SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

COTP Captain of the Port

DHS Department of Homeland Security

FR Federal Register

LMR Lower Mississippi River

MM Mile Marker

NPRM Notice of proposed rulemaking

§ Section

U.S.C. United States Code

II. Background and Authority

Sail 250 New Orleans is a major public event that involves visiting tall ships and other vessels that will be moored along the Lower Mississippi River riverfront in New Orleans. A large gathering of attendees is anticipated over the duration of this event, which begins with the first vessel arrivals around May 24, 2026, and ends June 1, 2026. While planning for this event, the Coast Guard determined that existing permanent security zones on the Lower Mississippi River, at 33 CFR 165.812 and 33 CFR 165.846, are inadequate to provide the necessary security for visiting vessels and attendees. The Captain of the Port (COTP) New Orleans determined that it is necessary to create a new temporary regulation to provide for a larger fixed security zone area, and to apply a moving security zone to participating vessels that are not cruise ships or United States naval vessels. Therefore, the COTP is proposing this rule under the authority of 46 U.S.C. 70051 and 70124, which is needed to protect personnel, vessels, and the marine environment in the navigable waters of the Lower Mississippi River in the vicinity of New Orleans.

Because of the risks associated with this event, the Coast Guard is issuing this rule without prior notice and opportunity to comment. As authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable and contrary to public interest. Planners for the Sail 250 New Orleans project continue to develop and refine the timeline for vessel arrivals and other events, and the Coast Guard has not had sufficient time to publish an NPRM, consider public comments, and issue a final rule. The Coast Guard must establish these temporary security zones by May 24, 2026, to provide security to waterway users, visiting vessel crews, other personnel associated with the project, and the public.

For the same reasons, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register .

III. Discussion of the Rule

This rule temporarily establishes fixed and moving security zones for vessels involved in the New Orleans Sail 250 event from 12:01 a.m. on May 24, 2026, through 11:59 p.m. on June 1, 2026. First, it establishes a moving security zone for certain protected vessels designated by the COTP, as they transit the Lower Mississippi River between the Southwest Pass Entrance Lighted Buoy “SW”, at approximate position 28°52′42″ N, 89°25′54″ W [NAD 83] and Lower Mississippi River mile marker 98 in New Orleans, Louisiana. No person or vessel will be allowed to approach within 100 feet of a protected vessel, and vessels within 500 yards of the protected vessel must transit at the minimum safe speed necessary to ( printed page 29369) maintain a safe course past the protected vessel.

Second, it establishes a fixed security zone area from MM 92.7 to MM 98 on the Lower Mississippi River, in the vicinity of the New Orleans riverfront. Vessels and persons are prohibited from entering this area without the permission of the COTP.

V. Regulatory Analyses

We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders.

A. Impact on Small Entities

The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

B. Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

C. Federalism and Indian Tribal Governments

We have analyzed this proposed rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.

Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this proposed rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

E. Environment

We have analyzed this 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 et seq.), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.

This rule establishes a temporary security zone regulation. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination will be available in the docket.

For the reasons discussed in the preamble, the Coast Guard is amending 33 CFR part 165 as follows:

91 FR 29368