81_FR_8680 81 FR 8646 - Moving Security Zone; Escorted Vessels; MM 90.0-106.0, Lower Mississippi River; New Orleans, LA

81 FR 8646 - Moving Security Zone; Escorted Vessels; MM 90.0-106.0, Lower Mississippi River; New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 34 (February 22, 2016)

Page Range8646-8649
FR Document2016-02282

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. This rule follows the interim rule that published in the Federal Register on February 5, 2015, re-establishing the same moving security zone regulations 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 specific to making this rule a permanent final rule.

Federal Register, Volume 81 Issue 34 (Monday, February 22, 2016)
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8646-8649]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02282]



[[Page 8646]]

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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.

-----------------------------------------------------------------------

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. This rule follows the interim rule that published in the 
Federal Register on February 5, 2015, re-establishing the same moving 
security zone regulations 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 specific to making this rule a permanent final rule.

DATES: This rule is effective without actual notice from February 22, 
2016. For the purposes of enforcement, actual notice will be used from 
December 30, 2015 until February 22, 2016. Comments and related 
material must be received by the Coast Guard on or before April 22, 
2016.

ADDRESSES: You may submit comments identified by docket number [USCG-
2014-0995] using the Federal eRulemaking Portal at http://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 on this interim 
rule, call or email Commander (CDR) Kelly Denning, Sector New Orleans, 
U.S. Coast Guard; telephone (504) 365-2391, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

AHP Above Head of Passes
CFR Code of Federal Regulation
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On a routine basis, the Coast Guard previously established similar 
temporary moving security zones around escorted vessels as temporary 
final rules (TFR) for the Lower Mississippi River. Those TFRs are 
accessible as explained above under ADDRESSES, [Docket Number USCG-
2013-0994, 79 FR 7587, Feb. 10, 2014 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 through those TFRs. Docket 
USCG-2013-0994 established a 100 yard zone and Docket USCG-2011-1063 
established a 300 yard zone.
    The Coast Guard preceded this rule with another interim rule with 
request for comments. Based on the quality of communication and 
additional time allowed to grant permission to deviate from the rules, 
the Coast Guard utilized the 300 yard zone for the previous interim 
rule. On February 5, 2015, the previous interim rule was published in 
the Federal Register (80 FR 6448). That interim rule was effective from 
January 31, 2015 through July 1, 2015 without prior notice through 
publication in the Federal Register, but also requested comments. The 
Coast Guard received no comments on that interim rule and no requests 
for public meetings. No public meetings were held. This rule re-
establishes the previous interim rule without changes with one 
exception in the form of a technical revision which is discussed in 
section III of this document below.
    Through the previous interim rule, the Coast Guard enforced 
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 were noticed 
through broadcast notices to mariners. The Coast Guard did not receive 
any feedback causing us to believe the public opposes restrictions in 
future years to continue facilitating safe navigation and commerce 
during times of increased activity on and around the waterway.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
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 dignitaries or VIPs, 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 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 rule enables the COTP New 
Orleans to provide effective port security. This 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.
    The Coast Guard is issuing this interim rule without prior notice 
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 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

[[Page 8647]]

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. The Coast Guard finds that good cause exists for making this 
interim rule effective less than 30 days after publication in the 
Federal Register under 5 U.S.C. 553(d)(3). Delaying the effective date 
of this rule is unnecessary. From January 31, 2015 to July 1, 2015, the 
previous interim rule was in effect and public comments were requested. 
No public comments or requests for public meetings were received during 
the effective period. External outreach to port and waterways 
stakeholders confirmed no opposition to the interim rule as published. 
As no substantive changes have been made to this interim rule, delaying 
the effective date of the rule is unnecessary.

III. Discussion of Interim Rule

    Through this interim rule, the Coast Guard is re-establishing 
temporary moving security zones as previously established under 33 CFR 
165.843, published in the Federal Register on February 5, 2015 (80 FR 
6448). As provided in the previous rule, 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 on-scene 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.
    The previous interim rule also requested comments. No comments were 
received. No changes to the restrictions or regulations of the rule 
have been made from the previous interim rule. One technical amendment 
is being made to the rule. As previously published, paragraph (d) read 
``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.'' In this interim rule, 
this section is changed to reflect the appropriate paragraph referenced 
for the description of the regulated area, which is paragraph (c) of 
the regulation. Paragraph (d) reads as follows; ``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 (c) of this section. 
The security zone will not extend beyond the boundary of the regulated 
area in this section.''

