[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Rules and Regulations]
[Pages 63816-63818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17289]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0652]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Marker 229.2 Baton 
Rouge to Mile Marker 92.7 New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
around the procession of boats participating in the marine event, Fete 
Dieu Du Mississippi, on the Lower Mississippi River in New Orleans, LA. 
The safety zone is necessary to protect persons and vessels from the 
potential hazards associated with a moving flotilla of vessels and the 
potential for marine traffic congestion on the Lower Mississippi River. 
Entry of vessels or persons into the zone is prohibited unless 
specifically authorized by the Captain of the Port Sector New Orleans 
or a designated representative, or the pilot of the M/V KNIGHT HAWK.

DATES: This rule is effective from 10 a.m. on August 14, 2024 through 
5:30 p.m. on August 15, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0652 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 about this rule, 
call or email Lieutenant Commander Xiaobin Tuo, Sector New Orleans, 
U.S. Coast Guard; 504-365-2246, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM Mile Marker
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' Prompt action is 
necessary to protect persons and vessels from the potential safety 
hazards associated with a moving flotilla of vessels and the potential 
for marine traffic congestion on the Lower Mississippi River. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by August 14, 2024.
    Also, 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 impracticable because prompt action is needed to 
respond to the potential safety hazards associated with a moving 
flotilla and the potential for marine traffic congestion on the Lower 
Mississippi River.

[[Page 63817]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector New Orleans (COTP) has determined 
that a temporary moving safety zone is necessary to provide for the 
safety of persons, vessels, and the marine environment during the Fete 
Dieu Du Mississippi procession from Baton Rouge, LA to New Orleans, LA. 
Potential hazards include risk of injury if normal vessel traffic or 
spectators were to interfere with the flotilla's movement. The transit 
is scheduled to take place from 10 a.m. to 5:30 p.m. on August 14, 2024 
and 10 a.m. to 5:30 p.m. on August 15, 2024, on the navigable waters of 
the Lower Mississippi River. This rule is needed to protect persons, 
vessels, and the marine environment from hazards associated with a 
flotilla on the navigable waters within the safety zone while vessels 
transit.

IV. Discussion of the Rule

    This rule establishes a temporary moving safety zone that will be 
enforced from 10 a.m. to 5:30 p.m., daily, on August 14, 2024 and 
August 15, 2024. The safety zone will cover all navigable waters around 
the Fete Dieu Du Mississippi Flotilla as it transits the Lower 
Mississippi River between Baton Rouge, LA MM 229.2 and New Orleans, LA 
MM 92.7. The M/V KNIGHT HAWK will serve as the vessel in charge of the 
flotilla. The moving safety zone will encompass all navigable waters 
within a two-mile radius around the M/V KNIGHT HAWK. This safety 
measure is necessary to protect persons and vessels from the potential 
safety hazards associated with congested maritime traffic on the Lower 
Mississippi River and the movement of the flotilla. No vessel or person 
will be permitted to enter the safety zone without obtaining permission 
from the COTP, a designated representative, or the pilot onboard the M/
V KNIGHT HAWK.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on minimal impacts on 
routine navigation expected. The temporary moving safety zone will not 
interfere with a vessel's ability to make passing and overtaking 
arrangements. Routine navigation around and near the proposed safety 
zone will not be impacted. The temporary moving safety zone is intended 
to provide additional time and opportunity to negotiate navigational 
meeting and overtaking arrangements and to maneuver without causing 
delay for both the flotilla and other vessels operating in the area.

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 
temporary moving safety 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

[[Page 63818]]

significant effect on the human environment. This rule involves 
establishing a temporary moving safety zone on the navigable waters 
within a two-mile radius around the M/V KNIGHT HAWK on the LMR, lasting 
two days. It is categorically excluded from further review under 
paragraph L63(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, 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. 01.3.


0
2. Add Sec.  165.T08-0652 to read as follows:


Sec.  165.T08-0652  Safety Zone; Lower Mississippi River, Mile Marker 
229.2 Baton Rouge to Mile Marker 92.7 New Orleans, LA

    (a) Location. The following area is a safety zone: all navigable 
waters within the Lower Mississippi River, around the flotilla 
transiting between Baton Rouge MM 229.2 at approximate position 
30[deg]26'200'' N, 91[deg]11'800'' W [NAD 83] and approximate MM 92.7 
in New Orleans, Louisiana on the Lower Mississippi River. The temporary 
moving safety zone will consist of a two-mile radius around the M/V 
KNIGHT HAWK. The zone remains in effect during the entire transit of 
the flotilla from Baton Rouge, LA to Convent, LA on day one, then from 
Convent, LA to New Orleans, LA on day two.
    (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 
Captain of the Port New Orleans (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative, except as provided for in paragraph 
(c)(2) and (3) of this section.
    (2) For this section the pilot onboard the M/V KNIGHT HAWK has the 
authority to allow other vessels to enter the safety zone when 
necessary.
    (3) All vessels are prohibited from entering this safety zone 
unless authorized as follows:
    (i) Vessels that have made suitable passing or overtaking 
arrangements with the pilot onboard the M/V KNIGHT HAWK, may enter this 
safety zone in accordance with those agreed upon arrangements.
    (ii) Moored vessels or vessels anchored in a designated anchorage 
area may remain in their current moored or anchored position while the 
flotilla transits the area.
    (iii) Barge Fleets or vessels working a fleet may continue their 
current operations while the flotilla transits the area.
    (d) Enforcement period. This section will be enforced from 10 a.m. 
to 5:30 p.m., daily, on August 14, 2024 and August 15, 2024.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: July 31, 2024.
G.A. Callaghan,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2024-17289 Filed 8-5-24; 8:45 am]
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