[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45905-45907]
[FR Doc No: 2019-18944]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0730]
RIN 1625-AA00

Safety Zone; 2019 Monte Labor Day Fireworks Display, Carnelian
Bay, Carnelian Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing two temporary safety zones on
the navigable waters of Carnelian Bay near Carnelian West Beach in
support of the 2019 Monte Labor Day Fireworks Display on September 1,
2019. These safety zones are necessary to protect personnel, vessels,
and the marine environment from the dangers associated with
pyrotechnics. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zones
without permission of the Captain of the Port San Francisco or a
designated representative.

DATES: This rule is effective from 7 a.m. on August 31, 2019 to 9:20
p.m. on September 1, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0730 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 David Robey, Waterways Management, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because it is impracticable. The Coast Guard did
not receive final details for this event until August 16, 2019. The
Coast Guard must establish these safety zones by August 31, 2019 and
therefore lacks sufficient time to effectuate the full notice and
comment process before issuing the rule in this instance.
    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. For similar reasons as stated
above, notice and comment procedures would be impracticable in this
instance due to the short notice provided for this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with the
2019 Monte Labor Day Fireworks Display on September 1, 2019, will be a
safety concern for anyone within a 100-foot radius of the fireworks
barges during loading and staging and anyone within a 420-foot radius
of the fireworks barges starting 30 minutes before the fireworks
display is scheduled to commence and ending 30 minutes after the
conclusion of the fireworks display. For this reason, these safety
zones are needed to protect personnel, vessels, and the marine
environment in the navigable waters around the fireworks barges during
the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone around each of two separate
fireworks barges simultaneously from 7 a.m. on August 31, 2019 until
9:20 p.m. on September 1, 2019, during the loading, staging, and
transit of the two fireworks barges in Carnelian Bay, during the
fireworks display, and lasting until 30

minutes after completion of the fireworks display. From 7 a.m. on
August 31, 2019 to 8 p.m. on September 1, 2019, during the loading,
staging, and transit of the fireworks barges until 30 minutes prior to
the start of the fireworks display, scheduled for approximately 8:30
p.m., the safety zones will encompass the navigable waters around and
under the fireworks barges, from surface to bottom, within a circle
formed by connecting all points 100 feet out from the fireworks barges.
Loading the pyrotechnics onto the fireworks barges is scheduled from 7
a.m. to 9 a.m. on August 31, 2019, at the Lake Forest boat ramp in
Tahoe City, CA.
    The fireworks barges will remain at the Lake Forest boat ramp until
the start of their transit to the display locations. Towing of the
barges from the Lake Forest boat ramp to the display locations is
scheduled to take place from 9 a.m. to 10 a.m. on August 31, 2019,
where they will remain until the conclusion of the fireworks display.
    At 8 p.m. on August 31, 2019, 30 minutes prior to the commencement
of the 20-minute 2019 Monte Labor Day Fireworks Display, the safety
zones will increase in size and encompass the navigable waters around
and under the fireworks barges, from surface to bottom, within a circle
formed by connecting all points 420 feet from the circle centers at
approximate positions 39[deg]13'17.76'' N, 120[deg]4'47.64'' W (NAD 83)
and 39[deg]13'20.22'' N, 120[deg]4'43.44'' W (NAD 83). The safety zones
will terminate at 9:20 p.m. on September 1, 2019.
    The effect of the safety zones is to restrict navigation in the
vicinity of the fireworks loading, staging, transit, and firing sites.
Except for persons or vessels authorized by the COTP or the COTP's
designated representative, no person or vessel may enter or remain in
the restricted areas. These regulations are needed to keep spectators
and vessels away from the immediate vicinity of the fireworks firing
sites to ensure the safety of participants, spectators, and transiting
vessels.