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This interim rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the interim rule 
has not been reviewed by the Office of Management and Budget.
    This interim rule is not a significant regulatory action because 
each individual temporary moving security zone enforced under this 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.

[[Page 8648]]

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 
would 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 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. 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 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 rule involves temporary moving security zones that 
prohibit 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 of Commandant 
Instruction M16475.lD. 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.

G. 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.

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. We 
specifically seek comments regarding making this interim rule a 
permanent final rule in its current form for 2016 and as it was 
effective between January and July of 2015. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION

[[Page 8649]]

CONTACT section of this document for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this rule as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 
22 CFR part 165 to read 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: 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.


0
2. Add Sec.  165.843 to read as follows:


Sec.  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 a 
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; or
    (iii) Creating an excessive wake or surge.
    (b) 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.
    (c) 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.
    (d) 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.
    (e) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of subpart D of this part, 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]
    (f) 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: December 30, 2015.
W.R. Arguin,
Captain, U.S. Coast Guard, Acting Captain of the Port New Orleans.
[FR Doc. 2016-02282 Filed 2-19-16; 8:45 am]
BILLING CODE 9110-04-P



                                                8646             Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations

                                                DEPARTMENT OF HOMELAND                                  I. Table of Acronyms                                  receive any feedback causing us to
                                                SECURITY                                                AHP Above Head of Passes
                                                                                                                                                              believe the public opposes restrictions
                                                                                                        CFR Code of Federal Regulation                        in future years to continue facilitating
                                                Coast Guard                                             COTP Captain of the Port                              safe navigation and commerce during
                                                                                                        DHS Department of Homeland Security                   times of increased activity on and
                                                33 CFR Part 165                                         E.O. Executive order                                  around the waterway.
                                                                                                        FR Federal Register                                      The legal basis and authorities for this
                                                [Docket Number–USCG–2014–0995]
                                                                                                        MM Mile Marker                                        rule are found in 33 U.S.C. 1231; 50
                                                RIN 1625–AA87                                           NPRM Notice of Proposed Rulemaking                    U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                                                                                        Pub. L. Public Law                                    6.04–6, and 160.5; and Department of
                                                Moving Security Zone; Escorted                          § Section                                             Homeland Security Delegation No.
                                                Vessels; MM 90.0–106.0, Lower                           U.S.C. United States Code
                                                                                                                                                              0170.1, which collectively authorize the
                                                Mississippi River; New Orleans, LA                      II. Background, Purpose, and Legal                    Coast Guard to establish and define
                                                                                                        Basis                                                 regulatory security zones. The purpose
                                                AGENCY:  Coast Guard, DHS.
                                                                                                                                                              of this rule is to provide enhanced
                                                ACTION: Interim rule.                                      On a routine basis, the Coast Guard
                                                                                                                                                              protections related to escorted vessels
                                                                                                        previously established similar
                                                SUMMARY:    The Coast Guard is                                                                                transiting through the Lower
                                                                                                        temporary moving security zones
                                                establishing an interim rule, providing                                                                       Mississippi River between river miles
                                                                                                        around escorted vessels as temporary
                                                                                                                                                              90.0 to 106.0 AHP during times of
                                                for temporary moving security zones                     final rules (TFR) for the Lower
                                                                                                                                                              increased activity on and around the
                                                around vessels being escorted by one or                 Mississippi River. Those TFRs are
                                                                                                                                                              waterway. During these times, certain
                                                more Coast Guard or other Federal,                      accessible as explained above under
                                                                                                                                                              vessels, including high capacity
                                                State, or local law enforcement assets,                 ADDRESSES, [Docket Number USCG–
                                                                                                                                                              passenger vessels, vessels carrying
                                                on the navigable waters of the Lower                    2013–0994, 79 FR 7587, Feb. 10, 2014                  dignitaries or VIPs, vessels carrying
                                                Mississippi River, New Orleans, LA.                     and Docket Number USCG–2011–1063,                     certain dangerous cargoes as defined in
