[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39584-39586]
[FR Doc No: 2018-17088]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0865; Airspace Docket No. 17-ASO-19]
RIN-2120-AA66

Amendment of Class D and Class E Airspace; Biloxi, MS, and
Gulfport, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule

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SUMMARY: This action amends Class D airspace, and Class E surface
airspace, in addition to removing the NOTAM part-time status from Class
E airspace designated as an extension, and amending Class E airspace
extending upward from 700 feet above the surface at Keesler Air Force
Base (AFB), Biloxi, MS, and Gulfport-Biloxi International Airport,
(formerly Gulfport-Biloxi Regional Airport), Gulfport, MS. The
geographic coordinates for these airports and the Keesler TACAN
navigation aid are adjusted in the associated Class D and E airspace to
match the FAA's aeronautical database. Also, this action replaces the
outdated term ``Airport/Facility Directory'' with the term ``Chart
Supplement'' in the Class D and Class E surface area legal
descriptions. This action enhances the safety and management of
instrument flight rules (IFR) operations at these airports.

DATES: Effective 0901 UTC, November 8, 2018. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority

described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it amends Class D and Class E airspace at Keesler AFB,
Biloxi, MS, and Gulfport-Biloxi International Airport, Gulfport, MS, to
support IFR operations at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 8208; February 26, 2018) for Docket No. FAA-2017-0865
to amend Class D airspace, Class E surface airspace, Class E airspace
designated as an extension to Class D surface area, and Class E
airspace extending upward from 700 feet above the surface at Keesler
AFB, Biloxi, MS, and Gulfport-Biloxi International Airport.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11B dated
August 3, 2017, and effective September 15, 2017, which is incorporated
by reference in 14 CFR part 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class D airspace, and Class E surface area
airspace, in addition to removing the NOTAM part-time status from Class
E airspace designated as an extension to a Class D surface area, and
amending Class E airspace extending upward from 700 feet or more above
the surface at Keesler AFB, Biloxi, MS, and Gulfport-Biloxi
International Airport (formerly Gulfport-Biloxi Regional Airport,
Gulfport, MS.
    This action also amends the geographic coordinates of these
airports and the Keesler TACAN navigation aid in the noted airspace
classes to be in concert with the FAA's aeronautical database.
    Additionally, this action notes the airport name change to
Gulfport-Biloxi International Airport from Gulfport-Biloxi Regional
Airport.
    Finally, this action makes an editorial change to the Class D and
Class E surface area airspace legal descriptions replacing ``Airport/
Facility Directory'' with ``Chart Supplement'' for Keesler AFB, and
Gulfport-Biloxi International Airport.
    Class D and Class E airspace designations are published in
Paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11B, dated August 3, 2017, and effective September 15, 2017, which
is incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11B, Airspace Designations and Reporting
Points, dated August 3, 2017, effective September 15, 2017, is amended
as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO MS D Biloxi, MS [Amended]

Keesler AFB, MS
    (Lat. 30[deg]24'38'' N, long. 88[deg]55'28'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.2-mile radius of Keesler AFB, excluding
the portion west of long. 89[deg]00'00'' W. This Class D airspace
area is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Chart Supplement.
* * * * *

ASO MS D Gulfport, MS [Amended]

Gulfport-Biloxi International Airport, MS
    (Lat. 30[deg]24'26'' N, long. 89[deg]04'12'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.5-mile radius of Gulfport-Biloxi
International Airport; excluding that portion of airspace within the
Biloxi, MS, Class D airspace area. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Chart Supplement.

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

ASO MS E2 Biloxi, MS [Amended]

Keesler AFB, MS
    (Lat. 30[deg]24'38'' N, long. 88[deg]55'28'' W)

    Within a 4.2-mile radius of Keesler AFB, excluding the portion
west of long. 89[deg]00'00'' W. This Class E airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

ASO MS E4 Biloxi, MS [Amended]

Keesler AFB, MS
    (Lat. 30[deg]24'38'' N, long. 88[deg]55'28'' W)
Keesler TACAN
    (Lat. 30[deg]24'26'' N, long. 88[deg]55'47'' W)

    That airspace extending upward from the surface within 1.4 miles
each side of the Keesler TACAN 204[deg] radial, extending from the
4.2-mile radius of Keesler AFB to 6 miles southwest of the TACAN.
* * * * *

ASO MS E4 Gulfport, MS [Amended]

Gulfport-Biloxi International Airport, MS
    (Lat. 30[deg]24'26'' N, long. 89[deg]04'12'' W)
Gulfport VORTAC
    (Lat. 30[deg]24'25'' N, long. 89[deg]04'36'' W)

