6448 Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations 

coal problems added to the AML 

inventory in a new or existing problem 

area. 

[FR Doc. 2015–02278 Filed 2–4–15; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number–USCG–2014–0995] 

RIN 1625–AA87 

Moving Security Zone; Escorted 

Vessels; MM 90.0–106.0, Lower 

Mississippi River; New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing an interim rule providing 

for temporary moving security zones 

around vessels being escorted by one or 

more Coast Guard or other Federal, 

State, or local law enforcement assets, 

on the navigable waters of the Lower 

Mississippi River, New Orleans, LA. 

These temporary moving security zones 

are necessary for the safe transit and 

mooring of vessels requiring escort 

protection by the Coast Guard for 

security reasons as well as the safety 

and security of personnel and port 

facilities. Entry into, remaining in or 

transiting through these zones is 

prohibited for all vessels, mariners, and 

persons unless specifically authorized 

by the Captain of the Port New Orleans 

or a designated representative. The 

Coast Guard seeks comments on this 

interim rule before establishing a 

permanent final rule. 

DATES: This rule is effective in the CFR 

on February 5, 2015 through July 1, 

2015. This rule is effective with actual 

notice for purposes of enforcement on 

January 31, 2015. This rule will remain 

in effective through July 1, 2015. 

Comments and related material must be 

received by the Coast Guard on or before 

March 9, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0995]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 interim rule, 

call or email Commander Kelly 

Denning, Sector New Orleans, U.S. 

Coast Guard; telephone (504) 365–2392, 

email Kelly.K.Denning@uscg.mil. If you 

have questions on viewing or submitting 

material to 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 

DHS Department of Homeland Security 

FR Federal Register 

MM Mile Marker 

NPRM Notice of Proposed Rulemaking 

CFR Code of Federal Regulation 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

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. 

You may submit your comments and 

material online at http://

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on ‘‘Submit 

a Comment’’ on the line associated with 

this rulemaking. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this rulemaking. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one, using one of the methods 

specified under ADDRESSES. Requests for 

a public meeting must be received on or 

before March 9, 2015. Please explain 

why you believe a public meeting 

would be beneficial. If we determine 

that one would aid this rulemaking, we 

will hold one at a time and place 

announced by a later notice in the 

Federal Register. 

B. Regulatory History and Information 

On a routine basis, the Coast Guard 

previously established similar 

temporary moving security zones 

around escorted vessels as temporary 

final rules for the Lower Mississippi 

River. Those temporary final rules are 

accessible as explained above under 

ADDRESSES, [Docket Number USCG– 

2013–0994, 79 FR 7587, Feb. 10, 2014 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations 6449 

and Docket Number USCG–2011–1063, 

77 FR 30402, May 23, 2012]. There is a 

difference in the size of the moving 

security zones previously established. 

Docket USCG–2013–0994 established a 

100 yard zone and Docket USCG–2011– 

1063 established a 300 yard zone. Based 

on the quality of communication and 

additional time allowed to grant 

permission to deviate from the rules, the 

Coast Guard will utilize the 300 yard 

zone for this interim rule. Through this 

interim rule, effective January 31, 2015 

through July 1, 2015, the Coast Guard 

will enforce temporary moving security 

zones around vessels being escorted by 

one or more Coast Guard or other 

Federal, State, or local law enforcement 

assets on the navigable waters of the 

Lower Mississippi River between river 

miles 90.0 to 106.0 Above Head of 

Passes (AHP), New Orleans, LA. Once in 

effect, the specific enforcement dates 

and times for a temporary moving 

security zone around an escorted vessel 

will be noticed through broadcast 

notices to mariners. 

The Coast Guard is issuing this 

interim 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. 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 moving security zones 

are required. These moving security 

zones are needed to protect life 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 for each vessel escort 

and security zone is necessary to 

provide both waterway and waterside 

security and protection for life and 

property, surrounding and including 

escorted vessels and their personnel on 

the Lower Mississippi River. 

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. 

C. Basis and Purpose 

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. 

The purpose of this rule is to provide 

enhanced protections related to escorted 

vessels transiting through the Lower 

Mississippi River between river miles 

90.0 to 106.0 AHP 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 Captain 

of the Port (COTP) New Orleans to 

require escort protection. 

As an additional protective measure 

for all those transiting the waterway 

during a vessel’s escort, the Coast Guard 

will establish temporary moving 

security zones restricting navigation in 

portions of the Lower Mississippi River 

between river miles 90.0 to 106.0 AHP 

to provide both waterway and waterside 

security and protection. These security 

zones are necessary to protect life 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. This interim rule enables the 

COTP New Orleans to provide effective 

port security. This interim rule is also 

intended to minimize confusion and 

reduce administrative burdens related to 

implementing multiple individual 

temporary rulemakings for each security 

zone related to an escorted vessel. 