                                                This rule follows the interim rule that                 77 FR 30402, May 23, 2012]. There is a                33 CFR part 60, tank vessels constructed
                                                published in the Federal Register on                    difference in the size of the moving                  to carry oil or hazardous materials in
                                                February 5, 2015, re-establishing the                   security zones previously established                 bulk, and vessels carrying liquefied
                                                same moving security zone regulations                   through those TFRs. Docket USCG–                      hazardous gas as defined in 33 CFR part
                                                necessary for the safe transit and                      2013–0994 established a 100 yard zone                 127 have been deemed by the COTP
                                                mooring of vessels requiring escort                     and Docket USCG–2011–1063                             New Orleans to require escort
                                                protection by the Coast Guard for                       established a 300 yard zone.                          protection.
                                                security reasons as well as the safety                     The Coast Guard preceded this rule                    As an additional protective measure
                                                and security of personnel and port                      with another interim rule with request                for all those transiting the waterway
                                                facilities. Entry into, remaining in or                 for comments. Based on the quality of                 during a vessel’s escort, the Coast Guard
                                                transiting through these zones is                       communication and additional time                     will establish temporary moving
                                                prohibited for all vessels, mariners, and               allowed to grant permission to deviate                security zones restricting navigation in
                                                persons unless specifically authorized                  from the rules, the Coast Guard utilized              portions of the Lower Mississippi River
                                                by the Captain of the Port New Orleans                  the 300 yard zone for the previous                    between river miles 90.0 to 106.0 AHP
                                                or a designated representative. The                     interim rule. On February 5, 2015, the                to provide both waterway and waterside
                                                Coast Guard seeks comments on this                      previous interim rule was published in                security and protection. These security
                                                interim rule specific to making this rule               the Federal Register (80 FR 6448). That               zones are necessary to protect life and
                                                a permanent final rule.                                 interim rule was effective from January               property, surrounding and including
                                                DATES: This rule is effective without                   31, 2015 through July 1, 2015 without                 escorted vessels and their personnel
                                                actual notice from February 22, 2016.                   prior notice through publication in the               from destruction, loss or injury from
                                                For the purposes of enforcement, actual                 Federal Register, but also requested                  sabotage or other subversive acts,
                                                notice will be used from December 30,                   comments. The Coast Guard received no                 accidents or other causes of a similar
                                                2015 until February 22, 2016.                           comments on that interim rule and no                  nature. This rule enables the COTP New
                                                Comments and related material must be                   requests for public meetings. No public               Orleans to provide effective port
                                                received by the Coast Guard on or before                meetings were held. This rule re-                     security. This rule is also intended to
                                                April 22, 2016.                                         establishes the previous interim rule                 minimize confusion and reduce
                                                ADDRESSES: You may submit comments
                                                                                                        without changes with one exception in                 administrative burdens related to
                                                identified by docket number [USCG–                      the form of a technical revision which                implementing multiple individual
                                                2014–0995] using the Federal                            is discussed in section III of this                   temporary rulemakings for each security
                                                eRulemaking Portal at http://                           document below.                                       zone related to an escorted vessel.
                                                www.regulations.gov. See the ‘‘Public                      Through the previous interim rule,                    The Coast Guard is issuing this
                                                Participation and Request for                           the Coast Guard enforced temporary                    interim rule without prior notice
                                                Comments’’ portion of the                               moving security zones around vessels                  pursuant to authority under section 4(a)
                                                SUPPLEMENTARY INFORMATION section for
                                                                                                        being escorted by one or more Coast                   of the Administrative Procedure Act
                                                further instructions on submitting                      Guard or other Federal, State, or local               (APA) (5 U.S.C. 553(b)). This provision
                                                comments.                                               law enforcement assets on the navigable               authorizes an agency to issue a rule
                                                                                                        waters of the Lower Mississippi River                 without prior notice when the agency
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                                                FOR FURTHER INFORMATION CONTACT:    If                  between river miles 90.0 to 106.0 Above               for good cause finds that those
                                                you have questions on this interim rule,                Head of Passes (AHP), New Orleans, LA.                procedures are ‘‘impracticable,
                                                call or email Commander (CDR) Kelly                     Once in effect, the specific enforcement              unnecessary, or contrary to the public
                                                Denning, Sector New Orleans, U.S.                       dates and times for a temporary moving                interest.’’ Under 5 U.S.C. 553(b)(B), the
                                                Coast Guard; telephone (504) 365–2391,                  security zone around an escorted vessel               Coast Guard finds that good cause exists
                                                email Kelly.K.Denning@uscg.mil.                         were noticed through broadcast notices                for not publishing a notice of proposed
                                                SUPPLEMENTARY INFORMATION:                              to mariners. The Coast Guard did not                  rulemaking (NPRM) with respect to this


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                                                                 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations                                          8647

