[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Rules and Regulations]
[Pages 4094-4097]
[FR Doc No: 2014-01377]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2013-0002]

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.

    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:

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                                                                      * Elevation in
                                                                     feet  (NGVD)  +
                                                                    Elevation in feet
                                                                      (NAVD)   Depth in feet
           Flooding source(s)                    elevation             above ground       Communities affected
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                         Modified

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                                Dearborn County, Indiana, and Incorporated Areas
                                             Docket No.: FEMA-B-1176
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Great Miami River......................  Approximately 0.23 mile                 +490  City of Greendale,
                                          upstream of the Ohio                          Unincorporated.
                                          River confluence.
                                         5.07 miles upstream of                  +490  Areas of Dearborn County.
                                          the Ohio River
                                          confluence.
Ohio River.............................  Approximately 0.65 mile                 +486  City of Aurora, City of
                                          upstream of the Laughery                      Lawrenceburg,
                                          Creek confluence.                             Unincorporated Areas of
                                                                                Dearborn County.

                                          Approximately 1.25 miles               +488
                                          upstream of the Tanners
                                          Creek confluence.
Tanners Creek..........................  Approximately 0.46 mile                 +489  City of Greendale, City
                                          downstream of U.S. Route                      of Lawrenceburg,
                                          50.                                           Unincorporated Areas of
                                                                                Dearborn County.
                                         Approximately 2.07 miles                +489
                                          upstream of Conrail.
Wilson Creek...........................  At the Ohio River                       +487  City of Aurora,
                                          confluence.                                   Unincorporated Areas of
                                                                                Dearborn County.
                                         Approximately 0.35 miles                +487
                                          upstream of Wilson Creek
                                          Road.
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* 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 Aurora
Maps are available for inspection at City Hall, 235 Main Street, Aurora, IN 47001.

City of Greendale
Maps are available for inspection at Utilities Office, 510 Ridge Avenue, Greendale, IN 47025.

City of Lawrenceburg
Maps are available for inspection at Administration Building, 230 Walnut Street, Lawrenceburg, IN 47025.

                                     Unincorporated Areas of Dearborn County
Maps are available for inspection at Dearborn County Administration Building, 215B West High Street,
 Lawrenceburg, IN 47025.
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                                 Colfax County, Nebraska, and Incorporated Areas
                                             Docket No.: FEMA-B-1178
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East Fork Maple Creek..................  Approximately 81 feet                  +1454  Unincorporated Areas of
                                          downstream of State                           Colfax County.
                                          Highway 91.
                                         Approximately 1,651 feet               +1467
                                          upstream of County Road
                                          14.
Platte River...........................  Approximately 0.73 miles               +1310  Unincorporated Areas of
                                          upstream of County Road                       Colfax County.
                                          18.
                                         Approximately 2.93 miles               +1410
                                          upstream of Wolfe Road.
Shell Creek............................  Approximately 834 feet                 +1332  Unincorporated Areas of
                                          upstream of County Road                       Colfax County.
                                          D.
                                         Approximately 1.9 miles                +1446
                                          upstream of County Road
                                          2.
Shell Creek (Right Overbank)...........  Approximately 0.76 miles               +1348  City of Schuyler,
                                          downstream of County                          Unincorporated Areas of
                                          Road E.                                       Colfax County.
                                         Approximately 1.5 miles                +1361
                                          upstream of U.S. Route
                                          30.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Lower Low Water.

                                                    ADDRESSES

City of Schuyler
Maps are available for inspection at the City Office, 1103 B Street, Schuyler, NE 68661.

