Safety Zone; Woldenburg Park, Mississippi River, New Orleans, LA, 75079-75082 [2012-30626]
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
accordance with 21 CFR Part 1312,
pursuant to 21 U.S.C. 952, 953, 957, and
958.
Criminal Liability. Any activity with
lorcaserin not authorized by, or in
violation of, Subchapter I Part D and
Subchapter II of the CSA occurring on
or after finalization of this proposed rule
would be unlawful.
Regulatory Analyses
Executive Orders 12866 and 13563
In accordance with 21 U.S.C. 811(a),
this proposed scheduling action is
subject to formal rulemaking procedures
done ‘‘on the record after opportunity
for a hearing,’’ which are conducted
pursuant to the provisions of 5 U.S.C.
556 and 557. Such actions are exempt
from review by the Office of
Management and Budget pursuant to
Section 3(d)(1) of Executive Order
12866 and the principles reaffirmed in
Executive Order 13563.
Executive Order 12988
This proposed regulation meets the
applicable standards set forth in
Sections 3(a) and 3(b)(2) of Executive
Order 12988 Civil Justice Reform to
eliminate ambiguity, minimize
litigation, establish clear legal standards
and reduce burden.
Executive Order 13132
This proposed rulemaking does not
preempt or modify any provision of
State law; nor does it impose
enforcement responsibilities on any
State; nor does it diminish the power of
any State to enforce its own laws.
Accordingly, this rulemaking does not
have federalism implications warranting
the application of Executive Order
13132.
Executive Order 13175
This proposed rule will not have
tribal implications and will not impose
substantial direct compliance costs on
Indian tribal governments.
wreier-aviles on DSK5TPTVN1PROD with
Regulatory Flexibility Act
The Administrator, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 601–612), has reviewed this
proposed rule and by approving it
certifies that it will not have a
significant economic impact on a
substantial number of small entities.
Lorcaserin products, as recently
approved by the FDA, will be used as
an adjunct treatment of partial onset
seizure. Handlers of lorcaserin will also
handle other controlled substances used
as anti-seizure agents, which are already
subject to the regulatory requirements of
the CSA.
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Unfunded Mandates Reform Act of
1995
DEPARTMENT OF HOMELAND
SECURITY
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $136,000,000 or more
(adjusted for inflation) in any one year,
and will not significantly or uniquely
affect small governments. Therefore, no
actions were deemed necessary under
provisions of the Unfunded Mandates
Reform Act of 1995.
75079
Coast Guard
Paperwork Reduction Act of 1995
33 CFR Part 165
[Docket Number USCG–2012–1013]
RIN 1625–AA00
Safety Zone; Woldenburg Park,
Mississippi River, New Orleans, LA
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
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
List of Subjects in 21 CFR Part 1308
mile marker 96, extending out 300 feet
Administrative practice and
from the East Bank of the Mississippi
procedure, Drug traffic control,
River during Super Bowl 2013
Reporting and recordkeeping
celebratory events. The Super Bowl is a
large scale event that poses many public
requirements.
safety concerns due to the number of
For the reasons set out above, 21 CFR
people that will attend. This safety zone
part 1308 is proposed to be amended as
would be established to protect the
follows:
public from the hazards created by
congested river traffic. This rule would
PART 1308—SCHEDULES OF
be effective from 6:00 a.m. on January
CONTROLLED SUBSTANCES
29, 2013 through 6:00 a.m. on February
4, 2013. The zone will be enforced
1. The authority citation for part 1308
between the hours of 8:00 a.m. and
continues to read as follows:
10:00 p.m. on each day of the effective
Authority: 21 U.S.C. 811, 812, 871(b),
period described above.
unless otherwise noted.
DATES: Comments and related material
must be received by the Coast Guard on
2. Section 1308.14 is amended by
or before December 30, 2012.
redesignating paragraphs (e) and (f) as
ADDRESSES: You may submit comments
paragraphs (f) and (g) and adding a new
identified by docket number using any
paragraph (e) to read as follows:
one of the following methods:
(1) Federal eRulemaking Portal:
§ 1308.14 Schedule IV.
https://www.regulations.gov.
*
*
*
*
*
(2) Fax: 202–493–2251.
(e) Lorcaserin. Any material,
(3) Mail or Delivery: Docket
compound, mixture, or preparation
Management Facility (M–30), U.S.
which contains any quantity of the
Department of Transportation, West
following substances, including its salts, Building Ground Floor, Room W12–140,
isomers, and salts of such isomers,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
whenever the existence of such salts,
isomers, and salts of isomers is possible: accepted between 9 a.m. and 5 p.m.,
(1) Lorcaserin ...............................
1625 Monday through Friday, except Federal
holidays. The telephone number is 202–
*
*
*
*
*
366–9329.
See the ‘‘Public Participation and
Dated: December 13, 2012.
Request for Comments’’ portion of the
Michele M. Leonhart,
SUPPLEMENTARY INFORMATION section
Administrator.
below for further instructions on
[FR Doc. 2012–30531 Filed 12–18–12; 8:45 am]
submitting comments. To avoid
BILLING CODE 4410–09–P
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
This action does not impose a new
collection of information requirement
under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501–3521.
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SUMMARY:
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Kenneth.E.Blair@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
wreier-aviles on DSK5TPTVN1PROD with
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 https://
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 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, 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
https://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 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.
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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
https://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
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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.
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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.
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75081
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.
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.
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
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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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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0001; FRL–9372–6]
Notice of Receipt of Several Pesticide
Petitions Filed for Residues of
Pesticide Chemicals in or on Various
Commodities
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.
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petitions and
request for comment.
SUMMARY:
2. Add § 165.T08–1013 to read as
follows:
§ 165.T08–1013 Safety Zone; Woldenburg
Park, Mississippi River, New Orleans, LA.
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(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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AGENCY:
This document announces the
Agency’s receipt of several initial filings
of pesticide petitions requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before January 18, 2013.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number and the pesticide petition
number (PP) of interest as shown in the
body of this document, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
FOR FURTHER INFORMATION CONTACT: A
contact person, with telephone number
and email address, is listed at the end
of each pesticide petition summary. You
may also reach each contact person by
mail at Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
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producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
If you have any questions regarding
the applicability of this action to a
particular entity, consult the person
listed at the end of the pesticide petition
summary of interest.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns and suggest
alternatives.
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]]>Agencies
[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Proposed Rules]
[Pages 75079-75082]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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: https://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]]
Kenneth.E.Blair@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:
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 https://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
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, 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 https://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 https://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]
BILLING CODE 9110-04-P
