Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 34607 

will be at the approximate point of 

44°37′31.62′′ N/124°2′5.42′′ W. 

(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 Columbia River 

(COTP) in the enforcement of the safety 

zone. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the fireworks 

display. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, all non-participants may not 

enter the safety 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 the COTP’s 

representative by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 9:30 to 11 p.m. on 

July 4, 2022. It will be subject to 

enforcement this entire period unless 

the COTP determines it is no longer 

needed, in which case the Coast Guard 

will inform mariners via Notice to 

Mariners. 

Dated: May 24, 2022. 

G.M. Bailey, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Columbia River. 

[FR Doc. 2022–12232 Filed 6–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

William.A.Stewart@uscg.mil. 

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 

§ 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 


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34608 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 

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. 


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Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 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 

■ 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. 

■ 2. Add § 165.846 to read as follows: 

§ 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°57′32′′ N, 90°03′05′′ 

W) to MM 97 (29°55′19′′ N, 90°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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0219; FRL–9911–01– 

R4] 

Air Plan Approval; Mississippi; 

Revision of Excess Emissions 

Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the Mississippi 

Department of Environmental Quality 

(MDEQ) on November 17, 2016, on 

behalf of the State of Mississippi. The 

revision was submitted in response to 

EPA’s SIP call published on June 12, 

2015, concerning excess emissions 

during startup, shutdown, and 

malfunction (SSM) events. The 

submittal requests the revision of 

provisions identified in the 2015 SIP 

call for the Mississippi SIP. EPA is 

proposing approval of the SIP revision 

and proposing to determine that such 

SIP revision corrects the deficiencies 

identified in the June 12, 2015, SIP call. 

DATES: Comments must be received on 

or before July 7, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2022–0219 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 


jspears on DSK121TN23PROD with PROPOSALS1