                                                rule. Minimal notice regarding vessel                   designated representative. A vessel may               section is changed to reflect the
                                                escort operations is customary for                      request permission from the COTP New                  appropriate paragraph referenced for the
                                                security purposes. Based on risk                        Orleans or the on-scene Coast Guard or                description of the regulated area, which
                                                evaluations completed, and information                  enforcement agency asset to deviate                   is paragraph (c) of the regulation.
                                                gathered after evaluating the security                  from the requirements of this rule.                   Paragraph (d) reads as follows; ‘‘Security
                                                needs for escorted vessels during a                     Deviations from this rule may be                      Zone: A temporary moving security
                                                period of high activity on and around                   requested from the COTP New Orleans                   zone, extending 300 yards in all
                                                the waterway, the Coast Guard                           through the on-scene Coast Guard or                   directions of an escorted vessel, will be
                                                determined that moving security zones                   enforcement agency asset, via VHF Ch.                 established around each escorted vessel
                                                are required. These moving security                     16 or 67. If permitted to enter the                   within the regulated area described in
                                                zones are needed to protect life and                    security zone or deviate from this rule,              paragraph (c) of this section. The
                                                property, surrounding and including                     a vessel must proceed at the minimum                  security zone will not extend beyond
                                                escorted vessels and their personnel                    safe speed possible for safe navigation               the boundary of the regulated area in
                                                from destruction, loss, or injury from                  and must comply with all orders issued                this section.’’
                                                sabotage or other subversive acts,                      by the COTP New Orleans or the on-
                                                accidents, or other causes of a similar                 scene asset. Vessels permitted to deviate             IV. Regulatory Analyses
                                                nature during vessel escort operations.                 from this rule and transit through the
                                                The NPRM process would be contrary to                   security zone shall maintain a distance                 We developed this rule after
                                                public interest by delaying the effective               of at least 50 yards from the escorted                considering numerous statutes and
                                                date or foregoing the necessary                         vessel.                                               executive orders (E.O.s) related to
                                                protections required for persons and                       An escorted vessel is a vessel, other              rulemaking. Below we summarize our
                                                property, surrounding and including                     than a large U.S. naval vessel as defined             analyses based on a number of these
                                                escorted vessels and their personnel.                   in 33 CFR 165.2015, that is                           statutes and E.O.s, and we discuss First
                                                Immediate action for each vessel escort                 accompanied by one or more Coast                      Amendment rights of protestors.
                                                and security zone is necessary to                       Guard assets or other Federal, State or               A. Regulatory Planning and Review
                                                provide both waterway and waterside                     local law enforcement agency assets,
                                                security and protection for life and                    clearly identifiable by flashing lights,                 E.O.s 12866 and 13563 direct agencies
                                                property, surrounding and including                     vessel markings, or with agency insignia              to assess the costs and benefits of
                                                escorted vessels and their personnel on                 as listed below: Coast Guard surface or               available regulatory alternatives and, if
                                                the Lower Mississippi River. The Coast                  air asset displaying the Coast Guard                  regulation is necessary, to select
                                                Guard finds that good cause exists for                  insignia; Federal, State and/or local law             regulatory approaches that maximize
                                                making this interim rule effective less                 enforcement asset displaying the                      net benefits. E.O. 13563 emphasizes the
                                                than 30 days after publication in the                   applicable agency markings and/or                     importance of quantifying both costs
                                                Federal Register under 5 U.S.C.                         equipment associated with the agency.                 and benefits, of reducing costs, of
                                                553(d)(3). Delaying the effective date of                  In addition to the presence of these               harmonizing rules, and of promoting
                                                this rule is unnecessary. From January                  law enforcement assets for escorted                   flexibility. This interim rule has not
                                                31, 2015 to July 1, 2015, the previous                  vessels, the COTP New Orleans or a                    been designated a ‘‘significant
                                                interim rule was in effect and public                   designated representative will inform                 regulatory action,’’ under E.O. 12866.
                                                comments were requested. No public                      the public through a broadcast notice to              Accordingly, the interim rule has not
                                                comments or requests for public                         mariners that a temporary moving                      been reviewed by the Office of
                                                meetings were received during the                       security zone is in effect around the                 Management and Budget.
                                                effective period. External outreach to                  escorted vessel. The broadcast notice to
                                                port and waterways stakeholders                         mariners of each temporary moving                        This interim rule is not a significant
                                                confirmed no opposition to the interim                  security zone concerning escorted                     regulatory action because each
                                                rule as published. As no substantive                    vessels will inform the public of the                 individual temporary moving security
                                                changes have been made to this interim                  enforcement period, size of the zone,                 zone enforced under this rule will be in
                                                rule, delaying the effective date of the                and the navigable waters that will be                 effect for short periods of time and
                                                rule is unnecessary.                                    affected. The broadcast notice will                   notifications to the marine community
                                                                                                        normally be issued at approximately 30-               will be made through broadcast notices
                                                III. Discussion of Interim Rule                         minute intervals while the temporary                  to mariners. Deviation from this rule
                                                   Through this interim rule, the Coast                 moving security zone restrictions                     may be requested and will be
                                                Guard is re-establishing temporary                      remain in effect.                                     considered on a case-by-case basis by
                                                moving security zones as previously                        The previous interim rule also                     the COTP New Orleans or the on-scene
                                                established under 33 CFR 165.843,                       requested comments. No comments                       Coast Guard or enforcement agency
                                                published in the Federal Register on                    were received. No changes to the                      asset. Approved deviations will allow
                                                February 5, 2015 (80 FR 6448). As                       restrictions or regulations of the rule               other vessels transiting the area to
                                                provided in the previous rule, the COTP                 have been made from the previous                      transit through the security zone,
                                                New Orleans will enforce temporary                      interim rule. One technical amendment                 maintaining a distance of at least 50
                                                moving security zones related to                        is being made to the rule. As previously              yards from the escorted vessel.
                                                escorted vessels. Each security zone will               published, paragraph (d) read ‘‘Security              Additionally, the security zones are
                                                extend 300 yards in all directions from                 Zone: A temporary moving security                     located within the New Orleans Harbor
                                                the escorted vessel as it transits the                  zone, extending 300 yards in all                      Vessel Service Area where vessels are
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                                                Lower Mississippi River between river                   directions of an escorted vessel, will be             required to check in when entering the
                                                miles 90.0 to 106.0 AHP. Persons and                    established around each escorted vessel               area or departing berth. This check in
                                                vessels are prohibited from entering,                   within the regulated area described in                requirement can assist in early review
                                                remaining in or transiting through the                  paragraph (b) of this section. The                    and granting of permission to deviate
                                                security zone surrounding escorted                      security zone will not extend beyond                  from this rule. Therefore, the impacts on
                                                vessels, unless authorized by the Coast                 the boundary of the regulated area in                 routine navigation are expected to be
                                                Guard COTP New Orleans or a COTP                        this section.’’ In this interim rule, this            minimal.