V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zones. The
safety zones impact two 420-foot radius areas of Carnelian Bay for a
38-hour-and-20-minute duration. The vessels desiring to transit through
the safety zones may do so upon express permission from the COTP or the
COTP's designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 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.
    While some owners or operators of vessels intending to transit the
temporary safety zones may be small entities, for the reasons stated in
section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
    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
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy,
COMDTINST 5090.1 (series), which

guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (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 involves two safety zones lasting 38 hours and 20 minutes that
prevent entry to two 420-foot radius areas. It is categorically
excluded from further review under paragraph L60(a) in Table 3-1 of
Department of Homeland Security Directive 023-01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. 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.

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:  46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T11-994 to read as follows:

Sec.  165.T11-994   Safety Zone; 2019 Monte Labor Day Fireworks
Display, Carnelian Bay, Carnelian Bay, CA.

    (a) Location. The following areas are safety zones around two
separate fireworks barges: From 7 a.m. on August 31, 2019, to 8 p.m. on
September 1, 2019, all navigable waters of Carnelian Bay, from surface
to bottom, within two circles formed by connecting all points 100 feet
out from each of the two fireworks barges during their loading and
staging at the Lake Forest boat ramp in Tahoe City, as well as during
transit and arrival to the display location in Carnelian Bay, CA.
Between 8 p.m. on September 1, 2019 and 9:20 p.m. on September 1, 2019,
both of the safety zones will expand to all navigable waters, from
surface to bottom, within two circles formed by connecting all points
420 feet out from each fireworks barge in approximate positions
39[deg]13'17.76'' N, 120[deg]4'47.64'' W (NAD 83) and 39[deg]13'20.22''
N, 120[deg]4'43.44'' W (NAD 83).
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zones.
    (c) Regulations. (1) Under the general safety zones regulations in
Sec.  165.23, you may not enter the safety zones described in paragraph
(a) of this section unless authorized by the COTP or the COTP's
designated representative.
    (2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zones must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zones must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zones on VHF-23A or through the 24-hour Command Center at
telephone<PHONE_NUMBER>.
    (d) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which these zones will be enforced in accordance with Sec.  165.7.

    Dated: August 23, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2019-18944 Filed 8-30-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41973-41974]
[FR Doc No: 2021-16635]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0405]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Medical Device Recall
Authority

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing that a proposed collection of information has been submitted
to the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by September 3, 2021.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review-Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0432. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Medical Device Recall Authority--21 CFR Part 810

OMB Control Number 0910-0432--Extension

    This collection of information implements section 518(e) of the
Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360h(e)) and
part 810 (21 CFR part 810), mandatory medical device recall authority
provisions. Section 518(e) of the FD&C Act provides FDA with the
authority to issue an order requiring an appropriate person, including
manufacturers, importers, distributors, and retailers of a device, if
FDA finds that there is reasonable probability that the device intended
for human use would cause serious, adverse health consequences or
death, to: (1) Immediately cease distribution of such device and (2)
immediately notify health professionals and device-user facilities of
the order and to instruct such professionals and facilities to cease
use of such device.
    FDA will then provide the person named in the cease distribution
and notification order with the opportunity for an informal hearing on
whether the order should be amended to require a mandatory recall of
the device. If, after providing the opportunity for an informal
hearing, FDA determines that such an order is necessary, the Agency may
amend the order to require a mandatory recall.
    FDA issued part 810 to implement the provisions of section 518 of
the FD&C Act. The information collected under the mandatory recall
authority provisions will be used by FDA to implement mandatory
recalls.
    In the Federal Register of April 5, 2021 (86 FR 17610), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                  Table 1--Estimated Annual Reporting Burden 1
----------------------------------------------------------------------------------------------------------------
                                                     Number of
    Activity; 21 CFR section         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Collections Specified in the                   2               1               2               8              16
 Order--810.10(d)...............
Request for Regulatory Hearing--               1               1               1               8               8
 810.11(a)......................
Written Request for Review--                   1               1               1               8               8
 810.12(a) and (b)..............
Mandatory Recall Strategy--                    2               1               2              16              32
 810.14.........................
Periodic Status Reports--                      2              12              24              40             960
 810.16(a) and (b)..............
Termination Request--810.17(a)..               2               1               2               8              16
                                 -------------------------------------------------------------------------------
    Total Hours.................  ..............  ..............  ..............  ..............           1,040
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