                                      Unincorporated Areas of Colfax County
Maps are available for inspection at the County Courthouse, 411 East 11th Street, Schuyler, NE 68661.
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                                   Smith County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1213
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Black Fork Creek.......................  Approximatey 0.43 mile                  +380  City of Tyler,
                                          upstream of the Prairie                       Unincorporated Areas of
                                          Creek West confluence.                        Smith County.
                                         Approximately 0.71 mile                 +531
                                          upstream of East 5th
                                          Street.
Black Fork Creek Tributary BF-1........  At the Black Fork Creek                 +436  City of Tyler,
                                          confluence.                                   Unincorporated Areas of
                                                                                Smith County.
                                         Approximately 1.2 miles                 +476
                                          upstream of Loop 323.
Black Fork Creek Tributary BF-M-1......  At the Black Fork Creek                 +496  City of Tyler.
                                          confluence.
                                         Approximately 1,475 feet                +523
                                          upstream of Devine
                                          Street.
Black Fork Creek Tributary D...........  At the Black Fork Creek                 +469  City of Tyler.
                                          confluence.
                                         Approximately 1,180 feet                +508
                                          upstream of East Front
                                          Street.
Black Fork Creek Tributary D-1.........  At the Black Fork Creek                 +473  City of Tyler.
                                          Tributary D confluence.
                                         Approximately 1,770 feet                +479
                                          upstream of the Black
                                          Fork Creek Tributary D
                                          confluence.
Black Fork Creek Tributary D-2.........  At the Black Fork Creek                 +487  City of Tyler.
                                          Tributary D confluence.
                                         Approximately 1,053 feet                +490
                                          upstream of Townsend
                                          Avenue.
Black Fork Creek Tributary D-3.........  At the Black Fork Creek                 +488  City of Tyler.
                                          Tributary D confluence.
                                         At Elm Street............               +491
Butler Creek...........................  Approximately 340 feet                  +361  City of Tyler,
                                          upstream of Farm to                           Unincorporated Areas of
                                          Market 2661.                                  Smith County.
                                         Approximately 640 feet                  +457
                                          upstream of State Route
                                          155.
Gilley Creek...........................  Approximately 310 feet                  +379  City of Tyler,
                                          downstream of Farm to                         Unincorporated Areas of
                                          Market 848.                                   Smith County.
                                         Approximately 150 feet                  +474
                                          upstream of University
                                          Boulevard.
Gilley Creek Tributary G-1.............  At the Gilley Creek                     +426  City of Tyler,
                                          confluence.                                   Unincorporated Areas of
                                                                                Smith County.
                                         Approximately 1.14 miles                +478
                                          upstream of County Road
                                          2120.
Harris Creek...........................  Approximately 300 feet                  +329  Unincorporated Areas of
                                          upstream of the Ray                           Smith County.
                                          Creek confluence.
                                         Approximately 2.16 miles                +463
                                          upstream of Farm to
                                          Market 850.
Henshaw Creek..........................  At the West Mud Creek                   +383  Unincorporated Areas of
                                          confluence.                                   Smith County.
                                         Approximately 0.71 mile                 +477
                                          upstream of County Road
                                          165.
Indian Creek...........................  Approximately 490 feet                  +349  City of Tyler,
                                          upstream of the Lake                          Unincorporated Areas of
                                          Palestine confluence.                         Smith County.
                                         Approximately 1,950 feet                +473
                                          upstream of Loop 323.
Ray Creek..............................  Approximately 0.37 mile                 +332  Unincorporated Areas of
                                          upstream of the Harris                        Smith County.
                                          Creek confluence.
                                         Approximately 525 feet                  +436
                                          upstream of Old
                                          Gladwater Highway.
Shackleford Creek......................  At the West Mud Creek                   +383  City of Tyler,
                                          confluence.                                   Unincorporated Areas of
                                                                                Smith County.
                                         Approximately 620 feet                  +481
                                          upstream of Paluxy Drive
                                          (Farm to Market 756).
West Mud Creek.........................  Approximately 200 feet                  +361  City of Tyler,
                                          upstream of Farm to                           Unincorporated Areas of
                                          Market 344 East.                              Smith County.
                                         Approximately 1,300 feet                +496
                                          upstream of Easy Street.
West Mud Creek Tributary 11............  At the West Mud Creek                   +419  City of Tyler.
                                          confluence.
                                         Approximately 400 feet                  +462
                                          upstream of Holly Creek
                                          Drive.
West Mud Creek Tributary B.............  Approximately 125 feet                  +467  City of Tyler.
                                          upstream of the West Mud
                                          Creek confluence.
                                         Approximately 125 feet                  +504
                                          upstream of Paluxy Drive.
West Mud Creek Tributary M-1...........  At the West Mud Creek                   +444  City of Tyler.
                                          Tributary M-A confluence.
                                         Approximately 1,440 feet                +485
                                          upstream of Cross Creek
                                          Circle.
West Mud Creek Tributary M-2...........  Approximately 425 feet                  +463  City of Tyler.
                                          upstream of the West Mud
                                          Creek confluence.
                                         Approximately 1,510 feet                +469
                                          upstream of Barbee Drive.
West Mud Creek Tributary M-A...........  Approximately 200 feet                  +444  City of Tyler.
                                          upstream of the West Mud
                                          Creek confluence.
                                         Approximately 80 feet                   +509
                                          upstream of Woodland
                                          Hills Drive.
West Mud Creek Tributary M-A.1.........  At the West Mud Creek                   +471  City of Tyler.
                                          Tributary M-A confluence.
                                         Approximately 680 feet                  +485
                                          upstream of Rice Road.