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                                                8648             Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations

                                                B. Impact on Small Entities                             organization, or governmental                         complying with the National
                                                   The Regulatory Flexibility Act of                    jurisdiction and you have questions                   Environmental Policy Act of 1969 (42
                                                1980, 5 U.S.C. 601–612, as amended,                     concerning its provisions or options for              U.S.C. 4321–4370f), and have made a
                                                requires Federal agencies to consider                   compliance, please contact the person                 preliminary determination that this
                                                the potential impact of regulations on                  listed in the FOR FURTHER INFORMATION                 action is one of a category of actions that
                                                small entities during rulemaking. The                   CONTACT section. The Coast Guard will                 do not individually or cumulatively
                                                term ‘‘small entities’’ comprises small                 not retaliate against small entities that             have a significant effect on the human
                                                businesses, not-for-profit organizations                question or complain about this rule or               environment. This rule involves
                                                that are independently owned and                        any policy or action of the Coast Guard.              temporary moving security zones that
                                                operated and are not dominant in their                                                                        prohibit persons and vessels from
                                                                                                        C. Collection of Information
                                                fields, and governmental jurisdictions                                                                        entering, remaining in or transiting
                                                                                                          This rule would not call for a new                  through the security zone surrounding
                                                with populations of less than 50,000.
                                                                                                        collection of information under the                   escorted vessels as they transit within
                                                The Coast Guard certifies under 5 U.S.C.
                                                                                                        Paperwork Reduction Act of 1995 (44                   the navigable waters of the Lower
                                                605(b) that this rule would not have a
                                                                                                        U.S.C. 3501–3520).                                    Mississippi between river miles 90.0 to
                                                significant economic impact on a
                                                substantial number of small entities.                   D. Federalism and Indian Tribal                       106.0 AHP, unless authorized by the
                                                   This rule will affect the following                  Governments                                           Coast Guard COTP or a COTP
                                                entities, some of which may be small                                                                          designated representative. This rule is
                                                                                                           A rule has implications for federalism             categorically excluded from further
                                                entities: The owners or operators of                    under E.O. 13132, Federalism, if it has
                                                vessels, intending to transit in the                                                                          review under paragraph (34)(g) of Figure
                                                                                                        a substantial direct effect on the States,            2–1 of Commandant Instruction
                                                vicinity of escorted vessels between                    on the relationship between the national
                                                river miles 90.0 and 106.0 AHP of the                                                                         M16475.lD. An environmental analysis
                                                                                                        government and the States, or on the                  checklist supporting this determination
                                                Lower Mississippi River. This rule will                 distribution of power and
                                                not have significant impact on a                                                                              and a Categorical Exclusion
                                                                                                        responsibilities among the various                    Determination are available in the
                                                substantial number of small entities                    levels of government. We have analyzed
                                                because the zones will be of limited                                                                          docket where indicated under
                                                                                                        this rule under that Order and have                   ADDRESSES. We seek any comments or
                                                sizes, encompassing the escorted vessel,                determined that it is consistent with the
                                                of short durations and notifications to                                                                       information that may lead to the
                                                                                                        fundamental federalism principles and                 discovery of a significant environmental
                                                the marine community will be made                       preemption requirements described in
                                                through broadcast notices to mariners.                                                                        impact from this rule.
                                                                                                        E.O. 13132.
                                                In some cases, the security zones will                     Also, this rule does not have tribal               G. Protest Activities
                                                leave ample space for vessels to navigate               implications under E.O. 13175,
                                                around them. If not, and security                                                                               The Coast Guard respects the First
                                                                                                        Consultation and Coordination with
