Regulated Navigation Area; Gulf Intracoastal Waterway, Inner Harbor Navigation Canal, New Orleans, LA, 22722-22725 [E9-11303]
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Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Proposed Rules
requires marketers to make certain
disclosures clearly and conspicuously?
If so, why, and how? If not, why not?
(15) What potentially unfair or
deceptive practices concerning the
marketing of prenotification negative
option plans, if any, are not covered by
the Rule?
(a) What evidence, such as empirical
data, consumer perception studies, or
consumer complaints, demonstrates
whether there is widespread existence
of such practices? Please provide this
evidence.
(b) What evidence demonstrates that
such practices cause consumer injury?
Please provide this evidence.
(c) With reference to such practices,
should the Rule be modified? If so, why,
and how? If not, why not?
(16) What potentially unfair or
deceptive practices concerning the
marketing of negative option plans, not
covered by the Rule, are occurring in the
marketplace?
(a) What evidence, such as empirical
data, consumer perception studies, or
consumer complaints, demonstrates
whether there is widespread existence
of such practices? Please provide this
evidence.
(b) What evidence demonstrates that
such practices cause consumer injury?
Please provide this evidence.
(c) With reference to such practices,
should the Rule be modified? If so, why,
and how? If not, why not?
(17) What modifications, if any,
should be made to the Rule to account
for changes in relevant technology or
economic conditions?
(a) What evidence supports the
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the Rule
for consumers and businesses,
particularly small businesses?
(18) Does the Rule overlap or conflict
with other federal, state, or local laws or
regulations? If so, how?
(a) What evidence supports the
asserted conflicts?
(b) With reference to the asserted
conflicts, should the Rule be modified?
If so, why, and how? If not, why not?
(c) Is there evidence concerning
whether the Rule has assisted in
promoting national consistency with
respect to the marketing and operation
of prenotification negative option plans?
If so, please provide that evidence.
(19) Are there foreign or international
laws, regulations, or standards with
respect to negative option plans that the
Commission should consider as it
reviews the Rule? If so, what are they?
(a) Should the Rule be modified in
order to harmonize with these
international laws, regulations, or
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standards? If so, why, and how? If not,
why not?
(b) How would such harmonization
affect the costs and benefits of the Rule
for consumers and businesses,
particularly small businesses?
(20) Do current or impending changes
in technology affect whether and how
the Rule should be modified?
List of Subjects in 16 CFR Part 306
Negative Options, Trade practices.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9–11226 Filed 5–13–09: 8:45 am]
BILLING CODE 6750–01–S
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0139]
RIN 1625–AA11
Regulated Navigation Area; Gulf
Intracoastal Waterway, Inner Harbor
Navigation Canal, New Orleans, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes for
a rule to prohibit all floating vessels
from being within an area in the Inner
Harbor Navigation Canal from Mile
Marker 22 (west of Chef Menteur Pass)
on the Gulf Intracoastal Waterway, west
through the Gulf Intracoastal Waterway
and Inner Harbor Navigation Canal out
to Lake Ponchartrain and the
Mississippi River in New Orleans, LA.
This regulated navigation area would
also apply to part of the Harvey Canal,
between Lapalco Boulevard Bridge and
the intersection of the Harvey Canal and
the Algiers Alternate Route of the
Intracoastal Waterway. This action is
necessary to protect the high-risk areas
in the flood protection for New Orleans.
The proposed rule will protect the
floodwalls in the designated areas of the
Inner Harbor Navigation Canal and the
Harvey Canal from damage caused by
drifting vessels by excluding vessels
from the area under certain weather
conditions.
SUMMARY:
DATES: Comments and related material
must be received by the Coast Guard on
or before June 15, 2009. Requests for
public meetings must be received by the
Coast Guard on or before June 15, 2009.
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ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0139 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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.
(4) Hand Delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Lieutenant
Commander (LCDR) Eva Van Camp,
Coast Guard; telephone (504) 846–5923;
e-mail Eva.VanCamp@uscg.mil. 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:
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 https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0139),
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 (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, 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
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Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Proposed Rules
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
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
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0139’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 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.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2009–0139 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. 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. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
sroberts on PROD1PC70 with PROPOSALS
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).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before June 15, 2009 using
one of the four methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
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17:17 May 13, 2009
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would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
During Hurricanes Katrina and
Gustav, multiple barges and vessels
were moored next to or nearby
floodwalls surrounding the city of New
Orleans. Following the 2008 hurricane
season, the Coast Guard determined
there are areas in the New Orleans area
that are at high risk of potential damage
to floodwalls. If a vessel breaks away
and hits a floodwall, there is the
possibility for the vessel to damage the
floodwall and cause a breach resulting
in flooding of areas of New Orleans.