    That airspace extending upward from the surface within 3.3 miles
each side of Gulfport VORTAC 130[deg] and 322[deg] radials,
extending from the 4.5-mile radius of Gulfport-Biloxi International
Airport to 7 miles southeast and northwest of the VORTAC; excluding
that portion within the Biloxi, MS, Class D and E airspace areas.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO MS E5 Gulfport, MS [Amended]

Gulfport-Biloxi International Airport, MS
    (Lat. 30[deg]24'26'' N, long. 89[deg]04'12'' W)
Keesler AFB
    (Lat. 30[deg]24'38'' N, long. 88[deg]55'28'' W)
Keesler TACAN
    (Lat. 30[deg]24'26'' N, long. 88[deg]55'47'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Gulfport-Biloxi International Airport and
within a 6.5-mile radius of Keesler AFB and within 2 miles each side
of Keesler TACAN 204[deg] radial, extending from the 6.5-mile radius
to 10.6 miles southwest of the TACAN.

    Issued in College Park, Georgia, on August 1, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-17088 Filed 8-9-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Rules and Regulations]
[Pages 65161-65164]
[FR Doc No: 2015-27186]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2015-0001]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Associate Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Dated: October 8, 2015.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                           Location of referenced   (NAVD) # Depth in
           Flooding source(s)                    elevation          feet above ground     Communities affected
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                              St. Charles County, Missouri, and Incorporated Areas
                                       Docket Nos.: FEMA-B-1062 and B-1167
----------------------------------------------------------------------------------------------------------------
Baltic Creek...........................  At the confluence with                  +470  City of Cottleville, City
                                          Dardenne Creek.                               of St. Peters, City of
                                                                                Weldon Spring,
                                                                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 0.7 mile                  +492
                                          upstream of the
                                          confluence with
                                          Tributary 7.
Blanchette Creek (Backwater from         Just downstream of Katy                 +455  City of St. Charles,
 Missouri River).                         Trail/Abandoned Railroad.                     Unincorporated Areas of
                                                                                St. Charles County.
                                         At the confluence with                  +455
                                          the Missouri River.
Boschert Creek.........................  At the confluence with                  +441  City of St. Charles,
                                          Cole Creek.                                   Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 0.6 mile                  +532
                                          upstream of Sibley
                                          Street.
Cole Creek.............................  Approximately 0.4 mile                  +443  City of St. Charles.
                                          upstream of the
                                          confluence with Boschert
                                          Creek.
                                         Approximately 800 feet                  +529
                                          upstream of Graystone
                                          Drive.
Crooked Creek..........................  At the confluence with                  +475  City of Cottleville, City
                                          Dardenne Creek.                               of O'Fallon, City of
                                                                                Weldon Spring,
                                                                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 0.7 mile                  +574
                                          upstream of I-64.
Crystal Springs Creek (Backwater from    At the confluence with                  +457  City of St. Charles,
 Missouri River).                         the Missouri River.                           Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 871 feet                  +457
                                          upstream of South River
                                          Road.
Cunningham Branch......................  At the confluence with                  +535  City of O'Fallon,
                                          Dardenne Creek.                               Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 1,250 feet                +644
                                          upstream of State
                                          Highway D.
Dardenne Creek.........................  Approximately 400 feet                  +444  City of Cottleville, City
                                          downstream of Norfold                         of O'Fallon, City of St.
                                          Southern Railroad.                            Peters, Town of Dardenne
                                                                                Prairie, Unincorporated
                                                                                Areas of St. Charles
                                                                                County.
                                         Approximately 2.3 miles                 +748
                                          upstream of Oberhelman
                                          Road.
Duckett Creek (Overflow from Missouri    At the confluence with                  +462  Unincorporated Areas of
 River).                                  the Missouri River.                           St. Charles County.
                                         Approximately 0.5 miles                 +463
                                          upstream of Jungs
                                          Station Road.
East Branch Spencer Creek..............  At the confluence with                  +458  City of St. Peters.
                                          Spencer Creek.
                                         Just downstream of Boone                +503
                                          Hills Drive.
East Branch Tributary B................  At the confluence with                  +480  City of Cottleville, City
                                          Dardenne Creek.                               of O'Fallon,
                                                                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 150 feet                  +525
                                          upstream of State
                                          Highway K.
East Cole Creek........................  At the confluence with                  +457  City of St. Charles.
                                          Cole Creek.
                                         Approximately 600 feet                  +478
                                          upstream of Canary Lane.
Femme Osage Creek (Backwater from        Approximately 0.4 miles                 +476  Unincorporated Areas of
 Missouri River).                         downstream of State                           St. Charles County.
                                          Highway 94.
                                         Approximately 1.4 miles                 +476
                                          downstream of Defiance
                                          Road.
Kraut Run..............................  At the confluence with                  +506  Unincorporated Areas of
                                          Dardenne Creek.                               St. Charles County.
                                         Approximately 1,000 feet                +607
                                          upstream of Wilson Road.
Lake Sainte Louise.....................  Entire shoreline within                 +546  City of Lake St. Louis.
                                          community.
Little Dardenne Creek..................  At the confluence with                  +554  Unincorporated Areas of
                                          Dardenne Creek.                               St. Charles County.
                                         Approximately 0.9 mile                  +719
                                          upstream of Morrison
                                          Lane.
Mississippi River......................  At the St. Charles                      +434  City of O'Fallon, City of
                                          County, Missouri/St.                          Portage Des Sioux, City
                                          Louis County, Missouri/                       of St. Charles, City of
                                          Madison County, Illinois                      St. Paul, City of St.
                                          county boundary,                              Peters, Town of West
                                          approximately 6.2 miles                       Alton, Unincorporated
                                          downstream of Melvin                          Areas of St. Charles
                                          Price Lock and Dam.                           County.
                                         At the St. Charles County/              +444
                                          Lincoln County boundary,
                                          approximately 3.0 miles
                                          upstream of confluence
                                          with Peruue Creek.
Missouri River.........................  At the St. Charles                      +434  City of St. Charles, City
                                          County, Missouri/St.                          of Weldon Spring, Town
                                          Louis County, Missouri/                       of West Alton, Town of
                                          Madison County, Illinois                      Augusta, Unincorporated
                                          county boundary,                              Areas of St. Charles
                                          approximately 7.4 miles                       County.
                                          downstream of the Lewis
                                          Bridge.
                                         Near the St. Charles                    +492
                                          County/Warren County
                                          boundary, approximately
                                          22.3 miles upstream of
                                          the Daniel Boone Bridge.

