[Federal Register Volume 90, Number 188 (Wednesday, October 1, 2025)]
[Rules and Regulations]
[Pages 47234-47235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19115]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0842]
RIN 1625-AA87
Security Zone; Lower Mississippi River, Mile Marker 96.8 to 97.5
Above Head of Passes, New Orleans, LA--Gretna Heritage Festival
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 350 yards of the right descending Bank
(RDB) of the Lower Mississippi River (LMR) Mile Marker (MM) 96.8 to MM
97.5, Above Head of Passes (AHP), New Orleans, LA. This security zone
is necessary to provide security and protection for events taking place
on or adjacent to the LMR for Gretna Heritage Festival. No person or
vessel may enter this security zone unless authorized by the Captain of
the Port, New Orleans (COTP) or a designated representative.
DATES: This rule is effective from 3 p.m. on October 3, 2025, through
10 p.m. on October 5, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0842 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 Jacob Gamble, Sector New Orleans,
U.S. Coast Guard; 504-269-7251, [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AHP Above Head of Passes
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM Mile Marker
NPRM Notice of proposed rulemaking
RDB Right Descending Bank
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard received notice that the annual Gretna Fest will
occur from October 3, 2025 through October 5, 2025. The event will be
held along the Mississippi River in the vicinity of a permanently
established security zone from MM 94 to MM 97, 33 CFR 165.846. However,
for this particular event, the security zone area must be extended
beyond the boundary of the permanent zone, to MM 97.5. Therefore, the
COTP is issuing this rule under the authority in 46 U.S.C. 70051 and
70124, which is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the security zone.
The Coast Guard is issuing this temporary rule without prior notice
and comment. As is authorized by 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 is impracticable
and contrary to the public interest. This temporary security zone must
be established by October 3, 2025 and there is insufficient time to
solicit and respond to public comments.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the FR.
III. Discussion of the Rule
This rule establishes a temporary security zone starting 3 p.m. on
October 3, 2025, through 10 p.m. on October 5, 2025. The security zone
will cover all navigable waters within 350 yards of the RDB of the LMR
MM 96.8 to MM 97.5, AHP, New Orleans, LA. The temporary security zone
is intended to protect personnel, vessels, and the marine environment
in these navigable waters during the event. No vessels or persons will
be permitted to enter the security zone without obtaining permission
from the COTP or the COTP's designated representative.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions contact the person listed in the FOR FURTHER INFORMATION
CONTACT section. Small businesses may send comments to the Small
Business and Agriculture Regulatory Enforcement Ombudsman and the
Regional Small Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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
[[Page 47235]]
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 establishes a temporary security. 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.
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. 01.4.
0
2. Add Sec. 33 CFR 165.T08-0842 to read as follows:
Sec. 165.T08-0842 Security Zone; Lower Mississippi River, Mile Marker
96.8 to 97.5 Above Head of Passes, New Orleans, LA.
(a) Location. The following area is a security zone: All navigable
waters within 350 yards of the right descending bank (RDB) of the Lower
Mississippi River from mile marker (MM) 96.8 to MM 97.5, NAD83 datum,
Above Head of Passes in New Orleans, LA.
(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 Sector New Orleans (COTP) in the enforcement of the
security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(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) Enforcement Period. This section will be enforced from 3 p.m.
on October 3, 2025, through 10 p.m. on October 5, 2025.
Dated: September 26, 2025.
M.A. Burnham,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector New
Orleans.
[FR Doc. 2025-19115 Filed 9-30-25; 8:45 am]
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