[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Proposed Rules]
[Pages 75079-75082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30626]


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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: Notice of Proposed Rulemaking.

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SUMMARY: The Captain of the Port New Orleans, under the authority of 
the Ports and Waterways Safety Act, intends to establish 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 would be established to protect the public from the hazards 
created by congested river traffic. This rule would be 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.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 30, 2012.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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

[[Page 75080]]

[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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2012-1013) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.
    The comment period for this NPRM expires on December 30, 2012. The 
Super Bowl events for which this safety zone is intended to be 
effective begin the last week of January 2013, therefore a comment 
period extending beyond December 2012 could delay publication of the 
final rule. While the Coast Guard does not expect significant public 
comment for this rule as the safety zone will not significantly impact 
navigation, we will consider requests to extend the comment period.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-1013) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before December 3, 2012, using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. 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 
intends to establish 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 would be established to protect the public from the 
potential hazards created by congested river traffic. All vessels would 
be 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.

C. Discussion of Proposed Rule

    The Captain of the Port New Orleans intends to establish a 
temporary safety zone on the Mississippi River in the vicinity of 
Woldenburg Park, New Orleans, Louisiana, mile marker 94 to mile marker 
96, extending out 300 feet from the East Bank of the Mississippi River. 
This zone will be in effect 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. All vessels would be prohibited from entering into, 
remaining within, or transiting through the safety zone without prior 
approval of the Captain of the Port New Orleans.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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

[[Page 75081]]

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

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule would affect 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 would 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.
    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.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the For Further 
Information Contact section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use because it is 
not a ``significant regulatory action'' under Executive Order 12866 and 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. The Administrator of the Office of 
Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 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 is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary ``Environmental Analysis 
Checklist'' supporting this determination will be 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 proposed rule.

[[Page 75082]]

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add 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).
    (c) Regulations. (1) In accordance with the general regulation in 
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: December 5, 2012.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
FR Doc. 2012-30626 Filed 12-18-12; 8:45 am]
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