Oday Creek.............................  At the confluence with                  +505  City of Lake St. Louis,
                                          Dardenne Creek.                               City of O'Fallon, City
                                                                                of St. Charles,
                                                                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 425 feet                  +587
                                          upstream of State
                                          Highway N.
Old Dardenne Creek.....................  At the confluence with                  +486  Town of Dardenne Prairie,
                                          Dardenne Creek.                               City of O'Fallon, City
                                                                                of St. Charles,
                                                                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 350 feet                  +502
                                          upstream of U.S. Route
                                          40/61.
Peruque Creek..........................  Approximately 0.3 mile                  +530  City of Foristell, City
                                          downstream of State                           of Wentzville,
                                          Highway Z.                                    Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 1.3 miles                 +630
                                          upstream of State
                                          Highway T.
Peruque Creek Tributary 12.............  At the confluence with                  +471  City of St. Paul,
                                          Peruque Creek.                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 0.4 mile                  +527
                                          upstream of Meadow Farm
                                          Lane.
Peruque Creek Tributary 14.............  Approximately 0.2 mile                  +464  City of O'Fallon,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Peruque                       St. Charles County.
                                          Creek.
                                         Approximately 1,000 feet                +512
                                          upstream of Civic Park
                                          Drive.
Peruque Creek Tributary 15.............  Approximately 900 feet                  +464  City of O'Fallon.
                                          upstream of the
                                          confluence with Peruque
                                          Creek.
                                         Approximately 1,300 feet                +507
                                          upstream of Main Street.
Peruque Creek Tributary 2..............  At the confluence with                  +613  City of Foristell,
                                          Peruque Creek.                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 600 feet                  +734
                                          upstream of State
                                          Highway T.
Peruque Creek Tributary 8..............  Approximately 1.0 mile                  +505  City of Lake St. Louis,
                                          upstream of the                               City of Wentzville.
                                          confluence with Peruque
                                          Creek.
                                         Approximately 0.6 mile                  +546
                                          upstream of I-70.
Peruque Creek Tributary 9..............  Approximately 1.0 mile                  +505  City of Lake St. Louis,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Peruque                       St. Charles County.
                                          Creek.
                                         Approximately 0.4 mile                  +539
                                          upstream of Henke Road.
Sandfort Creek.........................  Just downstream of                      +442  City of St. Charles,
                                          Norfolk Southern                              Unincorporated Areas of
                                          Railroad.                                     St. Charles County.
                                         Approximately 350 feet                  +497
                                          downstream of Muegge
                                          Road.
Schote Creek...........................  At the confluence with                  +481  City of O'Fallon, Town of
                                          Dardenne Creek.                               Dardenne Prairie,
                                                                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 1.6 miles                 +583
                                          upstream of U.S. Route
                                          40/61.
Spencer Creek..........................  Approximately 365 feet                  +444  City of St. Peters,
                                          upstream of the railroad.                     Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 1,200 feet                +526
                                          upstream of Millwood
                                          Drive.
Taylor Branch (Backwater from Missouri   At the confluence with                  +460  City of St. Charles,
 River).                                  the Missouri River.                           Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 0.6 miles                 +460
                                          upstream of South River
                                          Road.
Tributary A............................  At the confluence with                  +469  City of St. Peters,
                                          Dardenne Creek.                               Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 500 feet                  +536
                                          upstream of Starlight
                                          Drive.
Tributary No. 1........................  At the confluence with                  +464  City of St. Peters,
                                          Dardenne Creek.                               Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 400 feet                  +473
                                          upstream of Harris Drive.
Tributary No. 13.......................  At the confluence with                  +486  Town of Dardenne Prairie,
                                          Dardenne Creek.                               City of O'Fallon.
                                         Approximately 700 feet                  +508
                                          upstream of McClure Road.
Tributary No. 15.......................  At the confluence with                  +495  Town of Dardenne Prairie,
                                          Dardenne Creek.                               City of O'Fallon,
                                                                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 300 feet                  +567
                                          upstream of Keystone
                                          Crossing Drive.
Tributary No. 17.......................  Approximately 0.8 mile                  +522  City of O'Fallon,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Dardenne                      St. Charles County.
                                          Creek.
                                         Approximately 900 feet                  +895
                                          upstream of Hopewell
                                          Road.
Tributary No. 19.......................  Approximately 1,300 feet                +505  Unincorporated Areas of
                                          upstream of the                               St. Charles County.
                                          confluence with Dardenne
                                          Creek.
                                         Approximately 2.1 miles                 +573
                                          upstream of the
                                          confluence with Dardenne
                                          Creek.
Tributary No. 2........................  Just upstream of Ohmes                  +465  City of St. Peters.
                                          Road.
                                         Approximately 0.5 mile                  +478
                                          upstream of Ohmes Road.
Tributary No. 3........................  At the confluence with                  +469  Unincorporated Areas of
                                          Tributary A.                                  St. Charles County.
                                         Approximately 0.8 mile                  +503
                                          upstream of St. Peters-
                                          Howell Road.