West Mud Creek Tributary M-A.2.........  At the West Mud Creek                   +487  City of Tyler.
                                          Tributary M-A confluence.
                                         Approximately 830 feet                  +493
                                          upstream of the West Mud
                                          Creek Tributary M-A
                                          confluence.
West Mud Creek Tributary M-C...........  Approximately 450 feet                  +477  City of Tyler.
                                          upstream of the West Mud
                                          Creek confluence.
                                         Approximately 50 feet                   +530
                                          upstream of Old
                                          Jacksonville Highway.
West Mud Creek Tributary M-C.1.........  Approximately 160 feet                  +488  City of Tyler.
                                          upstream of the West Mud
                                          Creek Tributary M-C
                                          confluence.
                                         Approximately 1,010 feet                +491
                                          upstream of New Copeland
                                          Road.
West Mud Creek Tributary M-C.2.........  At the West Mud Creek                   +502  City of Tyler.
                                          Tributary M-C confluence.
                                         Approximately 1,000 feet                +511
                                          upstream of Old Bullard
                                          Road.
Wiggins Creek..........................  At the downstream side of               +327  Unincorporated Areas of
                                          the railroad.                                 Smith County.
                                         Approximately 0.83 mile                 +373
                                          upstream of Harris Creek
                                          Church Road.
Willow Creek...........................  At the Black Fork Creek                 +423  City of Tyler,
                                          confluence.                                   Unincorporated Areas of
                                                                                Smith County.
                                         Approximately 1.48 miles                +480
                                          upstream of Loop 323
                                          North-Northwest.
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* 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 Tyler
Maps are available for inspection at the Development Services Office, 423 West Ferguson Street, Tyler, TX 75702.

                                      Unincorporated Areas of Smith County
Maps are available for inspection at the Smith County Courthouse, 100 North Broadway Avenue, Tyler, TX 75702.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: December 18, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-01377 Filed 1-23-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Notices]
[Page 43970-43971]
[DOCID:fr29jy08-93]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58212; File No. SR-NYSEArca-2008-56]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving
Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Amend
the Pilot Program Expiring on November 30, 2008 for Listing Standards
To Provide That Currently Traded Issuers Will Be Required To Meet Each
of the $5 Per Share Closing Price Requirement and the $150 Million
Market Value of Listed Securities Requirement on the Basis of a 90
Trading Day Average of the Closing Price of the Issuer's Common Stock
Prior To Applying for Initial Listing

July 23, 2008.

I. Introduction

    On May 28, 2008, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend its pilot program for listing standards expiring on November 30,
2008 (``Pilot'') \3\ for initial listing standards applicable to
currently traded issuers. The proposed rule change, as modified by
Amendment No. 1, was published in the Federal Register on June 20,
2008.\4\ The Commission received no comments on the proposal. This
order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The Commission initially approved the Pilot for six months,
until May 29, 2007. See Securities Exchange Act Release No. 54796
(November 20, 2006), 71 FR 69166 (November 29, 2006) (SR-NYSEArca-
2006-85). The Pilot was subsequently extended for an additional six
months, until November 30, 2007. See Securities Exchange Act Release
No. 55838 (May 31, 2007), 72 FR 31642 (June 7, 2007) (SR-NYSEArca-
2007-51). The Pilot was then extended for an additional six months,
until May 31, 2008. See Securities Exchange Act Release No. 56885
(December 3, 2007), 72 FR 69272 (December 7, 2007) (SR-NYSEArca-
2007-123). The Pilot was most recently extended for an additional
six months, until November 30, 2008. See Securities Exchange Act
Release No. 57922 (June 4, 2008), 73 FR 33137 (June 11, 2008) (SR-
NYSEArca-2008-55).
    \4\ See Securities Exchange Act Release No. 57958 (June 12,
2008), 73 FR 35184.
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II. Description of the Proposal

