Safety Zone; Woldenburg Park, Mississippi River, New Orleans, LA, 6730-6732 [2013-02207]
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Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.799, revise paragraph (i) to
read as follows:
■
§ 117.799 Long Island, New York Inland
Waterway from East Rockaway Inlet to
Shinnecock Canal.
*
*
*
*
*
(i) The draw of the Captree State
Parkway Bridge at mile 30.7, across the
State Boat Channel, at Captree Island,
shall open on signal if at least a one half
hour advance notice is given by calling
the number posted at the bridge as
follows:
(1) Every other hour on the even hour.
(2) From April 1 through October 31,
on Saturday, Sunday, and Federal
holidays every three hours beginning at
3 a.m.
*
*
*
*
*
Dated: December 17, 2012.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2013–02083 Filed 1–30–13; 8:45 am]
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BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
FR Federal Register
NPRM Notice of Proposed Rulemaking
Coast Guard
A. Regulatory History and Information
33 CFR Part 165
The Coast Guard published a Notice
of Proposed Rulemaking (NPRM) for
this Final Rule on December 19, 2012
(77 FR 75079). The comment period for
the NPRM expired on December 30,
2012. The Coast Guard received no
public comments and no requests to
extend the comment period.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The Super Bowl events for
which this safety zone is intended to be
effective begin the last week of January
2013. Waiting 30 days after publication
in the Federal Register is contrary to
public interest as that would delay the
effective date of this rule until after the
Super Bowl events in this area have
completed.
[Docket Number USCG–2012–1013]
RIN 1625–AA00
Safety Zone; Woldenburg Park,
Mississippi River, New Orleans, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Captain of the Port New
Orleans, under the authority of the Ports
and Waterways Safety Act, has
established a temporary safety zone on
the Mississippi River in the vicinity of
Woldenburg Park, mile marker 94 to
mile marker 96, extending out 300 feet
from the East Bank of the Mississippi
River during Super Bowl 2013
celebratory events. The Super Bowl is a
large scale event that poses many public
safety concerns due to the number of
people that will attend. This safety zone
has been established to protect the
public from the hazards created by
congested river traffic.
DATES: This rule is effective from 6:00
a.m. on January 29, 2013 through 6:00
a.m. on February 4, 2013. The zone will
be enforced between the hours of 8:00
a.m. and 10:00 p.m. on each day of the
effective period described above.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–1013]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Kenneth Blair, Sector New
Orleans, U.S. Coast Guard; telephone
(504) 365–2392, email
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:
SUMMARY:
Table of Acronyms
DHS
VerDate Mar<15>2010
16:21 Jan 30, 2013
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Department of Homeland Security
Frm 00006
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B. Basis and Purpose
The 2013 National Football League
Super Bowl in New Orleans, Louisiana
will occur on February 3, 2013. This is
a very high profile event, with tens of
thousands of people expected to attend
events at Woldenburg Park and other
Mississippi River riverfront locations
before, during, and after the football
game. Due to the unusually large crowds
expected along the riverfront, the
consequences to the public of an
incident involving a vessel in the
immediate area will greatly increase. To
address this concern, the Captain of the
Port New Orleans has established a
temporary safety zone on the
Mississippi River in the vicinity of
Woldenburg Park, mile marker 94 to
mile marker 96, extending out 300 feet
from the East Bank of the Mississippi
River. This safety zone has been
established to protect the public from
the potential hazards created by
congested river traffic. All vessels are
prohibited from entering into or
transiting through the safety zone
without prior approval of the Captain of
the Port New Orleans.
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Public Law 107–295,
116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones.
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Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received no public
comments on the proposed temporary
safety zone, therefore there are no
changes to the regulatory text in this
final rule.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The impacts on navigation will
be minimal due to the duration and
location of the safety zone, and the fact
that vessels will be able to safely
navigate around this area on the
Mississippi River. Additionally, vessels
may request permission from the
Captain of the Port to enter into or
transit though the safety zone.
tkelley on DSK3SPTVN1PROD with
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
This final rule affects the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit on the
Mississippi River in the Vicinity of
Woldenburg Park, New Orleans,
Louisiana, mile marker 94 to mile
marker 96, between 6:00 a.m. on January
29, 2013 through 6:00 a.m. on February
4, 2013.
VerDate Mar<15>2010
16:21 Jan 30, 2013
Jkt 229001
This safety zone will not have a
significant economic impact on a
substantial number of small entities
because most vessel traffic could pass
safely around the safety zone. Vessel
traffic that cannot pass safely around the
safety zone would be allowed to pass
through the zone with the permission of
the Captain of the Port New Orleans.