                                                conditions permit, the COTP will                                                                              Amendment rights of protesters.
                                                                                                        Indian Tribal Governments, because it
                                                attempt to provide flexibility for                                                                            Protesters are asked to contact the
                                                                                                        would not have a substantial direct
                                                individual vessels to transit through the                                                                     person listed in the FOR FURTHER
                                                                                                        effect on one or more Indian tribes, on
                                                zones as needed. Deviation from this                                                                          INFORMATION CONTACT section to
                                                                                                        the relationship between the Federal
                                                rule may be requested and will be                                                                             coordinate protest activities so that your
                                                                                                        Government and Indian tribes, or on the
                                                considered on a case-by-case basis by                                                                         message can be received without
                                                                                                        distribution of power and
                                                the COTP or the on-scene Coast Guard                                                                          jeopardizing the safety or security of
                                                                                                        responsibilities between the Federal
                                                or enforcement agency asset. Approved                                                                         people, places, or vessels.
                                                                                                        Government and Indian tribes. If you
                                                deviations will allow other vessels                     believe this rule has implications for                V. Public Participation and Request for
                                                transiting the area to transit through the              federalism or Indian tribes, please                   Comments
                                                security zone, maintaining a distance of                contact the person listed in the FOR
                                                at least 50 yards from the escorted                                                                              We view public participation as
                                                                                                        FURTHER INFORMATION CONTACT section
                                                vessel. Additionally, the security zones                                                                      essential to effective rulemaking, and
                                                                                                        above.
                                                are located within the New Orleans                                                                            will consider all comments and material
                                                Harbor Vessel Service Area where                        E. Unfunded Mandates Reform Act                       received during the comment period.
                                                vessels are required to check in when                     The Unfunded Mandates Reform Act                    Your comment can help shape the
                                                entering the area or departing berth.                   of 1995 (2 U.S.C. 1531–1538) requires                 outcome of this rulemaking. We
                                                This check-in requirement can assist in                 Federal agencies to assess the effects of             specifically seek comments regarding
                                                early review and granting of permission                 their discretionary regulatory actions. In            making this interim rule a permanent
                                                to deviate from the rule.                               particular, the Act addresses actions                 final rule in its current form for 2016
                                                   If you think that your business,                     that may result in the expenditure by a               and as it was effective between January
                                                organization, or governmental                           State, local, or tribal government, in the            and July of 2015. If you submit a
                                                jurisdiction qualifies as a small entity                aggregate, or by the private sector of                comment, please include the docket
                                                and that this rule would have a                         $100,000,000 (adjusted for inflation) or              number for this rulemaking, indicate the
                                                significant economic impact on it,                      more in any one year. Though this rule                specific section of this document to
                                                please submit a comment (see                            will not result in such an expenditure,               which each comment applies, and
                                                ADDRESSES) explaining why you think it                  we do discuss the effects of this rule                provide a reason for each suggestion or
                                                qualifies and how and to what degree                    elsewhere in this preamble.                           recommendation.
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                                                this rule would economically affect it.                                                                          We encourage you to submit
                                                   Under section 213(a) of the Small                    F. Environment                                        comments through the Federal
                                                Business Regulatory Enforcement                           We have analyzed this rule under                    eRulemaking Portal at http://
                                                Fairness Act of 1996 (Pub. L. 104–121),                 Department of Homeland Security                       www.regulations.gov. If your material
                                                we want to assist small entities in                     Management Directive 023–01 and                       cannot be submitted using http://
                                                understanding this rule. If the rule                    Commandant Instruction M16475.lD,                     www.regulations.gov, contact the person
                                                would affect your small business,                       which guide the Coast Guard in                        in the FOR FURTHER INFORMATION