    The Exchange proposes to amend NYSE Arca Equities Rule 5.2(c) to
provide that a currently traded issuer will be required to, among other
things, have: (1) Met each of the $5 closing

price requirement \5\ and the $150 million market value of listed
securities requirement \6\ on the basis of a 90 trading day average of
the closing price of the issuer's common stock prior to applying for
listing on the Exchange; (2) at least $5 closing price and $150 market
value at the time it applies for listing; \7\ and (3) a closing price
of at least $1 per share in each day of the 90 trading day period.\8\
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    \5\ See proposed NYSE Arca Equities Rule 5.2(c)(ii).
    \6\ See proposed NYSE Arca Equities Rule 5.2(c)(vi).
    \7\ See proposed NYSE Arca Equities Rules 5.2(c)(ii) and
5.2(c)(vi).
    \8\ See proposed NYSE Arca Equities Rule 5.2(c)(iii).
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III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange and, in
particular, the requirements of section 6(b) of the Act and the rules
and regulations thereunder. Specifically, the Commission finds that the
proposal is consistent with section 6(b)(5) of the Act,\9\ which
requires that an exchange have rules designed, among other things, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, to protect investors and the public interest, and to not
permit unfair discrimination between customers, issuers, brokers, or
dealers.\10\
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    \9\ 15 U.S.C. 78f(b)(5).
    \10\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rules' impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    The development and enforcement of adequate standards governing the
initial listing of securities on an exchange is an activity of critical
importance to financial markets and the investing public. Listing
standards, among other things, serve as a means for an exchange to
screen issuers and to provide listed status only to bona fide companies
that have sufficient public float, investor base, and trading interest
to provide the depth and liquidity necessary to promote fair and
orderly markets. Adequate standards are especially important given the
expectations of investors regarding exchange trading and the imprimatur
of listing on a particular market.
    Under the proposal, issuers with currently listed securities on
other markets would have to meet the proposed standards to list their
common stock on the Exchange. First, instead of meeting the closing
price per share of $5 or more for 90 consecutive trading days prior to
applying for listing, the closing price per share must be met over a 90
trading day average prior to applying for listing. In addition, instead
of meeting the market value of listed securities of $150 million or
more for 90 consecutive trading days prior to applying for listing, the
market value of listed securities must be met over a 90 trading day
average prior to applying for listing. Second, the common stock must
have at least $5 closing price and the $150 million market value at the
time the issuer applies for listing. Finally, the issuers must have
closing price per share of $1 or more for 90 consecutive trading days
prior to applying for listing.
    Originally, the Commission approved the Pilot's initial listing
standards, with three alternative listing standards, based on
similarity to the Nasdaq Global Market initial listing standards.\11\
The Exchange subsequently amended the Pilot's initial listing standards
to eliminate two alternative listing standards and, among other things,
increase the market value of listed securities from $75 million to $150
million.\12\ The Nasdaq Global Market--Entry Standard 3, which forms
the foundation of the Exchange's Pilot initial listing standards,
requires, among other things, a currently traded issuer to have a
market value of listed securities of $75 million for 90 consecutive
trading days and a bid price per share of $5 or more.\13\ The
Commission notes that the proposed initial listing standards are
substantially similar to the Nasdaq Global Market initial listing
standards.\14\The Exchange's proposed market value of listed securities
requirement, albeit calculated differently, remains higher than
Nasdaq's comparable standard.\15\
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    \11\ See Securities Exchange Act Release No. 54796 (November 20,
2006), 71 FR 69166 (November 29, 2006) (SR-NYSEArca-2006-85). See
also Nasdaq Rule 4420(a)-(c).
    \12\ See Securities Exchange Act Release No. 56606 (October 3,
2007), 72 FR 57982 (October 11, 2007) (SR-NYSEArca-2007-69).
    \13\ See Nasdaq Rule 4420(c).
    \14\ See Nasdaq Rule 4420(c).
    \15\ In addition, the Commission notes that the Exchange
requires a higher amount of public float ($45 million) versus the
comparable Nasdaq standard ($20 million). See NYSE Arca Equities
Rule 5.2(c)(iv) and Nasdaq Rule 4420(c)(2).
---------------------------------------------------------------------------

    The Commission notes that under the proposal, while the closing
price could fall below $5 per share during the 90 trading day period
before applying for listing, it cannot fall below $1 per share. In
addition, the closing price must be at least $5 per share at the time
the issuer applies to list on the Exchange. The Commission believes
that the combination of the $1 per share floor and $5 per share at the
time of applying to list should help to ensure that currently traded
issuers have some meaningful minimum price history to qualify for
listing. In addition, the Commission notes that under the proposal,
while the market value could fall below $150 million during the 90
trading day period before applying for listing, it must be at least
$150 million at the time the issuer applies to list. The Commission
believes that the proposed market value requirements are sufficient to
demonstrate meaningful depth and liquidity for these securities.
    Based on the above, the Commission believes the proposed rule
change is reasonable and should continue to provide only for the
listing of securities with sufficient depth and liquidity to maintain
fair and orderly markets. Accordingly, the Commission believes that the
changes are consistent with the requirements of the Act.