                                                    Table 2--Estimated Annual Recordkeeping Burden 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                       Average burden
                      Activity; 21 CFR section                          Number of       records per      Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
Documentation of Notifications to Recipients--810.15(b)............               2                1                2                8               16
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

                            Table 3--Estimated Annual Third-Party Disclosure Burden 1
----------------------------------------------------------------------------------------------------------------
                                                     Number of
    Activity; 21 CFR section         Number of      disclosures    Total annual   Average burden    Total hours
                                    respondents   per respondent    disclosures   per disclosure
----------------------------------------------------------------------------------------------------------------
Notification to Recipients--                   2               1               2              12              24
 810.15(a) through (c)..........
Notification to Recipients;                    2               1               2               4               8
 Follow-up--810.15(d)...........
Notification of Consignees by                 10               1              10               1              10
 Recipients--810.15(e)..........
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............              42
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The burden estimates are based on FDA's experience with voluntary
recalls under 21 CFR part 7. FDA expects no more than two mandatory
recalls per year, as most recalls are done voluntarily.
    Section 810.10(d)--Collections Specified in the Order--
(Reporting)--FDA may require the person named in the cease distribution
and notification order to submit certain information to the Agency,
e.g., distribution information, progress reports.
    Section 810.11(a)--Request for Regulatory Hearing--(Reporting)--A
request for regulatory hearing regarding the cease distribution and
notification order must be submitted in writing to FDA.
    Section 810.12(a) and (b)--Written Request for Review--
(Reporting)--In lieu of requesting a regulatory hearing under Sec.
810.11, the person named in the cease distribution and notification
order may submit a written request to FDA asking that the order be
modified or vacated. A written request for review of a cease
distribution and notification order shall identify each ground upon
which the requestor relies in asking that the order be modified or
vacated, address an appropriate cease distribution and notification
strategy, and address whether the order should be amended to require a
recall of the device that was the subject of the order and the actions
required by such a recall order.
    Section 810.14--Mandatory Recall Strategy--(Reporting)--The person
named in the cease distribution and notification order or a mandatory
recall order must develop and submit a strategy to FDA for complying
with the order that is appropriate for the individual circumstances.
    Section 810.15(a) through (c)--Notifications to Recipients--(Third-
Party Disclosure)--The person named in a cease distribution and
notification order or a mandatory recall order must promptly notify
each health professional, user facility, consignee, or individual of
the order.
    Section 810.15(b)--Documentation of Notifications to Recipients--
(Recordkeeping)--Telephone calls or other personal contacts may be made
in addition to, but not as a substitute for, the verified written
communication, and shall be documented in an appropriate manner.
    Section 810.15(d)--Notification to Recipients; Followup--(Third-
Party Disclosure)--The person named in the cease distribution and
notification order or mandatory recall order shall ensure that followup
communications are sent to all who fail to respond to the initial
communication.
    Section 810.15(e)--Notification of Consignees by Recipients--
(Third-Party Disclosure)--Health professionals, device user facilities,
and consignees should immediately notify their consignees of the order.
    Section 810.16(a) and (b)--Periodic Status Reports--(Reporting)--
The person named in a cease distribution and notification order or a
mandatory recall order must submit periodic status reports to FDA to
enable the Agency to assess the person's progress in complying with the
order. The frequency of such reports and the Agency official to whom
such reports must be submitted will be specified in the order.
    Section 810.17(a)--Termination Request--(Reporting)--The person
named in a cease distribution and notification order or a mandatory
recall order may request termination of the order by submitting a
written request to FDA. The person submitting a request must certify
that he or she has complied in full with all the requirements of the
order and shall include a copy of the most current status report
submitted to the Agency.
    Based on a review of the information collection since our last
request for OMB approval, we have made no changes to the burden
estimate.