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                                                                 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations                                                8649

                                                CONTACT section of this document for                    asset displaying the Coast Guard                      Guard or other agency asset to enter the
                                                alternate instructions.                                 insignia. State and/or local law                      security zone described in paragraph (c)
                                                   We accept anonymous comments. All                    enforcement asset displaying the                      of this section.
                                                comments received will be posted                        applicable agency markings and/or                        (i) If permission to enter and transit
                                                without change to http://                               equipment associated with the agency.                 through the security zone is granted, the
                                                www.regulations.gov and will include                       Minimum safe speed for navigation                  vessel shall operate at the minimum
                                                any personal information you have                       means the speed at which a vessel                     speed necessary to maintain a safe
                                                provided. For more about privacy and                    proceeds when it is fully off plane,                  course, unless required to maintain
                                                the docket, you may review a Privacy                    completely settled in the water and not               speed by the Navigation Rules, and
                                                Act notice regarding the Federal Docket                 creating excessive wake or surge. Due to              must proceed as directed by the COTP
                                                Management System in the March 24,                      the different speeds at which vessels of              or a designated representative. When
                                                2005, issue of the Federal Register (70                 different sizes and configurations may                within the security zone, no vessel or
                                                FR 15086).                                              travel while in compliance with this                  person is allowed within 50 yards of the
                                                   Documents mentioned in this rule as                  definition, no specific speed is assigned             escorted vessel unless authorized by the
                                                being available in the docket, and all                  to a minimum safe speed for navigation.               Coast Guard.
                                                public comments, will be in our online                  In no instance should minimum safe                       (ii) [Reserved]
                                                docket at http://www.regulations.gov                    speed be interpreted as a speed less than                (f) Contact information. The COTP
                                                and can be viewed by following that                     that required for a particular vessel to              New Orleans may be reached via phone
                                                Web site’s instructions. Additionally, if               maintain steerageway. A vessel is not                 at (504) 365–2200. Any on-scene Coast
                                                you go to the online docket and sign up                 proceeding at minimum safe speed if it                Guard or designated representative
                                                for email alerts, you will be notified                  is:                                                   assets may be reached via VHF–FM
                                                when comments are posted or a final                        (i) On a plane;                                    channel 16 or 67.
                                                rule is published.                                         (ii) In the process of coming up, onto                Dated: December 30, 2015.
                                                                                                        or coming off a plane; or
                                                List of Subjects in 33 CFR Part 165                                                                           W.R. Arguin,
                                                                                                           (iii) Creating an excessive wake or
                                                                                                        surge.                                                Captain, U.S. Coast Guard, Acting Captain
                                                  Harbors, Marine safety, Navigation                                                                          of the Port New Orleans.
                                                (water), Reporting and recordkeeping                       (b) Regulated area. All navigable
                                                                                                        waters, as defined in 33 CFR 2.36, on                 [FR Doc. 2016–02282 Filed 2–19–16; 8:45 am]
                                                requirements, Security measures,
                                                Waterways.                                              the Lower Mississippi River between                   BILLING CODE 9110–04–P
                                                                                                        river miles 90.0 to 106.0 Above Head of
                                                  For the reasons discussed in the
                                                                                                        Passes (AHP), New Orleans, Louisiana.
                                                preamble, the Coast Guard amends 22                        (c) Security zone. A temporary                     LIBRARY OF CONGRESS
                                                CFR part 165 to read as follows:                        moving security zone, extending 300
                                                                                                        yards in all directions of an escorted                Copyright Royalty Board
                                                PART 165—REGULATED NAVIGATION
                                                AREAS AND LIMITED ACCESS AREAS                          vessel, will be established around each
                                                                                                        escorted vessel within the regulated area             37 CFR Part 351
                                                ■ 1. The authority citation for part 165                described in paragraph (b) of this                    [Docket No. 15–CRB–0012 RM]
                                                continues to read as follows:                           section. The security zone will not
                                                  Authority: 33 U.S.C. 1231; 46 U.S.C.
                                                                                                        extend beyond the boundary of the                     Proceedings of the Copyright Royalty