Tributary No. 4........................  At the confluence with                  +469  City of St. Peters,
                                          Tributary A.                                  Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 1,150                     +509
                                          upstream of Woodstream
                                          Drive.
Tributary No. 7........................  At the confluence with                  +482  City of St. Peters, City
                                          Baltic Creek.                                 of Weldon Spring.
                                         Approximately 0.8 mile                  +504
                                          upstream of Pitmann Hill
                                          Road.
Tributary No. 9........................  At the confluence with                  +480  City of Weldon Spring,
                                          Crooked Creek.                                Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 0.5 mile                  +497
                                          upstream of Guthermuth
                                          Road.
West Branch Spencer Creek..............  At the confluence with                  +450  Unincorporated Areas of
                                          Spencer Creek.                                St. Charles County.
                                         Approximately 400 feet                  +510
                                          upstream of Willott Road.
West Branch Tributary B................  At the confluence with                  +489  Town of Dardenne Prairie.
                                          East Branch Tributary B.
                                         Approximately 150 feet                  +622
                                          upstream of Bryan Road.
West Sandfort Creek....................  At the confluence with                  +450  City of St. Charles,
                                          Sandfort Creek.                               Unincorporated Areas of
                                                                                St. Charles County.
                                         Approximately 1,400 feet                +459
                                          upstream of Harry S.
                                          Truman Boulevard.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Cottleville
Maps are available for inspection at City Hall, 5490 5th Street, Cottleville, MO 63338.

City of Foristell
Maps are available for inspection at City Hall, 121 Mulberry Street, Foristell, MO 63348.

City of Lake St. Louis
Maps are available for inspection at City Hall, 200 Civic Center Drive, Lake St. Louis, MO 63367.

City of O'Fallon
Maps are available for inspection at City Hall, 100 North Main Street, O'Fallon, MO 63366.

City of Portage Des Sioux
Maps are available for inspection at the County Adminstration Building, 201 North 2nd Street, Room 420, St.
 Charles, MO 63301.

City of St. Charles
Maps are available for inspection at City Hall, 200 North 2nd Street, St. Charles, MO 63301.

City of St. Paul
Maps are available for inspection at City Hall, 2300 St. Paul Road, St. Paul, MO 63366.

City of St. Peters
Maps are available for inspection at City Hall, 1 St. Peters Centre Boulevard, St. Peters, MO 63376.