This regulated navigation area is needed
to protect the floodwalls within the
Inner Harbor Navigation Canal (IHNC)
and Harvey Canal from potential
hazards associated with vessels being in
this area during a storm.
Discussion of Proposed Rule
All floating vessels are prohibited
from being within an area in the IHNC
from Mile Marker 22 (west of Chef
Menteur Pass) on the Gulf Intracoastal
Waterway, west through the Gulf
Intracoastal Waterway and Inner Harbor
Navigation Canal out to Lake
Ponchartrain and the Mississippi River
in New Orleans, LA. This regulated
navigation area would also apply to part
of the Harvey Canal, between Lapalco
Boulevard Bridge and the intersection of
the Harvey Canal and the Algiers
Alternate Route of the Intracoastal
Waterway. This rule would be in effect
24 hours prior to expected gale force
winds (Yankee Port Condition) through
post storm landfall or other hurricane or
tropical storm conditions as determined
by the Captain of the Port New Orleans,
LA.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
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Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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 proposed rule
would 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 moor,
transit or anchor in the defined area
effective 24 hours prior to expected gale
force winds (Yankee Port Condition)
through post storm landfall or other
hurricane or tropical storm conditions
as determined by the Captain of the Port
New Orleans, LA.
This regulated navigation area would
not have a significant economic impact
on a substantial number of small entities
for the following reasons. This regulated
navigation area would be activated 24
hours prior to expected gale force winds
(Yankee Port Condition) through post
storm landfall or other hurricane or
tropical storm conditions as determined
by the Captain of the Port New Orleans,
LA. Vessels intending to moor, transit,
or anchor in the defined area are subject
to enforcement. Vessel traffic could find
an alternate route for transit or depart
the area before the regulated navigation
area goes into effect.
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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 LCDR Eva
Van Camp. The Coast Guard will not
retaliate against small entities that
question or complain about this
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proposed rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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.
sroberts on PROD1PC70 with PROPOSALS
Protection of Children
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.
Indian Tribal Governments
This proposed rule does not have
Tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
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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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order 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.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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 which do not individually or
cumulatively have a significant effect on
the human environment. Therefore, this
rule is categorically excluded, under
section 2.B.2. Figure 2–1, paragraph
34(g), of the Instruction and neither an
environmental assessment nor an
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environmental impact statement is
required. This rule involves the
establishing, disestablishing, or
changing a regulated navigation area. A
preliminary ‘‘Environmental Analysis
Check List’’ supporting this
determination is available in the docket
where indicated under the ‘‘Public
Participation and Request for
Comments’’ section of this preamble.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed 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 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. 1226, 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 § 165.816 to read as follows
§ 165.816 Regulated Navigation Area: New
Orleans Area of Responsibility, New
Orleans, LA
(a) Regulated navigation area. The
following is a regulated navigation area
for the Inner Harbor Navigation Canal
from Mile Marker 22 (west of Chef
Menteur Pass) on the Gulf Intracoastal
Waterway, west through the Gulf
Intracoastal Waterway and Inner Harbor
Navigation Canal out to Lake
Ponchartrain and the Mississippi River
in New Orleans, LA. This regulated
navigation area also applies to part of
the Harvey Canal, between Lapalco
Boulevard Bridge and the intersection of
the Harvey Canal and the Algiers
Alternate Route of the Intracoastal
Waterway. It will be in effect 24 hours
prior to expected gale force winds
(Yankee Port Condition) through post
storm landfall, or other hurricane or
tropical storm conditions as determined
by the Captain of the Port New Orleans,
LA.
(b) Unless otherwise authorized by
the Captain of the Port New Orleans,
LA, all floating vessels are prohibited
from being in the Inner Harbor
Navigation Canal from Mile Marker 22
(west of Chef Menteur Pass) on the Gulf
Intracoastal Waterway, west through the
Gulf Intracoastal Waterway and Inner
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sroberts on PROD1PC70 with PROPOSALS
Harbor Navigation Canal out to Lake
Ponchartrain and the Mississippi River
in New Orleans, LA. Also, all floating
vessels are prohibited from the Harvey
Canal between Lapalco Boulevard
Bridge and the intersection of the
Harvey Canal and the Algiers Alternate
Route of the Intracoastal Waterway.
