[Federal Register: September 10, 2010 (Volume 75, Number 175)]
[Notices]
[Page 55339-55340]
[DOCID:fr10se10-65]

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

DEPARTMENT OF HOMELAND SECURITY

[Docket ID FEMA-2010-0033]

Federal Emergency Management Agency

Agency Information Collection Activities: Submission for OMB
Review; Comment Request, OMB No. 1660-0030; Request for the Site
Inspection and Landowners Authorization/Ingress-Egress Agreement

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 30-day notice and request for comments; revision of a
currently approved information collection; OMB No. 1660-0030; FEMA Form
010-0-09 (formerly 90-1), Request for the Site Inspection; FEMA Form
010-0-10 (formerly 90-31), Landowner's Authorization/Ingress-Egress
Agreement.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before October 12, 2010.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or e-mail address FEMA-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: Request for the Site Inspection, Landowners Authorization/
Ingress-Egress Agreement.
    Type of information collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0030.
    Form Titles and Numbers: FEMA Form 010-0-09 (formerly 90-1),
Request for the Site Inspection; FEMA Form 010-0-10 (formerly 90-31),
Landowner's Authorization/Ingress-Egress Agreement.
    Abstract: FEMA's temporary housing assistance provides temporary
housing to eligible applicants and survivors of federally declared
disasters. This information is required to determine that the
infrastructure of the site supports the installation of the unit. This
collection also obtains permission for the unit to be placed on the
property, and the property owner certifies that they will not have a
lien placed against the unit for their own debts and will maintain the
property so that FEMA can remove the unit when required.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 5,000.
    Frequency of Response: On Occasion.
    Estimated Average Hour Burden per Respondent: .34 Hour.
    Estimated Total Annual Burden Hours: 1,700 Hours.
    Estimated Cost: There are no annual capital, start-up, maintenance
or operation costs associated with this collection.

    Dated: September 3, 2010.
 Lesia Banks,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2010-22582 Filed 9-9-10; 8:45 am]
BILLING CODE 9110-10-P


[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Proposed Rules]
[Pages 19004-19005]
[FR Doc No: 2011-8172]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2010-0307; FRL-9290-9]

Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The State of Oklahoma has applied to EPA for Final
authorization of the changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA proposes to grant
Final

authorization to the State of Oklahoma. In the ``Rules and
Regulations'' section of this Federal Register, EPA is authorizing the
changes by an immediate final rule. EPA did not make a proposal prior
to the immediate final rule because we believe this action is not
controversial and do not expect comments that oppose it. We have
explained the reasons for this authorization in the preamble to the
immediate final rule. Unless we get written comments which oppose this
authorization during the comment period, the immediate final rule will
become effective on the date it establishes, and we will not take
further action on this proposal. If we receive comments that oppose
this action, we will withdraw the immediate final rule and it will not
take effect. We will then respond to public comments in a later final
rule based on this proposal. You may not have another opportunity for
comment. If you want to comment on this action, you must do so at this
time.

DATES: Send your written comments by May 6, 2011.

ADDRESSES: Send written comments to Alima Patterson, Region 6, Regional
Authorization Coordinator, (6PD-O), Multimedia Planning and Permitting
Division, at the address shown below. You can examine copies of the
materials submitted by the State of Oklahoma during normal business
hours at the following locations: EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, phone number<PHONE_NUMBER>; or Oklahoma
Department of Environmental Quality, 707 North Robinson, Oklahoma City,
Oklahoma 73101-1677,<PHONE_NUMBER>. Comments may also be submitted
electronically or through hand delivery/courier; please follow the
detailed instructions in the ADDRESSES section of the immediate final
rule which is located in the Rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Alima Patterson<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    For additional information, please see the immediate final rule
published in the ``Rules and Regulations'' section of this Federal
Register.