IV. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\16\ that the proposed rule change, as modified by Amendment No. 1
(SR-NYSEArca-2008-56) is hereby approved.
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    \16\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-17308 Filed 7-28-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39599-39601]
[FR Doc No: 2013-15817]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0443]
RIN 1625-AA00

Safety Zone; Fort Monroe Fireworks Display, Chesapeake Bay,
Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Chesapeake Bay in Hampton, VA to support the
Fort Monroe Fireworks. This action is intended to restrict vessel
traffic movement in the specified area in order to protect the life and
property of the maritime public and spectators from the hazards
associated with fireworks displays.

DATES: This safety zone will be effective from 9 p.m. to 10 p.m. on
July 4, 2013.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0443 and are available online
by going to http://www.regulations.gov, inserting USCG-2013-0443 in the
``SEARCH'' 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 email LCDR Hector Cintron, Waterways Management
Division Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-
5581, email<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Regulatory History and 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 it is impracticable. The Coast Guard
did not receive information from the sponsor about this event with
enough time to undertake an NPRM. Any delay encountered in this
regulation's effective date by publishing a NPRM would be impracticable
since immediate action is needed to ensure the safety of the event
participants, patrol vessels, spectator craft and other vessels
transiting the event area. The Coast Guard will provide advance
notifications to users of the effected waterways of the safety zone via
marine information broadcasts, local notice to

mariners, commercial radio stations, and area newspapers.
    Under 5 U.S.C. 553(d)(3), for the same reasons as discussed
earlier, the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register. Waiting a full 30 days after publication in the Federal
Register is impracticable and contrary to the public interest.

B. Background and Purpose

    On July 4, 2013, the Fort Monroe Authority will host a fireworks
display in the Chesapeake Bay off of Fort Monroe in Hampton, VA. The
fireworks debris fallout area will extend over the navigable waters of
Chesapeake Bay. Due to the need to protect mariners and spectators from
the hazards associated with the fireworks displays, such as the
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris, vessel traffic will be temporarily
restricted within the fireworks fall out area.
    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.

C. Discussion of the Rule

    The Coast Guard is establishing a safety zone on specified waters
of the Chesapeake Bay near Fort Monroe, Hampton, VA. This safety zone
will encompass all navigable waters within a 420 foot radius of the
fireworks launching platform located at position 37[deg]00'5'' N,
076[deg]18'17'' W.
    This safety zone will be established and enforced from 9 p.m. until
10 p.m. on July 4, 2013. Access to the safety zone will be restricted
during the specified date and times. Except for individuals responsible
for launching the fireworks and vessels authorized by the Captain of
the Port or his Representative, no person or vessel may enter or remain
in the regulated area.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, 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. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; (iii) mariners may transit the waters
in and around this safety zone at the discretion of the Captain of the
Port or designated representative; and (iv), the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.

2. Impact on 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.
    The rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in that portion of the Chesapeake Bay from 9 p.m.
until 10 p.m. on July 4th, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone will only be in place for a limited duration. (ii) Before
the enforcement period of July 4th, 2013 maritime advisories will be
issued allowing mariners to adjust their plans accordingly.

3. 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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination will be 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, Securitymeasures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T05-0443 to read as follows:

Sec.  165.T05-0443  Safety Zone, Chesapeake Bay, Hampton, VA.

    (a) Location. The following area is a safety zone: Specified waters
of the Captain of the Port Sector Hampton Roads zone, as defined in 33
CFR 3.25-10, all waters of the Chesapeake Bay near Fort Monroe in
Hampton, VA within 420 foot radius of position 37[deg]00'5'' N
076[deg]18'17'' W.
    (b) Definition. For the purposes of this part, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone Number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement Period. This section will be enforced on Thursday
July, 4th 2013, from 9 p.m. to 10 p.m.