(c) These designated areas shall not be
used a safe haven.
(d) Definitions. As used in this
section.
(1) The COTP means The Captain of
the Port New Orleans, LA.
(2) Person in Charge includes any
owner, agent, pilot, master, officer,
operator, supervisor, crewmember,
dispatcher, or other person navigating,
controlling, directing, or otherwise
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responsible for the movement, action,
securing or security of any vessel, barge,
tier, fleet, or fleeting facility subject to
the regulation in this section.
(e) Waivers: (1) The COTP may, upon
written request, except as allowed in
paragraph (3) of this subsection, waive
any regulation in this section if it is
found that the purposed operation can
be conducted safely under the terms of
that waiver.
(2) Each written request for a waiver
must state the need for the waiver and
describe the proposed operation.
(3) Under unusual circumstances due
to time constraints the person in charge
may orally request an immediate waiver
from the COTP. The written request
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22725
must be submitted within five working
days of the oral request.
(4) The COTP may at any time
terminate any waiver issued under this
subsection.
(f) The COTP will notify the maritime
community of periods during which this
regulated navigation area will be
enforced by providing advance notice
through a Marine Safety Information
Bulletin and Safety Broadcast Notice to
Mariners.
Dated: 29 April 2009.
J.R. Whitehead,
Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. E9–11303 Filed 5–13–09; 8:45 am]
BILLING CODE P
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]]>Agencies
[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Proposed Rules]
[Pages 22722-22725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11303]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0139]
RIN 1625-AA11
Regulated Navigation Area; Gulf Intracoastal Waterway, Inner
Harbor Navigation Canal, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes for a rule to prohibit all floating
vessels from being within an area in the Inner Harbor Navigation Canal
from Mile Marker 22 (west of Chef Menteur Pass) on the Gulf
Intracoastal Waterway, west through the Gulf Intracoastal Waterway and
Inner Harbor Navigation Canal out to Lake Ponchartrain and the
Mississippi River in New Orleans, LA. This regulated navigation area
would also apply to part of the Harvey Canal, between Lapalco Boulevard
Bridge and the intersection of the Harvey Canal and the Algiers
Alternate Route of the Intracoastal Waterway. This action is necessary
to protect the high-risk areas in the flood protection for New Orleans.
The proposed rule will protect the floodwalls in the designated areas
of the Inner Harbor Navigation Canal and the Harvey Canal from damage
caused by drifting vessels by excluding vessels from the area under
certain weather conditions.
DATES: Comments and related material must be received by the Coast
Guard on or before June 15, 2009. Requests for public meetings must be
received by the Coast Guard on or before June 15, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0139 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: 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.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Commander (LCDR) Eva Van Camp, Coast
Guard; telephone (504) 846-5923; e-mail Eva.VanCamp@uscg.mil. 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:
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 https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0139), 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 (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, 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
[[Page 22723]]
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an e-
mail 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 https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0139'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0139 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. 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. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
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).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before June 15, 2009 using one of the four
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.
Background and Purpose
During Hurricanes Katrina and Gustav, multiple barges and vessels
were moored next to or nearby floodwalls surrounding the city of New
Orleans. Following the 2008 hurricane season, the Coast Guard
determined there are areas in the New Orleans area that are at high
risk of potential damage to floodwalls. If a vessel breaks away and
hits a floodwall, there is the possibility for the vessel to damage the
floodwall and cause a breach resulting in flooding of areas of New
Orleans. This regulated navigation area is needed to protect the
floodwalls within the Inner Harbor Navigation Canal (IHNC) and Harvey
Canal from potential hazards associated with vessels being in this area
during a storm.
Discussion of Proposed Rule
All floating vessels are prohibited from being within an area in
the IHNC from Mile Marker 22 (west of Chef Menteur Pass) on the Gulf
Intracoastal Waterway, west through the Gulf Intracoastal Waterway and
Inner Harbor Navigation Canal out to Lake Ponchartrain and the
Mississippi River in New Orleans, LA. This regulated navigation area
would also apply to part of the Harvey Canal, between Lapalco Boulevard
Bridge and the intersection of the Harvey Canal and the Algiers
Alternate Route of the Intracoastal Waterway. This rule would be in
effect 24 hours prior to expected gale force winds (Yankee Port
Condition) through post storm landfall or other hurricane or tropical
storm conditions as determined by the Captain of the Port New Orleans,
LA.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
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,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would 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 moor, transit or anchor in the
defined area effective 24 hours prior to expected gale force winds
(Yankee Port Condition) through post storm landfall or other hurricane
or tropical storm conditions as determined by the Captain of the Port
New Orleans, LA.
