have 
sufficient time to request and respond to comments.
    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 provide adequate security to protect the public.

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 Captain of the Port New Orleans 
(COTP) has determined that the increased number of personnel 
anticipated to be visiting the city during the Mardi Gras Celebration 
requires certain security measures to ensure that the persons and 
property are kept secure during the events. The Coast Guard determined 
that a temporary security zone is needed for this and related events 
that will be taking place adjacent to a portion of Lower Mississippi 
River (LMR).

IV. Discussion of the Rule

    This rule establishes a security zone from 6 p.m. on February 25, 
2022 through 11:59 p.m. on March 1, 2022. The security zone will cover 
all navigable waters within 400 yards of the Left Descending Bank (LDB) 
of the LMR from MM 94.4 and MM 95.1, Above Head of Passes (AHP), New 
Orleans, LA. This zone is necessary in order to provide to provide 
waterside security for the protection of visitors attending the events 
related to the Mardi Gras Celebrations. No vessel or person will be 
permitted to enter the security zone without obtaining permission from 
the COTP or a designated representative. A designated representative is 
a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector New 
Orleans. They may be contacted on VHF-FM Channel 16 or 67 or by 
telephone at 504-365-2545.
    Persons and vessels permitted to enter this security zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    The COTP or a designated representative will inform the public of 
the enforcement times and date for this regulated area through 
Broadcast Notices to Mariners (BNMs), Local

[[Page 10974]]

Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins 
(MSIBs), as appropriate.

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. Vessel traffic will be 
able to safely transit around this security zone which would impact a 
small designated area of the Mississippi River near New Orleans, LA for 
a limited number of days and will not overly impede vessel traffic 
during the period in effect. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
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 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 small 
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 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. 0170.1.


0
2. Add Sec.  165.T08-0084 to read as follows:

[[Page 10975]]

Sec.  165.T08-0084   Security Zone; Mississippi River, New Orleans, LA.

    (a) Location. The following area is a security zone: All navigable 
waters of Mississippi River, New Orleans, LA within 400 yards of the 
Left Descending Bank (LDB) of the Lower Mississippi River (LMR) between 
Mile Marker (MM) 94.4 and MM 95.1, Above Head of Passes (AHP), New 
Orleans, Louisiana.
    (b) Definitions. As used in this section, designated representative 
means a designated representative is a commissioned, warrant, or petty 
officer of the U.S. Coast Guard assigned to units under the operational 
control of USCG Sector New Orleans.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of this part, entry into or remaining within this 
regulated area is prohibited unless authorized by the Captain of the 
Port Sector New Orleans (COTP) or designated representative.
    (2) Vessel requiring entry into this regulated area must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67 or by telephone at 504-365-2545.
    (3) Persons and vessels permitted to enter this security zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Enforcement period. This section will be enforced 6 p.m. on 
February 25, 2022, through 11:59 p.m. on March 1, 2022.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement times and date 
for this regulated area through Broadcast Notices to Mariners (BNMs), 
Local Notice to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs), as appropriate.

    Dated: February 18, 2022.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2022-04170 Filed 2-25-22; 8:45 am]
BILLING CODE 9110-04-P