    Dated: March 19, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-8172 Filed 4-5-11; 8:45 am]
BILLING CODE 6560-05-P


[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Page 19337]
[FR Doc No: 2013-07447]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Wednesday, March
27, 2013 at 10:00 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), and (10) and 17 CFR 200.402(a)(3),
(5), (7), and (10), permit consideration of the scheduled matter at the
Closed Meeting.
    Commissioner Paredes, as duty officer, voted to consider the item
listed for the Closed Meeting in a closed session, and determined that
no earlier notice thereof was possible.
    The subject matter of the Closed Meeting will be:

A matter relating to an enforcement proceeding.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting item.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: March 26, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-07447 Filed 3-27-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: April 17, 2006 (Volume 71, Number 73)]
[Notices]
[Page 19781]
[DOCID:fr17ap06-114]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53610; File No. SR-PCX-2006-12]

Self-Regulatory Organizations; Pacific Exchange, Inc. (n/k/a NYSE
Arca, Inc.); Order Granting Approval of Proposed Rule Change Relating
to Clearly Erroneous Executions

April 6, 2006.
    On February 23, 2006, the Pacific Exchange, Inc. (n/k/a NYSE Arca,
Inc.) (``Exchange'') \1\ filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change pursuant to section
19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\2\ and Rule
19b-4 thereunder,\3\ to amend PCX Equities, Inc. (n/k/a NYSE Arca
Equities, Inc.) (``NYSE Arca Equities'') Rule 7.10(e) pertaining to
clearly erroneous executions of securities issued in initial public
offerings (``IPOs''). The proposed rule change was published for
comment in the Federal Register on March 3, 2006.\4\ The Commission
received no comments on the proposal. This order approves the proposed
rule change.
---------------------------------------------------------------------------

    \1\ On March 6, 2006, the Exchange filed with the Commission a
proposed rule change, which was effective upon filing, to change the
name of the Exchange, as well as several other related entities, to
reflect the recent acquisition of PCX by Archipelago Holdings, Inc.
(``Archipelago'') and the merger of NYSE with Archipelago. See File
No. SR-PCX-2006-24. All references herein have been changed to
reflect the aforementioned rule change.
    \2\ 15 U.S.C. 78s(b)(1).
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 53376 (February 27,
2006), 71 FR 11008 (``Notice'').
---------------------------------------------------------------------------

    The proposed rule change would revise the procedures in NYSE Arca
Equities Rule 7.10(e) relating to trade nullifications (``busts'') and
price adjustments (``adjusts'') of the initial trade of securities
issued in IPOs that are traded on the Archipelago Exchange (n/k/a NYSE
Arca Marketplace) on an unlisted trading privileges basis. Currently,
initial trades on NYSE Arca Marketplace of these securities that are
executed at prices of $1.00 or 10% (whichever is lesser) away from the
primary listing exchange's opening price are automatically busted or
adjusted to the opening price of the security on the primary listing
exchange. Under the proposed rule change, NYSE Arca Equities staff
would have the discretion to bust or adjust initial trades in IPO
securities that are executed at $1.00 or 10% (whichever is lesser) away
from the opening price on the primary listing exchange. The Exchange
states that this discretion is necessary because the primary listing
exchange often has multiple prices for an IPO security during the first
moments that the IPO security begins to trade.
    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.\5\ In
particular, the Commission believes that the proposal is consistent
with section 6(b)(5) of the Act,\6\ which requires that the rules of an
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \5\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the proposed rule change, by granting
NYSE Arca Equities staff the discretion to bust or adjust initial
trades for IPO securities that are executed at $1.00 or 10% (whichever
is lesser) away from the primary listed exchange's opening price, and
thus no longer require NYSE Arca Equities staff to automatically bust
or adjust such trades, is designed to help ensure that the Exchange's
clearly erroneous execution rule is exercised in a fair and reasonable
manner. As the Exchange noted, the primary listing exchange's opening
price for an IPO security may not necessarily be indicative of the
actual trading price of the security, and, thus the Commission believes
that it is fair and reasonable for NYSE Arca Equities staff to have the
discretion to review all prices at the time the IPO security first
trades on the primary listing exchange to determine whether it is
appropriate to adjust or bust the trade at issue.
    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-PCX-2006-12) is approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-5609 Filed 4-14-06; 8:45 am]