This regulated navigation area would not have a significant
economic impact on a substantial number of small entities for the
following reasons. This regulated navigation area would be activated 24
hours prior to expected gale force winds (Yankee Port Condition)
through post storm landfall or other hurricane or tropical storm
conditions as determined by the Captain of the Port New Orleans, LA.
Vessels intending to moor, transit, or anchor in the defined area are
subject to enforcement. Vessel traffic could find an alternate route
for transit or depart the area before the regulated navigation area
goes into effect.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 LCDR Eva Van Camp. The Coast
Guard will not retaliate against small entities that question or
complain about this
[[Page 22724]]
proposed rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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 which do not individually or cumulatively have a
significant effect on the human environment. Therefore, this rule is
categorically excluded, under section 2.B.2. Figure 2-1, paragraph
34(g), of the Instruction and neither an environmental assessment nor
an environmental impact statement is required. This rule involves the
establishing, disestablishing, or changing a regulated navigation area.
A preliminary ``Environmental Analysis Check List'' supporting this
determination is available in the docket where indicated under the
``Public Participation and Request for Comments'' section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
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 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. 1226, 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. 165.816 to read as follows
Sec. 165.816 Regulated Navigation Area: New Orleans Area of
Responsibility, New Orleans, LA
(a) Regulated navigation area. The following is a regulated
navigation area for the Inner Harbor Navigation Canal from Mile Marker
22 (west of Chef Menteur Pass) on the Gulf Intracoastal Waterway, west
through the Gulf Intracoastal Waterway and Inner Harbor Navigation
Canal out to Lake Ponchartrain and the Mississippi River in New
Orleans, LA. This regulated navigation area also applies to part of the
Harvey Canal, between Lapalco Boulevard Bridge and the intersection of
the Harvey Canal and the Algiers Alternate Route of the Intracoastal
Waterway. It will be in effect 24 hours prior to expected gale force
winds (Yankee Port Condition) through post storm landfall, or other
hurricane or tropical storm conditions as determined by the Captain of
the Port New Orleans, LA.
(b) Unless otherwise authorized by the Captain of the Port New
Orleans, LA, all floating vessels are prohibited from being in the
Inner Harbor Navigation Canal from Mile Marker 22 (west of Chef Menteur
Pass) on the Gulf Intracoastal Waterway, west through the Gulf
Intracoastal Waterway and Inner
[[Page 22725]]
Harbor Navigation Canal out to Lake Ponchartrain and the Mississippi
River in New Orleans, LA. Also, all floating vessels are prohibited
from the Harvey Canal between Lapalco Boulevard Bridge and the
intersection of the Harvey Canal and the Algiers Alternate Route of the
Intracoastal Waterway.
(c) These designated areas shall not be used a safe haven.
(d) Definitions. As used in this section.
(1) The COTP means The Captain of the Port New Orleans, LA.
(2) Person in Charge includes any owner, agent, pilot, master,
officer, operator, supervisor, crewmember, dispatcher, or other person
navigating, controlling, directing, or otherwise responsible for the
movement, action, securing or security of any vessel, barge, tier,
fleet, or fleeting facility subject to the regulation in this section.
(e) Waivers: (1) The COTP may, upon written request, except as
allowed in paragraph (3) of this subsection, waive any regulation in
this section if it is found that the purposed operation can be
conducted safely under the terms of that waiver.
(2) Each written request for a waiver must state the need for the
waiver and describe the proposed operation.
(3) Under unusual circumstances due to time constraints the person
in charge may orally request an immediate waiver from the COTP. The
written request must be submitted within five working days of the oral
request.
(4) The COTP may at any time terminate any waiver issued under this
subsection.
(f) The COTP will notify the maritime community of periods during
which this regulated navigation area will be enforced by providing
advance notice through a Marine Safety Information Bulletin and Safety
Broadcast Notice to Mariners.
Dated: 29 April 2009.
J.R. Whitehead,
Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E9-11303 Filed 5-13-09; 8:45 am]
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