[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Rules and Regulations]
[Pages 6730-6732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02207]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1013]
RIN 1625-AA00
Safety Zone; Woldenburg Park, Mississippi River, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Captain of the Port New Orleans, under the authority of
the Ports and Waterways Safety Act, has established a temporary safety
zone on the Mississippi River in the vicinity of Woldenburg Park, mile
marker 94 to mile marker 96, extending out 300 feet from the East Bank
of the Mississippi River during Super Bowl 2013 celebratory events. The
Super Bowl is a large scale event that poses many public safety
concerns due to the number of people that will attend. This safety zone
has been established to protect the public from the hazards created by
congested river traffic.
DATES: This rule is effective from 6:00 a.m. on January 29, 2013
through 6:00 a.m. on February 4, 2013. The zone will be enforced
between the hours of 8:00 a.m. and 10:00 p.m. on each day of the
effective period described above.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1013]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Kenneth Blair, Sector New Orleans, U.S. Coast Guard;
telephone (504) 365-2392, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard published a Notice of Proposed Rulemaking (NPRM)
for this Final Rule on December 19, 2012 (77 FR 75079). The comment
period for the NPRM expired on December 30, 2012. The Coast Guard
received no public comments and no requests to extend the comment
period.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Super Bowl events for which
this safety zone is intended to be effective begin the last week of
January 2013. Waiting 30 days after publication in the Federal Register
is contrary to public interest as that would delay the effective date
of this rule until after the Super Bowl events in this area have
completed.
B. Basis and Purpose
The 2013 National Football League Super Bowl in New Orleans,
Louisiana will occur on February 3, 2013. This is a very high profile
event, with tens of thousands of people expected to attend events at
Woldenburg Park and other Mississippi River riverfront locations
before, during, and after the football game. Due to the unusually large
crowds expected along the riverfront, the consequences to the public of
an incident involving a vessel in the immediate area will greatly
increase. To address this concern, the Captain of the Port New Orleans
has established a temporary safety zone on the Mississippi River in the
vicinity of Woldenburg Park, mile marker 94 to mile marker 96,
extending out 300 feet from the East Bank of the Mississippi River.
This safety zone has been established to protect the public from the
potential hazards created by congested river traffic. All vessels are
prohibited from entering into or transiting through the safety zone
without prior approval of the Captain of the Port New Orleans.
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
[[Page 6731]]
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard received no public comments on the proposed
temporary safety zone, therefore there are no changes to the regulatory
text in this final rule.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The impacts on
navigation will be minimal due to the duration and location of the
safety zone, and the fact that vessels will be able to safely navigate
around this area on the Mississippi River. Additionally, vessels may
request permission from the Captain of the Port to enter into or
transit though the safety zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This final rule affects the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit on the Mississippi River in the Vicinity of Woldenburg Park,
New Orleans, Louisiana, mile marker 94 to mile marker 96, between 6:00
a.m. on January 29, 2013 through 6:00 a.m. on February 4, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities because most vessel traffic could
pass safely around the safety zone. Vessel traffic that cannot pass
safely around the safety zone would be allowed to pass through the zone
with the permission of the Captain of the Port New Orleans. Before the
activation of the safety zone, the Captain of the Port New Orleans
would issue maritime advisories widely available to users of the river.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
[[Page 6732]]
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule creates a temporary safety zone on the
Mississippi River in the vicinity of Woldenburg Park, mile marker 94 to
mile marker 96, extending out 300 feet from the East Bank of the
Mississippi River during Super Bowl 2013 celebratory events. The Super
Bowl is a large scale event that poses many public safety concerns due
to the number of people that will attend. This safety zone has been
established to protect the public from the hazards created by congested
river traffic. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
Environmental Analysis Checklist and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.T08-1013 to read as follows:
Sec. 165.T08-1013 Safety Zone; Woldenburg Park, Mississippi River,
New Orleans, LA.
(a) Location. The following area is a safety zone: The waters on
the Mississippi River in the vicinity of Woldenburg Park, New Orleans,
Louisiana, mile marker 94 to mile marker 96, extending out
approximately 300 feet from the East Bank of the Mississippi River.
(b) Effective Dates: This rule is effective from 6:00 a.m. on
January 29, 2013 through 6:00 a.m. on February 4, 2013.
(c) Enforcement Periods: This safety zone will be enforced from
8:00 a.m. until 10:00 p.m. on each day of the effective dates described
in paragraph (b).
(d) Regulations. (1) In accordance with the general regulation in
Sec. 165.23 of this part, vessels must not enter into, remain within,
or transit through this safety zone, unless authorized by the Captain
of the Port New Orleans.
(2) Vessels requiring entry into or passage through the Safety Zone
must request permission from the Captain of the Port New Orleans, or a
designated representative. The Captain of the Port New Orleans, or a
designated representative, may be contacted on VHF-16, or by telephone
at (504) 365-2543.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port New Orleans and designated personnel.
Designated personnel include commissioned, warrant, and petty officers
of the U.S. Coast Guard.
Dated: January 23, 2013.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2013-02207 Filed 1-30-13; 8:45 am]
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