BILLING CODE 8010-01-P


 1 John Huber < jhuber@ nora oilheat. org> 11/ 24/ 2003 09: 20 AM To: "' Leister, Mike'" < MELeister@ MAPLLC. com>, Jeff Herzog/ AA/ USEPA/ US@ EPA, Andrea. Grant@ piperrudnick. com, ddoane@ ilta. org, dgilligan@ pmaa. org, LidiakP@ api. org, Charlie_ Drevna@ npradc. org, BBrown@ ColPipe. com, MJoy@ AOPL. com, GScott@ colliershannon. com cc: JScandola@ buckeye. com Subject: RE: Suggested revision to proposed heating oil marker requirement Jeff/ Mike My suggestion on removing PADD 1 from the credit trading program is not without problems. My suggestion was premised on the fact that a marker would be used in the credit fuel.

In suggesting PADD 1 be eliminated, my thoughts were to remove real costs that would definitely accrue in an area due to both the costs of the marker and the physical changes that would occur. These costs are significant in the northeast due to the concentration of heating oil. These costs will be imposed on the program in an effort to ensure that credits could be traded in this region. However, we do not know the extent of the trading, and how eliminating the northeast would affect the value of the credits.

My view was merely to try to eliminate real costs that are being offset by theoretical gains or a trading program that may not be widespread.

John  Original Message From: Leister, Mike [ mailto: MELeister@ MAPLLC. com] Sent: Wednesday, November 12, 2003 4: 27 PM To: Herzog. Jeff@ epamail. epa. gov; Andrea. Grant@ piperrudnick. com; ddoane@ ilta. org; dgilligan@ pmaa. org; LidiakP@ api. org; Charlie_ Drevna@ npradc. org; BBrown@ ColPipe. com; MJoy@ AOPL. com; GScott@ colliershannon. com Cc: jhuber@ nora oilheat. org; JScandola@ buckeye. com Subject: RE: Suggested revision to proposed heating oil marker requirement Jeff, I believe that dropping the marker requirement in only a single PADD is problematic and the main problem is the areas adjacent to other PADD's, which is the conclusion that you seem to have reached. While there may be solutions that minimize these problems, simply moving the lines doesn't really solve the problem. It looks like you have tried to select an area which does not have small refineries but that doesn't mean that small refinery products don't flow into these areas. Also putting geographic limitations on the generation of credits, can have a significant impact on the utility of the credit trading program. 2 Finally, going to sub PADD areas or parts of sub PADD areas would seem to add quite a bit of confusion to a rule that is already very complex. At a minimum, you need to look at every terminal that supplies the border region and draw the lines so that terminals and a majority of the areas they supply are both on the same side of the line. An alternative that I would ask you to consider, would be the more detailed tracking of small refiner and credit high sulfur diesel. Since these volumes are likely to be much smaller than heating oil and they are likely to be moved on an exception basis, it may not be unreasonable for the small refiner or credit documentation to follow this material to the user tank level. If EPA finds that sulfur above 500 ppm is present in diesel fuel used by construction, agriculture, marine or locomotives, they simply need to verify that the tank supplying this fuel only received properly documented small refiner or credit high sulfur NRLM or < 500 ppm NRLM. Receiving heating oil into these tanks would be a violation. This situation would only exist for three years and the same procedures could be used to continue to track locomotive and Marine diesel after 6/ 1/ 2010. An independent audit could be conducted to verify that no heating oil is delivered into these tanks.