    Dated: July 26, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-16635 Filed 8-3-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Page 25454]
[FR Doc No: 2016-10031]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

In the Matter of Valentine Beauty Inc., File No. 500-1; Order of
Suspension of Trading

April 26, 2016.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Valentine Beauty Inc. (``VLBI'') because of concerns regarding the
accuracy and adequacy of information in the marketplace and suspicious
market activity relating to VLBI common stock. VLBI is a Nevada
corporation with its principal place of business located in Sunrise,
Florida. Its stock is quoted on OTC Link, operated by OTC Markets Group
Inc., under the ticker: VLBI.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    THEREFORE, IT IS ORDERED, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT on
April 26, 2016, through 11:59 p.m. EDT on May 9, 2016.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-10031 Filed 4-26-16; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33155-33157]
[FR Doc No: 2011-14139]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0450]
RIN 1625-AA00

Safety Zones; Multiple Firework Displays in Captain of the Port,
Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing safety zones in Holmes Harbor,
Boston Harbor, Port Gardner, Shilshole Bay, Port Ludlow, and Spieden
Island for various summer fireworks displays. The safety zones are
necessary to help ensure the safety of the maritime public during the
displays and will do so by prohibiting all persons and vessels from
entering the safety zones unless authorized by the Captain of the Port
or his designated representative.

DATES: This rule is effective from 5 p.m. on July 3, 2011 through 1
a.m. on August 13, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0450 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0450 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail ENS Anthony P. LaBoy, Coast Guard Sector
Puget Sound, Waterways Management Division; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision

authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because waiting for a notice and comment
period to run would be impracticable and contrary to the public
interest in that it would inhibit the Coast Guard's ability to protect
the public from the hazards associated with fireworks displays on
navigable waters.
    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. For the same reasons discussed in
the preceding paragraph, a 30 day notice period would be impractical
and contrary to the public interest.

Background and Purpose

    Fireworks displays create hazardous conditions for the maritime
public because of the large number of vessels that congregate near the
displays as well as the noise, falling debris, and explosions that
occur during the event. The establishment of a safety zone around
displays helps to ensure the safety of the maritime public by
prohibiting all persons and vessels from coming too close to the
fireworks display and the associated hazards.

Discussion of Rule

    This rule establishes six safety zones for the following firework
displays: Freeland 3rd of July on July 3, 2011 in Holmes Harbor near
Freeland, WA; Boston Harbor Fireworks on July 3, 2011 in Boston Harbor
near Olympia, WA; Everett 4th of July Foundation on July 4, 2011 in
Port Gardner near Everett, WA; Tenold-Jordan Wedding on July 23, 2011
in Shilshole Bay, Seattle, WA; Port Ludlow Celebration on July 30, 2011
in Port Ludlow Bay, WA; and the Barghausen's Annual Firework display on
August 12, 2011 east of Green Point, Spieden Island, WA. All persons
and vessels will be prohibited from entering the safety zones during
the dates and times they are effective unless authorized by the Captain
of the Port or his designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. This rule is not a significant regulatory
action because it creates safety zones that are minimal in size and
short in duration.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit through the established safety zones during the times of
enforcement. This rule will not have a significant economic impact on a
substantial number of small entities because the temporary safety zones
are minimal in size and short in duration, and maritime traffic may be
permitted to transit them with permission from the Captain of the Port
or his designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (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.

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.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 concluded
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, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of safety zones.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

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. Chapters 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.T13-184 to read as follows:

Sec.  165.T13-184  Safety Zones; Multiple Firework Displays in Captain
of the Port, Puget Sound Area of Responsibility