City of Weldon Spring
Maps are available for inspection at City Hall, 5401 Independence Road, Weldon Spring, MO 63304.

City of Wentzville
Maps are available for inspection at City Hall, 310 West Pearce Boulevard, Wentzville, MO 63385.

Town of Dardenne Prairie
Maps are available for inspection at Town Hall, 2032 Hanley Road, Dardenne Prairie, MO 63368.

Town of West Alton
Maps are available for inspection at 201 North 2nd Street, Room 420, St. Charles, MO 63301.

Unincorporated Areas of St. Charles County
Maps are available for inspection at the County Adminstration Building, 201 North 2nd Street, Room 420, St.
 Charles, MO 63301.

Town of Augusta
Maps are available for inspection at Town Hall, 239 Green Street, Augusta, MO 63332.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-27186 Filed 10-23-15; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14064-14067]
[FR Doc No: 2019-06948]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0193]
RIN 1625-AA00

Safety Zones; July 4th Holiday Fireworks in the Coast Guard
Captain of the Port Maryland-National Capital Region Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish three temporary
safety zones for certain waters within the Captain of the Port
Maryland-National Capital Region Zone. This action is necessary to
provide for the safety of life on these navigable waters of the Severn
River at Sherwood Forest, MD, on July 3, 2019, (with alternate date of
July 5, 2019), the Middle River in Baltimore County, MD, on July 6,
2019, (with alternate date of July 7, 2019), and the Susquehanna River
at Havre de Grace, MD, on July 6, 2019, (with alternate date of July 7,
2019), during fireworks displays to commemorate the July 4th holiday.
This proposed rulemaking would prohibit persons and vessels from being
in the safety zones unless authorized by the Captain of the Port
Maryland-National Capital Region or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 9, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0193 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Sherwood Forest Club, Inc., of Sherwood Forest, MD, notified
the Coast Guard that it will be conducting a fireworks display on July
3, 2019, at 9:20 p.m. The private fireworks display is to be launched
from the end of the Sherwood Forest Club main pier, located adjacent to
the Severn River, approximately 200 yards east of Brewer Pond in
Sherwood Forest, MD. In the event of inclement weather, the fireworks
display will be scheduled for July 5, 2019. Hazards from the fireworks
displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The COTP Maryland-
National Capital Region has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone within 150 yards of the fireworks discharge
site.
    The Marine Trades Association of Baltimore County, Inc. of
Baltimore, MD, notified the Coast Guard that it will be conducting a
fireworks display on July 6, 2019, at 9:15 p.m. The private fireworks
display is to be launched from a fireworks barge located in the Middle
River, approximately 300 yards southeast of Wilson Point in Baltimore
County, MD. In the event of inclement weather, the fireworks display
will be scheduled for July 7, 2019. Hazards from the fireworks displays
include accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris. The COTP Maryland-National Capital
Region has determined that potential hazards associated with the
fireworks to be used in this display would be a safety concern for
anyone within 200 yards of the fireworks barge.
    The 2019 Independence Day Commission of Havre de Grace, MD,
notified the Coast Guard that it will be conducting a fireworks display
on July 6, 2019, at 9:15 p.m. The public fireworks display is to be
launched from a fireworks barge located in the Susquehanna River,
approximately 300 yards southeast of Concord Point in Havre de Grace,
MD. In the event of inclement weather, the fireworks display will be
scheduled for July 7, 2019. Hazards from the fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The COTP Maryland-National Capital Region
has determined that potential hazards associated with the fireworks to
be used in these displays would be a safety concern for anyone within
200 yards of the fireworks barge.
    The purpose of this rulemaking is to ensure the safety of vessels
on the navigable waters of the Severn River within 150 yards of the
fireworks discharge site, the Middle River within 200 yards of the
fireworks barge, and the Susquehanna River within 200 yards of the
fireworks barge before, during, and after the scheduled events. The
Coast Guard proposes this rulemaking under authority in 46 U.S.C.
70034.