Mike  Original Message From: Herzog. Jeff@ epamail. epa. gov [ mailto: Herzog. Jeff@ epamail. epa. gov] Sent: Wednesday, November 12, 2003 3: 32 PM To: Andrea. Grant@ piperrudnick. com; ddoane@ ilta. org; dgilligan@ pmaa. org; LidiakP@ api. org; Leister, Mike; Charlie_ Drevna@ npradc. org; BBrown@ ColPipe. com; MJoy@ AOPL. com; GScott@ colliershannon. com Cc: jhuber@ nora oilheat. org; JScandola@ buckeye. com Subject: Suggested revision to proposed heating oil marker requirement Gentlefolk, I have been exploring the idea raised by industry of excluding parts of PADD 1 from the proposed heating oil marker requirements ( for 2007 2010) a bit further.

Under such an approach:  Terminals in the exclusion area would not be required to add the marker to heating oil.  Terminals outside of the area would be required to add the marker to heating oil.  No high sulfur (> 500 ppm) small refiner or credit NRLM could be used in the exclusion area. All high sulfur fuel (> 500 ppm) would be for use as heating oil only.

John Huber of NORA also suggested such an approach in written comments that he filed to the NR rule docket this week. I think that we might also have to put in place some restrictions on bulk shipments ( by pipeline and barge) of unmarked heating oil out of the exclusion area. Its currently unclear to me whether we would also need to put in place restrictions on the shipment by truck of unmarked heating oil out of the exclusion area.

If we were to take such an approach, my initial evaluation 3 suggests that the following area might be the best fit wrt to reducing the potential costs of the proposed heating oil marker requirement while maintaining the potential benefits of the proposed small refiner and credit provisions: >>>> No marker would required in heating oil ( and no high sulfur small refiner and credit NRLM fuel) in PADDs 1A and 1B except the area in PADDs 1A and 1B which also belongs to " Appalachian No. 1" ( i. e. Western NY, and PA, and West Virginia).

Any thoughts?

I also asked Jim Scandola ( of Buckeye pipeline) and John Huber for their input. Feel free to respond by e mail or to give me a call. I plan to docket any exchange of e mails on the subject. Please don't read too much into this. We just want to flesh the idea out so we can evaluate it fully.

Best Regards Jeffrey A. Herzog, Mechanical Engineer United States Environmental Protection Agency National Vehicle and Fuel Emissions Laboratory Assessment and Standards Division 2000 Traverwood Drive Ann Arbor, Michigan, 48105 Phone: ( 734) 214 4227 Fax: ( 734) 214 4816 E Mail: herzog. jeff@ epa. gov


[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Proposed Rules]
[Pages 3893-3894]
[FR Doc No: 2021-00106]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-1164; Airspace Docket No. 20-ANE-8]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Newburyport, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface for Anna Jaques Hospital
Heliport, Newburyport, MA, to accommodate new area navigation (RNAV)
global positioning system (GPS) standard instrument approach procedures
(SIAPs) serving this heliport. Controlled airspace is necessary for the
safety and management of instrument flight rules (IFR) operations in
the area.

DATES: Comments must be received on or before March 1, 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 20590-0001;
Telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify the
Docket No. FAA-2020-1164; Airspace Docket No. 20-ANE-8, at the
beginning of your comments. You may also submit comments through the
internet at https://www.regulations.gov.
    FAA Order 7400.11E Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on-line at https://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 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, 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 would establish Class E airspace in Newburyport, MA, to support
IFR operations in the area.

Comments Invited

    Interested persons are invited to comment on 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 (Docket No. FAA-
2020-1164 and Airspace Docket No. 20-ANE-8) and be submitted in
triplicate to DOT Docket Operations (see ``ADDRESSES'' section for the
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Persons 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-2020-1164; Airspace Docket No. 20-ANE-8.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
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 NPRMs

    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 the 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 between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA proposes an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace extending
upward from 700 feet above the surface at Anna Jaques Hospital
Heliport, Newburyport, MA, providing the controlled airspace required
to support the new RNAV (GPS) standard instrument approach procedures
for IFR operations at Anna Jaques Hospital Heliport.
    Class E airspace designations are published in Paragraph 6005, of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 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 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.

