[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Proposed Rules]
[Pages 34607-34609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11977]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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 proposed rulemaking would 
prohibit 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 proposed security 
zone would be enforced only as necessary by the COTP through a 
notification 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. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 7, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0333 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    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 COTP proposes to establish a permanent security zone for all 
navigable waters of the LMR from MM 94 to MM 97, AHP, New Orleans, LA, 
and, thus, 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, 
the proposed rule would allow vessels to seek permission to enter the 
security zone from the COTP or a designated representative. The Coast 
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a permanent security zone for 
all navigable waters of the LMR from MM 94 to MM 97, AHP, New Orleans, 
LA. This security zone is necessary 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. While this zone would encompass a 
three-mile section of the waterway, the COTP would limit the 
enforcement of

[[Page 34608]]

the zone only to the areas specified in the notification of enforcement 
published in the Federal Register. No vessel or person would be 
permitted to enter the security zone without obtaining permission from 
the COTP or a designated representative. In accordance with 33 CFR 
165.7, for each enforcement of the security zone established under this 
proposed rule, the COTP would publish a notification of enforcement in 
the Federal Register as early as practicable. The COTP or a designated 
representative would 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. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
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 would be 
permanent, it would only be enforced on an as needed basis where the 
COTP would limit the enforcement to areas specified in the notification 
of enforcement published in the Federal Register. Moreover, the Coast 
Guard would 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. 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. 4321-4370f), and have made 
a preliminary determination 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 proposed 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. Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

[[Page 34609]]

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0333 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 
proposing to amend 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:


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 notification 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 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: May 27, 2022.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2022-11977 Filed 6-6-22; 8:45 am]
BILLING CODE 9110-04-P