III. Discussion of Proposed Rule

    The COTP proposes to establish three temporary safety zones for
certain waters within the Captain of the Port Maryland-National Capital
Region Zone, as described in 33 CFR 3.25-15. This rule would be
effective from 8:30 a.m. on July 3, 2019, through 10:30 p.m. on July 7,
2019, and would be enforced

during the times described below for each zone.
    The first safety zone would be enforced from 8:30 p.m. to 10:30
p.m. on July 3, 2019, or if necessary due to inclement weather, from
8:30 p.m. to 10:30 p.m. on July 5, 2019. This zone would cover all
navigable waters of the Severn River, within 150 yards of a fireworks
discharge site located at the end of Sherwood Forest Club main pier in
approximate position latitude 39[deg]01'54.0'' N, longitude
076[deg]32'41.8'' W, Sherwood Forest, MD. A ``FIREWORKS--DANGER--STAY
AWAY'' sign would be posted on land adjacent to the shoreline, near the
location. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 9:20 p.m. to 9:50 p.m. fireworks display.
    The second safety zone would be enforced from 8 p.m. to 10:30 p.m.
on July 6, 2019, or if necessary due to inclement weather, from 8 p.m.
to 10:30 p.m. on July 7, 2019. The safety zone would cover all
navigable waters of the Middle River, within 200 yards of a fireworks
barge in approximate position latitude 39[deg]18'24'' N, longitude
076[deg]24'29'' W, located in Baltimore County, MD. A ``FIREWORKS--
DANGER--STAY AWAY'' sign would be posted on the port and starboard
sides of the barge on-scene near the location. The duration of the zone
is intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 9:15 p.m. to 9:45 p.m.
fireworks display.
    The third safety zone would be enforced from 8 p.m. to 10:30 p.m.
on July 6, 2019, or if necessary due to inclement weather, from 8 p.m.
to 10:30 p.m. on July 7, 2019. The safety zone would cover all
navigable waters of the Susquehanna River, within 200 yards of a
fireworks barge in approximate position latitude 39[deg]32'19'' N,
longitude 076[deg]04'58.3'' W, located at Havre de Grace, MD. A
``FIREWORKS--DANGER--STAY AWAY'' sign would be posted on the port and
starboard sides of the barge on-scene near the location. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 9:15 p.m. to
9:45 p.m. fireworks display.
    Vessels or persons would be required to obtain permission from the
COTP or COTP's designated representative before entering the safety
zone. The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size,
duration, and time-of-day of the safety zones, which would impact small
designated areas of the Severn River, Middle River, and Susquehanna
River for a total of approximately seven enforcement-hours, during the
evening when vessel traffic is normally low. Moreover, the Coast Guard
will issue Local Notices to Mariners and a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zones.

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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves three
safety zones that would prohibit entry within portions of the Severn
River, Middle River, and Susquehanna River. The rule would be in effect
between 8:30 a.m. on July 3, 2019 through 10:30 p.m. on July 7, 2019,
and would be enforced for approximately seven hours over this time.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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.T05-0193 to read as follows:

Sec.  165.T05-0193   Safety Zones; July 4th Holiday Fireworks in the
Coast Guard Captain of the Port Maryland-National Capital Region Zone.

    (a) Locations. The following areas are a safety zone. All
coordinates refer to datum NAD 1983.
    (1) Safety zone 1. All navigable waters of the Severn River, within
150 yards of a fireworks discharge site located at the end of Sherwood
Forest Club main pier in approximate position latitude 39[deg]01'54.0''
N, longitude 076[deg]32'41.8'' W, located at Sherwood Forest, MD.
    (2) Safety zone 2. All navigable waters of the Middle River, within
200 yards of a fireworks barge in approximate position latitude
39[deg]18'24'' N, longitude 076[deg]24'29'' W, located in Baltimore
County, MD.
    (3) Safety zone 3. All navigable waters of the Susquehanna River,
within 200 yards of a fireworks barge in approximate position latitude
39[deg]32'19'' N, longitude 076[deg]04'58.3'' W, located at Havre de
Grace, MD.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing any safety
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at<PHONE_NUMBER> or on Marine
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz).
    (3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement. These safety zones will be enforced during the
periods described in paragraph (f) of this section. A ``FIREWORKS--
DANGER--STAY AWAY'' sign will be posted on land adjacent to the
shoreline, near the location described in paragraph (a)(1) of this
section. A ``FIREWORKS--DANGER--STAY AWAY'' sign will be posted on the
port and starboard sides of the barge on-scene near the locations
described in paragraphs (a)(2) and (a)(3) of this section.
    (f) Enforcement periods. (1) Paragraph (a)(1) of this section will
be enforced from 8:30 p.m. to 10:30 p.m. on July 3, 2019. If necessary
due to inclement weather on July 3rd, it will be enforced from 8:30
p.m. to 10:30 p.m. on July 5, 2019.
    (2) Paragraph (a)(2) of this section will be enforced from 8 p.m.
to 10:30 p.m.

on July 6, 2019. If necessary due to inclement weather on July 6th, it
will be enforced from 8 p.m. to 10:30 p.m. on July 7, 2019.
    (3) Paragraph (a)(3) of this section will be enforced from 8 p.m.
to 10:30 p.m. on July 6, 2019. If necessary due to inclement weather on
July 6th, it will be enforced from 8 p.m. to 10:30 p.m. on July 7,
2019.