                                                Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;            regulated area in this section.                       Board; Technical Amendment
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                  (d) Notice of security zone. The COTP
                                                                                                        will inform the public of the existence               AGENCY:  Copyright Royalty Board,
                                                Pub. L. 107–295, 116 Stat. 2064; Department
                                                of Homeland Security Delegation No. 0170.1.             or status of any temporary moving                     Library of Congress.
                                                                                                        security zones around escorted vessels                ACTION: Final rule; technical
                                                ■   2. Add § 165.843 to read as follows:                                                                      amendment.
                                                                                                        in the regulated area by broadcast
                                                § 165.843 Moving Security Zone; Escorted                notices to mariners. The broadcast
                                                                                                                                                              SUMMARY:    The Copyright Royalty Judges
                                                Vessels; Lower Mississippi River; New                   notice to mariners will inform the
                                                Orleans, LA.                                                                                                  are adopting a technical amendment to
                                                                                                        public of the enforcement period, size of
                                                                                                                                                              a Copyright Royalty Board rule
                                                  (a) Definitions. The following                        the zone, and the navigable waters that
                                                                                                                                                              regarding participation in distribution
                                                definitions apply to this section:                      will be affected, and will normally be
                                                                                                                                                              proceedings. The technical amendment
                                                  COTP means Captain of the Port New                    issued at approximately 30-minute
                                                                                                                                                              updates the threshold requirement for
                                                Orleans, LA.                                            intervals while the moving security
                                                  Designated representatives means                                                                            payment of a filing fee to conform the
                                                                                                        zone remains in effect. Escorted vessels
                                                Coast Guard Patrol Commanders                                                                                 rule to a statutory provision.
                                                                                                        will be identified by the presence of
                                                including Coast Guard coxswains, petty                                                                        DATES: Effective February 22, 2016.
                                                                                                        Coast Guard assets or other Federal,
                                                officers and other officers operating                   State or local law enforcement agency                 FOR FURTHER INFORMATION CONTACT:
                                                Coast Guard vessels, and Federal, State,                assets clearly identified by flashing                 LaKeshia Keys (202) 707–7658 or email
                                                and local officers designated by or                     lights, vessel markings, or agency                    at crb@loc.gov.
                                                assisting the COTP, in the enforcement                  insignia.                                             SUPPLEMENTARY INFORMATION: On
                                                of the security zone.                                      (e) Regulations. (1) In accordance with            October 6, 2006, Congress enacted the
                                                  Escorted vessel means a vessel, other                 the general regulations in § 165.33 of                Copyright Royalty Judges Program
                                                than a large U.S. naval vessel as defined               subpart D of this part, no person or                  Technical Corrections Act. Public Law
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                                                in 33 CFR 165.2015, that is                             vessel may enter or remain in a security              109–303, 120 Stat. 1478 (2006). Among
                                                accompanied by one or more Coast                        zone without the permission of the                    other things, the Technical Corrections
                                                Guard assets or other Federal, State or                 Captain of the Port. Section 165.33 also              Act changed Section 803(b)(2)(D)(ii)(II)
                                                local law enforcement agency assets                     contains other general requirements.                  of the Copyright Act, which requires
                                                clearly identifiable by flashing lights,                   (2) Vessels may request permission                 parties that wish to participate in a
                                                vessel markings, or with agency insignia                from the Captain of the Port New                      Copyright Royalty Board royalty
                                                as follows: Coast Guard surface or air                  Orleans through the on-scene Coast                    distribution proceeding to pay a $150


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Document Created: 2016-02-19 23:56:41
Document Modified: 2016-02-19 23:56:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule.
DatesThis rule is effective without actual notice from February 22, 2016. For the purposes of enforcement, actual notice will be used from December 30, 2015 until February 22, 2016. Comments and related material must be received by the Coast Guard on or before April 22, 2016.
ContactIf you have questions on this interim rule, call or email Commander (CDR) Kelly Denning, Sector New Orleans, U.S. Coast Guard; telephone (504) 365-2391, email [email protected]
FR Citation81 FR 8646 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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