D. Discussion of the Interim Rule 

The Coast Guard is establishing this 

interim rule under which the COTP 

New Orleans will enforce temporary 

moving security zones related to 

escorted vessels. Each security zone will 

extend 300 yards in all directions from 

the escorted vessel as it transits the 

Lower Mississippi River between river 

miles 90.0 to 106.0 AHP. Persons and 

vessels are prohibited from entering, 

remaining in or transiting through the 

security zone surrounding escorted 

vessels, unless authorized by the Coast 

Guard COTP New Orleans or a COTP 

designated representative. A vessel may 

request permission from 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. 

16 or 67. If permitted to enter the 

security zone or deviate from this rule, 

a vessel must proceed at the minimum 

safe speed possible for safe navigation 

and must comply with all orders issued 

by the COTP New Orleans or the onscene asset. Vessels permitted to deviate 

from this rule and transit through the 

security zone shall maintain a distance 

of at least 50 yards from the escorted 

vessel. 

An escorted vessel is a vessel, other 

than a large U.S. naval vessel as defined 

in 33 CFR 165.2015, that is 

accompanied by one or more Coast 

Guard assets or other Federal, State or 

local law enforcement agency assets, 

clearly identifiable by flashing lights, 

vessel markings, or with agency insignia 

as listed below: Coast Guard surface or 

air asset displaying the Coast Guard 

insignia; Federal, State and/or local law 

enforcement asset displaying the 

applicable agency markings and/or 

equipment associated with the agency. 

In addition to the presence of these 

law enforcement assets for escorted 

vessels, the COTP New Orleans or a 

designated representative will inform 

the public through a broadcast notice to 

mariners that a temporary moving 

security zone is in effect around the 

escorted vessel. The broadcast notice to 

mariners of each temporary moving 

security zone concerning escorted 

vessels will inform the public of the 

enforcement period, size of the zone, 

and the navigable waters that will be 

affected. The broadcast notice will 

normally be issued at approximately 30- 

minute intervals while the temporary 

moving security zone restrictions 

remain in effect. 


rljohnson on DSK3VPTVN1PROD with RULES
6450 Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations 

This rule is effective on January 31, 

2015 through July 1, 2015. 

E. 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 the duration of each 

individual temporary moving security 

zone that may be enforced under this 

interim rule and location, the impacts 

on routine navigation are expected to be 

minimal. 

This rule is not a significant 

regulatory action because each 

individual temporary moving security 

zone enforced under this interim 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 security zone, 

maintaining a distance of at least 50 

yards from the escorted vessel. 

Additionally, the security zones are 

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 this rule. Therefore, the impacts on 

routine navigation are expected to be 

minimal. 

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 in the 

vicinity of escorted vessels between 

river miles 90.0 and 106.0 AHP of the 

Lower Mississippi River. This rule will 

not have significant impact on a 

substantial number of small entities 

because the zones will be of limited 

sizes, encompassing the escorted vessel, 

of short durations and notifications to 

the marine community will be made 

through broadcast notices to mariners. 

In some cases, the security zones will 

leave ample space for vessels to navigate 

around them. If not, and security 

conditions permit, the COTP will 

attempt to provide flexibility for 

individual vessels to transit through the 

zones as needed. Deviation from this 

rule may be requested and will be 

considered on a case-by-case basis by 

the COTP or the on-scene Coast Guard 

or enforcement agency asset. Approved 

deviations will allow other vessels 

transiting the area to transit through the 

security zone, maintaining a distance of 

at least 50 yards from the escorted 

vessel. Additionally, the security zones 

are 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. 

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. 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations 6451 

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 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 

temporary moving security zones that 

prohibits persons and vessels from 

entering, remaining in or transiting 

through the security zone surrounding 

escorted vessels as they transit within 

the navigable waters of the Lower 

Mississippi between river miles 90.0 to 

106.0 AHP, unless authorized by the 

Coast Guard COTP or a COTP 

designated representative. This rule is 

categorically excluded from further 

review under paragraph (34)(g) of Figure 

2–1 or the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

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 

■ 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. 

■ 2. Add § 165.843 to read as follows: 

§ 165.843 Moving Security Zone; Escorted 

Vessels; Lower Mississippi River; New 

Orleans, LA. 

(a) Definitions. The following 

definitions apply to this section: 

COTP means Captain of the Port New 

Orleans, LA. 

Designated representatives means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels, and Federal, State, 

and local officers designated by or 

assisting the COTP, in the enforcement 

of the security zone. 