Before the activation of the safety zone,
the Captain of the Port New Orleans
would issue maritime advisories widely
available to users of the river.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
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6731
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
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Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule creates a
temporary safety zone on the
Mississippi River in the vicinity of
Woldenburg Park, mile marker 94 to
mile marker 96, extending out 300 feet
from the East Bank of the Mississippi
River during Super Bowl 2013
celebratory events. The Super Bowl is a
large scale event that poses many public
safety concerns due to the number of
people that will attend. This safety zone
has been established to protect the
public from the hazards created by
congested river traffic. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
Environmental Analysis Checklist and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Coast Guard
33 CFR Parts 173, 174, 181, and 187
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 § 165.T08–1013 to read as
follows:
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■
[Docket No. USCG–2003–14963]
RIN 1625–AB45
Changes to Standard Numbering
System, Vessel Identification System,
and Boating Accident Report Database
Coast Guard, DHS.
Rule; information collection
approval.
AGENCY:
ACTION:
On March 28, 2012, the Coast
Guard amended its regulations related
to numbering undocumented vessels
and reporting boating accidents. The
amendment affects three collections of
information and adds to the
recordkeeping and reporting
requirements of vessel owners and
SUMMARY:
§ 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,
Jkt 229001
[FR Doc. 2013–02207 Filed 1–30–13; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
■
16:21 Jan 30, 2013
Dated: January 23, 2013.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Mar<15>2010
Louisiana, mile marker 94 to mile
marker 96, extending out approximately
300 feet from the East Bank of the
Mississippi River.
(b) Effective Dates: This rule is
effective from 6:00 a.m. on January 29,
2013 through 6:00 a.m. on February 4,
2013.
(c) Enforcement Periods: This safety
zone will be enforced from 8:00 a.m.
until 10:00 p.m. on each day of the
effective dates described in paragraph
(b).
(d) Regulations. (1) In accordance
with the general regulation in § 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.
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agencies involved in issuing vessel
registration and reporting boating
accidents. This notice announces that
the Office of Management and Budget
approved changes to the collections of
information with control numbers
1625–0003, 1625–0070, and 1625–0108,
which will now be enforced.
DATES: The collection of information
requirements under 33 CFR 173.57(c),
174.16(b), 174.17(c), and 174.19(c) will
be enforced beginning January 31, 2013.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
document, contact Mr. Jeff Ludwig,
Office of Auxiliary and Boating Safety;
telephone 202–372–1061, or email
Jeffrey.A.Ludwig@uscg.mil. If you have
questions about viewing the docket
(USCG–2003–14963), call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: With the
exception of the revised collection of
information provisions, the Changes to
Standard Numbering System, Vessel
Identification System, and Boating
Accident Report Database rule became
effective on April 27, 2012. Under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520), an agency may not
conduct or sponsor a collection of
information until the collection is
approved by the Office of Management
and Budget (OMB). Accordingly, the
preamble to the final rule stated that the
Coast Guard would not enforce the
collection of information requirements
in 33 CFR 173.57(c), 174.16(b),
174.17(c), and 174.19(c) until the
collection of information requests were
approved by OMB. The preamble also
stated that the Coast Guard would
publish a notice in the Federal Register
informing the public of OMB’s decision
to approve, modify, or disapprove the
collections.
The Coast Guard submitted the
information collection requests to OMB
for approval in accordance with the
Paperwork Reduction Act of 1995. OMB
approved the collections of information
on December 2, 2012, for 1625–0003, on
December 16, 2012, for 1625–0108, and
on December 27, 2012, for 1625–0070.
The approvals for these collections of
information expire on December 31,
2015. Copies of the OMB notices of
action are available in our online docket
(USCG–2003–14963) at https://
www.regulations.gov.
Dated: January 16, 2013.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director of
Inspections & Compliance.
[FR Doc. 2013–02081 Filed 1–30–13; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Rules and Regulations]
[Pages 6730-6732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02207]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1013]
RIN 1625-AA00
Safety Zone; Woldenburg Park, Mississippi River, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Captain of the Port New Orleans, under the authority of
the Ports and Waterways Safety Act, has established a temporary safety
zone on the Mississippi River in the vicinity of Woldenburg Park, mile
marker 94 to mile marker 96, extending out 300 feet from the East Bank
of the Mississippi River during Super Bowl 2013 celebratory events. The
Super Bowl is a large scale event that poses many public safety
concerns due to the number of people that will attend. This safety zone
has been established to protect the public from the hazards created by
congested river traffic.