    (a) Location. The following areas are designated as safety zones:
    1. Freeland Third of July, Holmes Harbor, Freeland, WA: All waters
of Holmes Harbor encompassed within a 300 yard radius around position
48[deg] 1.18' N, 122[deg] 31.88'W.
    2. Boston Harbor Fireworks, Boston Harbor, Olympia, WA: All waters
of Boston Harbor encompassed within a 200 yard radius around position
47[deg] 08.5' N, 122[deg] 54.2' W.
    3. Everett Fourth of July Foundation, Port Gardner, Everett, WA:
All waters of Port Gardner encompassed within a 300 yard radius around
position 48[deg] 00.672' N, 122[deg] 13.391' W.
    4. Tenold-Jordan Wedding, Shilshole Bay, Seattle, WA: All waters of
Shilshole Bay encompassed within a 150 yard radius around position
47[deg] 40.489' N, 122[deg] 24.795' W.
    5. Port Ludlow Celebration, Port Ludlow, WA: All waters of Port
Ludlow encompassed within a 150 yard radius around position 47[deg]
55.161' N, 122[deg] 41.157' W.
    6. Barghausen's Annual Firework Display, Green Point, Spieden
Island, WA: All waters east of Spieden Island encompassed within a 350
yard radius around position 48[deg] 37.939' N, 123[deg] 05.99' W.
    (b) Regulations. In accordance with the general regulations in 33
CFR part 165, Subpart C, no person or vessel may enter or remain in the
safety zone created by this section without the permission of the
Captain of the Port or his designated representative. Designated
representatives are Coast Guard Personnel authorized by the Captain of
the Port to grant persons or vessels permission to enter or remain in
the safety zone created by this section. See 33 CFR part 165, Subpart
C, for additional information and requirements.
    (c) Enforcement Period. The safety zones created by this section
will be in effect as follows:
    1. Freeland Third of July, Holmes Harbor, Freeland, WA: 5 p.m. on
July 3, 2011 until 1 a.m. on July 4, 2011.
    2. Boston Harbor Fireworks, Boston Harbor, Olympia, WA: 5 p.m. on
July 3, 2011 until 1 a.m. on July 4, 2011.
    3. Everett Fourth of July Foundation, Port Gardner, Everett, WA: 5
p.m. July 4, 2011 until 1 a.m. on July 5, 2011.
    4. Tenold-Jordan Wedding, Shilshole Bay, Seattle, WA: 5 p.m. on
July 23, 2011 until 1 a.m. on July 24, 2011.
    5. Port Ludlow Celebration, Port Ludlow, WA: 5 p.m. on July 30,
2011 until 1 a.m. on July 31, 2011.
    6. Barghausen's Annual Firework Display, Green Point, Spieden
Island, WA: 5 p.m. on August 12, 2011 until 1 a.m. on August 13, 2011.

    Dated: May 20, 2011.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-14139 Filed 6-7-11; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 2, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18880

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of   Centurion Air Cargo, Inc.      filed   8/10/2004  for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Foreign scheduled air transportation of property and mail between a
point or points in the United States, via intermediate points to a point
or points in Colombia, and beyond to points in the Western Hemisphere.
Centurion states that it will use the subject authority to convert its
existing charter operations to/from Colombia to scheduled service.

Applicant rep:  William H. Callaway, Jr.<PHONE_NUMBER>    DOT Analyst:
Thuy H. Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: September 2, 2004, through
September 2, 2006.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Colombia.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

	XX  Standard exemption conditions (attached)

________________________________________________________________________
________________________________________

Conditions: The authority granted to serve intermediate and beyond
points is limited to countries with which the United States has signed
open-skies agreements and/or countries for which Centurion holds
authority to serve under certificates and exemptions issued by the
Department.

________________________________________________________________________
__________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 Centurion’s application requests authority to operate via
intermediate points “in both directions”.  The authority to operate
via intermediate points inherently includes authority to operate via
such points in both directions unless otherwise specified.

 By Order 2001-12-12, we found Centurion fit, willing, and able to
conduct interstate and foreign charter air transportation of property,
and mail.  Centurion currently provides all-cargo charter flights
between the United States and Colombia.  Operationally, the services
proposed in the instant application are not markedly different in scope
from those charter services.  Thus, we found no reason to question the
carrier’s qualifications to provide the services proposed in the
present application.

 PAGE

 PAGE   2