Escorted vessel means a vessel, other 

than a large U.S. naval vessel as defined 

in 33 CFR 165.2015, that is 

accompanied by one or more Coast 

Guard assets or other Federal, State or 

local law enforcement agency assets 

clearly identifiable by flashing lights, 

vessel markings, or with agency insignia 

as follows: Coast Guard surface or air 

asset displaying the Coast Guard 

insignia. State and/or local law 

enforcement asset displaying the 

applicable agency markings and/or 

equipment associated with the agency. 

Minimum safe speed for navigation 

means the speed at which a vessel 

proceeds when it is fully off plane, 

completely settled in the water and not 

creating excessive wake or surge. Due to 

the different speeds at which vessels of 

different sizes and configurations may 

travel while in compliance with this 

definition, no specific speed is assigned 

to minimum safe speed for navigation. 

In no instance should minimum safe 

speed be interpreted as a speed less than 

that required for a particular vessel to 

maintain steerageway. A vessel is not 

proceeding at minimum safe speed if it 

is: 

(i) On a plane; 

(ii) In the process of coming up onto 

or coming off a plane; 

(iii) Creating an excessive wake or 

surge. 

(b) Effective date. This rule is effective 

in the CFR on February 5, 2015, and 

effective with actual notice for purposes 

of enforcement on January 31, 2015, 

through July 15, 2015. 

(c) Regulated area. All navigable 

waters, as defined in 33 CFR 2.36, on 

the Lower Mississippi River between 

river miles 90.0 to 106.0 Above Head of 

Passes (AHP), New Orleans, Louisiana. 

(d) Security zone. A temporary 

moving security zone, extending 300 

yards in all directions of an escorted 

vessel, will be established around each 

escorted vessel within the regulated area 

described in paragraph (b) of this 

section. The security zone will not 

extend beyond the boundary of the 

regulated area in this section. 

(e) Notice of security zone. The COTP 

will inform the public of the existence 

or status of any temporary moving 

security zones around escorted vessels 

in the regulated area by broadcast 

notices to mariners. The broadcast 

notice to mariners will inform the 

public of the enforcement period, size of 

the zone, and the navigable waters that 

will be affected, and will normally be 

issued at approximately 30-minute 

intervals while the moving security 

zone remains in effect. Escorted vessels 

will be identified by the presence of 

Coast Guard assets or other Federal, 

State or local law enforcement agency 

assets clearly identified by flashing 

lights, vessel markings, or agency 

insignia. 

(f) Regulations. (1) In accordance with 

the general regulations in § 165.33, No 

person or vessel may enter or remain in 

a security zone without the permission 

of the Captain of the Port. Section 

165.33 also contains other general 

requirements. 

(2) Vessels may request permission 

from the Captain of the Port New 

Orleans through the on-scene Coast 

Guard or other agency asset to enter the 

security zone described in paragraph (c) 

of this section. 

(i) If permission to enter and transit 

through the security zone is granted, the 

vessel shall operate at the minimum 

speed necessary to maintain a safe 

course, unless required to maintain 

speed by the Navigation Rules, and 

must proceed as directed by the COTP 

or a designated representative. When 

within the security zone, no vessel or 

person is allowed within 50 yards of the 

escorted vessel unless authorized by the 

Coast Guard. 

(ii) [Reserved] 


rljohnson on DSK3VPTVN1PROD with RULES
6452 Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations 

1Previously, we have referred to section 121(c) 

but subsection (c) was redesignated as subsection 

(d), without substantive change to the definition, by 

the amendments to the Rehabilitation Act made by 

the Workforce Innovation and Opportunity Act 

(WIOA), P.L. 113–128. 

(g) Contact information. The COTP 

New Orleans may be reached via phone 

at (504) 365–2200. Any on-scene Coast 

Guard or designated representative 

assets may be reached via VHF–FM 

channel 16 or 67. 

Dated: January 9, 2015. 

P.C. Schifflin, 

Captain, U.S. Coast Guard, Captain of the 

Port New Orleans. 

[FR Doc. 2015–02322 Filed 2–4–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 369 and 371 

[Docket ID ED–2013–OSERS–0083] 

RIN 1820–AB66 

Vocational Rehabilitation Services 

Projects for American Indians With 

Disabilities 

AGENCY: Rehabilitation Services 

Administration (RSA), Office of Special 

Education and Rehabilitative Services, 

Department of Education. 

ACTION: Final rule. 

SUMMARY: The Secretary amends the 

definition of ‘‘reservation’’ under the 

regulations governing the American 

Indian Vocational Rehabilitation 

Services (AIVRS) program to conform to 

the Department’s current interpretation 

and practices. ‘‘Reservation’’ means 

Federal or State Indian reservations; 

public domain Indian allotments; 

former Indian reservations in Oklahoma; 

land held by incorporated Native 

groups, regional corporations, and 

village corporations under the 

provisions of the Alaska Native Claims 

Settlement Act; and defined areas of 

land recognized by a State or the 

Federal Government where there is a 

concentration of tribal members and on 

which the tribal government is 

providing structured activities and 

services. 