    Dated: June 5, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-15817 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Proposed Rules]
[Pages 58230-58232]
[FR Doc No: 2021-22546]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0818; Airspace Docket No. 19-AAL-35]
RIN 2120-AA66

Proposed Establishment of United States Area Navigation (RNAV)
Route T-366; Point Hope, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish United States Area
Navigation (RNAV) route T-366 in the vicinity of Point Hope, AK in
support of a large and comprehensive T-route modernization project for
the state of Alaska.

DATES: Comments must be received on or before December 6, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0818; Airspace Docket No. 19-AAL-35 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC, 20591; telephone: (202) 267-
8783. FAA Order JO 7400.11F is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the 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 would expand the availability of RNAV in Alaska and
improve the efficient flow of air traffic within the National Airspace
System (NAS) by lessening the dependency on ground based navigation.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2021-0818; Airspace Docket No. 19-AAL-35) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2021-0818; Airspace Docket No. 19-AAL-35.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Western Service Center, Operations
Support Group, Federal Aviation Administration, 2200 South 216th St.,
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    In 2003, Congress enacted the Vision 100--Century of Aviation
Reauthorization Act (Pub L., 108-176), which established a joint
planning and development office in the FAA to manage the work related
to the Next Generation Air Transportation System (NextGen). Today,
NextGen is an ongoing FAA-led modernization of the nation's air
transportation system to make flying safer, more efficient, and more
predictable.
    In support of NextGen, this proposal is part of a larger and
comprehensive T-route modernization project in the state of Alaska. The
project mission statement states: ``To modernize Alaska's Air Traffic
Service route structure using satellite based navigation Development of
new T-routes and optimization of existing T-routes will enhance safety,
increase efficiency and access, and will provide en route continuity
that is not subject to the restrictions associated with ground based
airway navigation.'' As part of this project, the FAA evaluated the
existing Colored Airway structure for: (a) Direct replacement (i.e.,
overlay) with a T-route that offers a similar or lower Minimum En route
Altitude (MEA) or Global Navigation Satellite System Minimum En route
Altitude (GNSS MEA); (b) the replacement of the colored airway with a
T-route in an optimized but similar geographic area, while retaining
similar or lower MEA; or (c) removal with no route structure (T-route)
restored in that area because the value was determined to be
insignificant.
    The aviation industry/users have indicated a desire for the FAA to
transition the Alaskan en route navigation structure away from
dependency on Non-Directional Beacons (NDB), and move to develop and
improve the RNAV route structure. The FAA proposes to establish RNAV
route T-366 to provide an alternate routing for Colored airways B-2, B-
5, and G-16. These routes utilize Wainwright Village, AK, (UKK) and
Nuiqsut Village, AK, (UQS) NDBs, which are planned for decommissioning.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to establish
RNAV route T-366 in the vicinity of Point Hope, AK in support of a
large and comprehensive T-route modernization project for the state of
Alaska. The proposed route is described below.
    T-366: The FAA proposes to establish T-366 navigating from Point
Hope, AK, to Cape Lisburne, AK, (LUR), mirroring Colored airway B-5,
from LUR to Point Lay, AK, (PIZ), mirroring Colored airway B-2, and
from PIZ to UQS, mirroring Colored airway G-16.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11F dated August 10, 2021, and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document would be published subsequently
in FAA Order JO 7400.11F.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant

regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (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
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-366 VANTY, AK to JATIL, AK [New]
VANTY, AK                   WP                   (lat. 68[deg]20'40.68'' N, long. 166[deg]47'53.61'' W)
CABGI, AK                   WP                   (lat. 68[deg]52'16.53'' N, long. 166[deg]04'33.62'' W)
SUPGY, AK                   WP                   (lat. 69[deg]01'57.87'' N, long. 164[deg]13'31.71'' W)
JODGU, AK                   WP                   (lat. 69[deg]44'11.33'' N, long. 162[deg]59'46.66'' W)
FILEV, AK                   WP                   (lat. 70[deg]38'16.81'' N, long. 159[deg]59'41.10'' W)
BARROW, AK (BRW)            VOR/DME              (lat. 71[deg]16'24.33'' N, long. 156[deg]47'17.22'' W)
JATIL, AK                   WP                   (lat. 70[deg]12'43.84'' N, long. 151[deg]00'02.99'' W)

* * * * *

    Issued in Washington, DC, on October 12, 2021.
Michael R. Beckles,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-22546 Filed 10-20-21; 8:45 am]
BILLING CODE 4910-13-P