    Dated: April 2, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-06948 Filed 4-8-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Notices]
[Page 32493]
[DOCID:fr08jn10-128]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1917-DR; Docket ID FEMA-2010-0002]

Oklahoma; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Oklahoma (FEMA-1917-DR), dated May 24, 2010, and
related determinations.

DATES: Effective Date: May 28, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Oklahoma is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 24, 2010.

    Creek and Garvin Counties for Individual Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-13742 Filed 6-7-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Notices]
[Pages 69093-69095]
[FR Doc No: 2013-27503]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1394]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Guidance for Industry on Special Protocol Assessment

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection in
the guidance for industry on special protocol assessment.

DATES: Submit either electronic or written comments on the collection
of information by January 17, 2014.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Guidance for Industry on Special Protocol Assessment--(OMB Control
Number 0910-0470)--Extension

    The ``Guidance for Industry on Special Protocol Assessment''
describes Agency procedures to evaluate issues related to the adequacy
(e.g., design, conduct, analysis) of certain proposed studies. The
guidance describes procedures for sponsors to request special protocol
assessment and for the Agency to act on such requests. The guidance
provides information on how the Agency interprets and applies
provisions of the Food and Drug Administration Modernization Act of
1997 and the specific Prescription Drug User Fee Act of 1992 (PDUFA)
goals for special protocol assessment associated with the development
and review of PDUFA products. The guidance describes the following two
collections of information: (1) The submission of a notice of intent to
request special protocol assessment of a carcinogenicity protocol and
(2) the submission of a request for special protocol assessment.

Notification for a Carcinogenicity Protocol

    As described in the guidance, a sponsor interested in Agency
assessment of a carcinogenicity protocol should notify the appropriate
division in FDA's Center for Drug Evaluation and Research (CDER) or the
Center for Biologics Evaluation and Research (CBER) of an intent to
request special protocol assessment at least 30 days

prior to submitting the request. With such notification, the sponsor
should submit relevant background information so that the Agency may
review reference material related to carcinogenicity protocol design
prior to receiving the carcinogenicity protocol.

Request for Special Protocol Assessment

    The guidance asks that a request for special protocol assessment be
submitted as an amendment to the investigational new drug application
(IND) for the underlying product and that it be submitted to the Agency
in triplicate with Form FDA 1571 attached. The guidance also suggests
that the sponsor submit the cover letter to a request for special
protocol assessment via facsimile to the appropriate division in CDER
or CBER. Agency regulations (21 CFR 312.23(d)) state that information
provided to the Agency as part of an IND is to be submitted in
triplicate and with the appropriate cover form, Form FDA 1571. An IND
is submitted to FDA under existing regulations in part 312 (21 CFR part
312), which specifies the information that manufacturers must submit so
that FDA may properly evaluate the safety and effectiveness of
investigational drugs and biological products. The information
collection requirements resulting from the preparation and submission
of an IND under part 312 have been estimated by FDA and the reporting
and recordkeeping burden has been approved by OMB under OMB control
number 0910-0014.
    FDA suggests that the cover letter to the request for special
protocol assessment be submitted via fax to the appropriate division in
CDER or CBER to enable Agency staff to prepare for the arrival of the
protocol for assessment. The Agency recommends that a request for
special protocol assessment be submitted as an amendment to an IND for
two reasons: (1) To ensure that each request is kept in the
administrative file with the entire IND and (2) to ensure that
pertinent information about the request is entered into the appropriate
tracking databases. Use of the information in the Agency's tracking
databases enables the appropriate Agency official to monitor progress
on the evaluation of the protocol and to ensure that appropriate steps
will be taken in a timely manner.
    The guidance recommends that the following information should be
submitted to the appropriate Center with each request for special
protocol assessment so that the Center may quickly and efficiently
respond to the request:
     Questions to the Agency concerning specific issues
regarding the protocol; and
     All data, assumptions, and information needed to permit an
adequate evaluation of the protocol, including: (1) The role of the
study in the overall development of the drug; (2) information
supporting the proposed trial, including power calculations, the choice
of study endpoints, and other critical design features; (3) regulatory
outcomes that could be supported by the results of the study; (4) final
labeling that could be supported by the results of the study; and (5)
for a stability protocol, product characterization and relevant
manufacturing data.
    Description of Respondents: A sponsor, applicant, or manufacturer
of a drug or biologic product regulated by the Agency under the Federal
Food, Drug, and Cosmetic Act or section 351 of the Public Health
Service Act (42 U.S.C. 262) who requests special protocol assessment.
    Burden Estimate: Table 1 of this document provides an estimate of
the annual reporting burden for notifications for a carcinogenicity
protocol and requests for a special protocol assessment.
    Notification for a Carcinogenicity Protocol. Based on the number of
notifications for carcinogenicity protocols and the number of
carcinogenicity protocols currently submitted to CDER and CBER, CDER
estimates that it will receive approximately 50 notifications of an
intent to request special protocol assessment of a carcinogenicity
protocol per year from approximately 23 sponsors. CBER estimates that
it will receive approximately one notification of an intent to request
special protocol assessment of a carcinogenicity protocol per year from
approximately one sponsor. The hours per response, which is the
estimated number of hours that a sponsor would spend preparing the
notification and background information to be submitted in accordance
with the guidance, is estimated to be approximately 8 hours.
    Requests for Special Protocol Assessment. Based on the number of
requests for special protocol assessment currently submitted to CDER
and CBER, CDER estimates that it will receive approximately 300
requests for special protocol assessment per year from approximately
145 sponsors. CBER estimates that it will receive approximately14
requests from approximately 11 sponsors. The hours per response is the
estimated number of hours that a respondent would spend preparing the
information to be submitted with a request for special protocol
assessment, including the time it takes to gather and copy questions to
be posed to the Agency regarding the protocol and data, assumptions,
and information needed to permit an adequate evaluation of the
protocol. Based on the Agency's experience with these submissions, FDA
estimates approximately 15 hours on average would be needed per
response.
    FDA estimates the burden of this collection as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                    Number of
            Activity                Number of     responses per    Total annual   Average burden    Total hours
                                   respondents      respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Notification for                             24              2.1              51               8             408
 carcinogenicity protocols.....
Requests for special protocol               156              2               314              15           4,710
 assessment....................
                                --------------------------------------------------------------------------------
    Total......................  ..............  ...............  ..............  ..............           5,118
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: November 12, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-27503 Filed 11-15-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Proposed Rules]
[Pages 41469-41471]
[FR Doc No: 2020-14761]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0395]
RIN 1625-AA00

