Safety Zone; Woldenburg Park, Mississippi River, New Orleans, LA

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

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[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

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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.

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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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