DATES: These regulations are effective 

March 9, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Finch, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5147, Potomac Center Plaza 

(PCP), Washington, DC 20202–2800. 

Telephone: (202) 245–7343, or by email: 

Tom.Finch@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: On June 

23, 2014, the Secretary published a 

notice of proposed rulemaking (NPRM) 

for this program in the Federal Register 

(79 FR 35502). The NPRM followed a 

process of consultation under E.O. 

13175 that began with a request for 

tribal input that we published in the 

Federal Register on July 5, 2013 (78 FR 

40458) and continued with tribal 

consultation listening sessions in 

August and September 2013 in Smith 

River, California, and Scottsdale, 

Arizona, respectively. In the NPRM, we 

discussed this process in detail (79 FR 

35506). 

In the NPRM, we sought comment on 

two alternative definitions of 

‘‘reservation’’ as the term is used in 

section 121(d) of the Rehabilitation Act 

of 1973, as amended (the Rehabilitation 

Act) (29 U.S.C. 741(d)).1 Only the 

governing bodies of Indian tribes and 

consortia of those governing bodies 

located on a Federal or State reservation 

are eligible for grants under the AIVRS 

program. 

‘‘Alternative A’’ proposed to amend 

§§ 369.4(b) and 371.4(b) to reflect the 

Department’s current interpretation and 

practices. The Department currently 

interprets the statutory definition of 

‘‘reservation,’’ which uses the term 

‘‘includes’’ before listing areas 

identified as ‘‘reservations’’ as nonexhaustive, and the Department’s 

practice has been to include other land 

areas that it views as equivalent to those 

listed in the statutory definition. Under 

this interpretation, tribes eligible for 

AIVRS grants are those located on land 

specifically identified in the statute— 

Federal or State Indian reservations; 

public domain Indian allotments; 

former Indian reservations in Oklahoma; 

and land held by incorporated Native 

groups, regional corporations, and 

village corporations under the 

provisions of the Alaska Native Claims 

Settlement Act—and those located on a 

defined area of land recognized by a 

State or the Federal Government where 

there is a concentration of tribal 

members and on which the tribal 

government is providing structured 

activities and services. This definition 

includes lands identified in the U.S. 

Census as a State-designated tribal 

statistical area or a tribal-designated 

statistical area or are defined areas of 

land designated by statute, judicial 

decision, or administrative 

determination as areas where members 

of a particular State or federally 

recognized tribe reside. 

Proposed ‘‘Alternative B’’ proposed to 

amend §§ 369.4(b) and 371.4(b) to 

define ‘‘reservation’’ more narrowly as 

only those land areas specifically 

identified in the statutory definition of 

‘‘reservation’’: Federal or State Indian 

reservations; public domain Indian 

allotments; former Indian reservations 

in Oklahoma; and land held by 

incorporated Native groups, regional 

corporations, and village corporations 

under the provisions of the Alaska 

Native Claims Settlement Act. 

We adopt Alternative A. There are no 

differences between Alternative A in the 

NPRM and these final regulations. 

Public Comment: In response to our 

invitation in the NPRM, 56 parties 

submitted comments on the proposed 

alternatives. Fifty commenters wrote in 

support of Alternative A, one wrote in 

support of Alternative B, and five 

suggested other alternatives. We 

organize our discussion of substantive 

issues by the proposed alternative 

definitions. 

Analysis of Comments and Changes: 

An analysis of the comments follows. 

Proposed Alternative A 

Comments: Nearly all of the 

commenters supported proposed 

Alternative A. They gave a number of 

reasons for doing so. Many commenters 

stated that their tribes would lose 

eligibility under Alternative B, that they 

wished to keep the services they 

currently have, and that the loss of 

services would unnecessarily harm 

hundreds of individuals. Without access 

to services, some of these commenters 

stated, many individuals would return 

to prison, relapse into addiction, or be 

unemployed, dependent on welfare, or 

homeless. Others related their personal 

experiences with their tribal vocational 

rehabilitation (VR) programs and stated 

how the programs helped them 

complete necessary education or 

training, find or keep jobs, start small 

businesses, and be productive citizens. 

Some tribal entities, regardless of 

their eligibility under Alternative B, 

stated that the Department should adopt 

Alternative A because broader eligibility 

means that more disabled Indians, who 

are among the neediest Americans and 

are already underserved, could receive 

necessary VR services. These 

commenters also noted that tribes 

operate their VR programs well, even 

often serving nearby members of other 

tribes in addition to their own, and that 

the current standard for eligibility under 

the AIVRS program works well. Still 

other commenters noted that members 

of tribes who would lose eligibility 

under Alternative B would not receive 

equivalent services from State VR 


rljohnson on DSK3VPTVN1PROD with RULES