DATES: This rule is effective from 6:00 a.m. on January 29, 2013
through 6:00 a.m. on February 4, 2013. The zone will be enforced
between the hours of 8:00 a.m. and 10:00 p.m. on each day of the
effective period described above.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1013]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Kenneth Blair, Sector New Orleans, U.S. Coast Guard;
telephone (504) 365-2392, email 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. Regulatory History and Information
The Coast Guard published a Notice of Proposed Rulemaking (NPRM)
for this Final Rule on December 19, 2012 (77 FR 75079). The comment
period for the NPRM expired on December 30, 2012. The Coast Guard
received no public comments and no requests to extend the comment
period.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Super Bowl events for which
this safety zone is intended to be effective begin the last week of
January 2013. Waiting 30 days after publication in the Federal Register
is contrary to public interest as that would delay the effective date
of this rule until after the Super Bowl events in this area have
completed.
B. Basis and Purpose
The 2013 National Football League Super Bowl in New Orleans,
Louisiana will occur on February 3, 2013. This is a very high profile
event, with tens of thousands of people expected to attend events at
Woldenburg Park and other Mississippi River riverfront locations
before, during, and after the football game. Due to the unusually large
crowds expected along the riverfront, the consequences to the public of
an incident involving a vessel in the immediate area will greatly
increase. To address this concern, the Captain of the Port New Orleans
has established a temporary safety zone on the Mississippi River in the
vicinity of Woldenburg Park, mile marker 94 to mile marker 96,
extending out 300 feet from the East Bank of the Mississippi River.
This safety zone has been established to protect the public from the
potential hazards created by congested river traffic. All vessels are
prohibited from entering into or transiting through the safety zone
without prior approval of the Captain of the Port New Orleans.
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
[[Page 6731]]
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard received no public comments on the proposed
temporary safety zone, therefore there are no changes to the regulatory
text in this final rule.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The impacts on
navigation will be minimal due to the duration and location of the
safety zone, and the fact that vessels will be able to safely navigate
around this area on the Mississippi River. Additionally, vessels may
request permission from the Captain of the Port to enter into or
transit though the safety zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This final rule affects the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit on the Mississippi River in the Vicinity of Woldenburg Park,
New Orleans, Louisiana, mile marker 94 to mile marker 96, between 6:00
a.m. on January 29, 2013 through 6:00 a.m. on February 4, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities because most vessel traffic could
pass safely around the safety zone. Vessel traffic that cannot pass
safely around the safety zone would be allowed to pass through the zone
with the permission of the Captain of the Port New Orleans. Before the
activation of the safety zone, the Captain of the Port New Orleans
would issue maritime advisories widely available to users of the river.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
[[Page 6732]]
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule creates a temporary safety zone on the
Mississippi River in the vicinity of Woldenburg Park, mile marker 94 to
mile marker 96, extending out 300 feet from the East Bank of the
Mississippi River during Super Bowl 2013 celebratory events. The Super
Bowl is a large scale event that poses many public safety concerns due
to the number of people that will attend. This safety zone has been
established to protect the public from the hazards created by congested
river traffic. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
Environmental Analysis Checklist and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L,
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1
0
2. Add Sec. 165.T08-1013 to read as follows:
Sec. 165.T08-1013 Safety Zone; Woldenburg Park, Mississippi River,
New Orleans, LA.
(a) Location. The following area is a safety zone: The waters on
the Mississippi River in the vicinity of Woldenburg Park, New Orleans,
Louisiana, mile marker 94 to mile marker 96, extending out
approximately 300 feet from the East Bank of the Mississippi River.
(b) Effective Dates: This rule is effective from 6:00 a.m. on
January 29, 2013 through 6:00 a.m. on February 4, 2013.
(c) Enforcement Periods: This safety zone will be enforced from
8:00 a.m. until 10:00 p.m. on each day of the effective dates described
in paragraph (b).
(d) Regulations. (1) In accordance with the general regulation in
Sec. 165.23 of this part, vessels must not enter into, remain within,
or transit through this safety zone, unless authorized by the Captain
of the Port New Orleans.
(2) Vessels requiring entry into or passage through the Safety Zone
must request permission from the Captain of the Port New Orleans, or a
designated representative. The Captain of the Port New Orleans, or a
designated representative, may be contacted on VHF-16, or by telephone
at (504) 365-2543.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port New Orleans and designated personnel.
Designated personnel include commissioned, warrant, and petty officers
of the U.S. Coast Guard.
Dated: January 23, 2013.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2013-02207 Filed 1-30-13; 8:45 am]
BILLING CODE 9110-04-P