Safety Zone; Ohio River, Newburgh, IN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for all navigable waters of the Ohio River, extending the entire
width of the river, from mile marker (MM) 777.3 to MM 778.3. This
action is necessary to provide for the safety of life on these
navigable waters near Newburgh, IN, during a fireworks display on
September 5, 2020. This proposed rulemaking would prohibit persons and
vessels from entering the safety zone unless authorized by the Captain
of the Port Sector Ohio Valley or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 10, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0395 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, or email MST3 Jackson U.S. Coast Guard, telephone
502-779-5347, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On June 23, 2020, Historic Newburgh, Inc. notified the Coast Guard
that it will be conducting a fireworks display from 9:30 p.m. through
10 p.m. on September 5, 2020. The fireworks are to be launched from the
shore near the city of Newburgh, IN, with a fallout radius occurring
over the Ohio River. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Sector Ohio Valley (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone between mile
marker (MM) 777.3 to MM 778.3.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the one-mile segment of the Ohio River
before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 9:30 p.m.
through 10 p.m. on September 5, 2020. The safety zone will cover all
navigable waters, extending the entire width of the river, from mile
marker (MM) 777.3 to MM 778.3. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled fireworks display. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size,
location, and duration of the temporary safety zone. This safety zone
restricts transit on a one-mile segment of the Ohio River for thirty
minutes on one day. Moreover, the Coast Guard would issue Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and
Marine Safety Information Bulletins (MSIBs) about this safety zone so
that waterway users may plan accordingly for this short restriction on
transit, and the rule would allow vessels to request permission to
enter the zone.

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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting thirty minutes that would prohibit entry within a one mile
segment of the Ohio River. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted

without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 is
proposing to amend 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.T08-0395 to read as follows:

Sec.  165.T08-0395   Safety Zone; Ohio River, Newburgh, IN.

    (a) Location. The following area is a temporary safety zone: All
navigable waters of the Ohio River between MM 777.3 to MM 778.3 in
Newburgh, IN.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, entry into the safety zone, described in
paragraph (a) of this section, is prohibited unless specifically
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative. Persons or vessels desiring to enter into or
pass through the zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM radio
channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to enter this safety zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
    (c) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners and the Local Notice to Mariners of the enforcement period for
the temporary safety zone as well as any changes in the planned
schedule.
    (d) Enforcement Period. This section will be enforced from 9:30
p.m. to 10 p.m. on September 5, 2020.

    Dated: July 1, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-14761 Filed 7-9-20; 8:45 am]
BILLING CODE 9110-04-P