
[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]


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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: Final rule.

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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 http://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