Lists 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 Federal Aviation
Administration Order 7400.11E, Airspace Designations and Reporting
Points, dated July 21, 2020, and effective September 15, 2020, is
amended as follows:

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

* * * * *

ANE MA E5 Newburyport, MA [New]

Anna Jaques Hospital Heliport, MA
    (Lat. 42[deg]48'49.82'' N, long. 70[deg]53'29.56'' W)

That airspace extending upward from 700 feet above the surface of
the earth within a 6-mile radius of Anna Jaques Hospital Heliport.

    Issued in College Park, Georgia, on January 4, 2021.
Matthew N. Cathcart,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-00106 Filed 1-14-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Rules and Regulations]
[Page 34636-34639]
[DOCID:fr18jn10-8]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0378]
RIN 1625-AA00

Safety Zone; Jameson Beach 4th of July Fireworks Display

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Lake Tahoe, for the Jameson Beach 4th of July
Fireworks Display. This safety zone is established to ensure the safety
of participants and spectators from the dangers associated with the
pyrotechnics. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zone
without permission of the Captain of the Port or his designated
representative.

DATES: This rule is effective from 8:45 a.m. through 10 p.m. on July 4,
2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0378 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2010-0378
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Liezl Nicholas, U.S. Coast Guard
Sector San Francisco, at<PHONE_NUMBER> or at D11-PF-
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

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

without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because the event would occur before the rulemaking process would
be completed. Because of the dangers posed by the pyrotechnics used in
this fireworks display, the safety zone is necessary to provide for the
safety of event participants, spectator craft, and other vessels
transiting the event area. For the safety concerns noted, it is in the
public interest to have these regulations in effect during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the
pyrotechnics used in the fireworks display.

Background and Purpose

    Pyro Spectaculars, Inc., will sponsor a fireworks display on 04
July 2010, in the waters of Lake Tahoe. The fireworks display is meant
for entertainment purposes. This safety zone is issued to establish a
temporary restricted area in Lake Tahoe, in the vicinity of Jameson
Beach at South Lake Tahoe, CA around the fireworks launch barge during
loading of the pyrotechnics and during the fireworks display. This
restricted area around the launch barge is necessary to protect
spectators, vessels, and other property from the hazards associated
with the pyrotechnics on the fireworks barges. The Coast Guard has
granted the event sponsor a marine event permit for the fireworks
display.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone in the
navigable waters of Lake Tahoe. During the loading of the fireworks
barge and until the start of the fireworks display, the temporary
safety zone applies to the navigable waters around and under the
fireworks barge within a radius of 100 feet. Loading of the
pyrotechnics onto the fireworks barge is scheduled to commence at 9
a.m. on 04 July 2010, and will take place at Jameson Beach in South
Lake Tahoe, CA. Towing of the barge from the Pier to the display
location is scheduled to take place at 9 a.m. on July 3, 2010. From
9:30 p.m. until 10 p.m. on 04 July 2010, the area to which the
temporary safety zone applies will increase in size to encompass the
navigable waters around and under the fireworks barge within a radius
of 1,000 feet. During the fireworks display, scheduled to commence at
approximately 9:45 p.m. on 04 July 2010, the fireworks barge will be
located approximately 1,000 feet off of the shoreline of Jameson Beach
in South Lake Tahoe, CA in position 38[deg]56'24.89'' N,
120[deg]02'07.37'' W. (NAD 83) The fireworks display is scheduled to
last approximately fifteen minutes.
    The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the fireworks barge while the fireworks
are loaded and until the conclusion of the scheduled display. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the restricted area. These
regulations are needed to keep spectators and vessels a safe distance
away from the fireworks barge to ensure the safety of participants,
spectators, and transiting vessels.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified via public Broadcast
Notice to Mariners to ensure the safety zone will result in minimum
impact. The entities most likely to be affected are pleasure craft
engaged in recreational activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule may affect owners and operators of pleasure craft engaged
in recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) Vessel traffic can pass safely around the
area, (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the effected portion of Lake Tahoe to
engage in these activities, (iii) this rule will encompass only a small
portion of the waterway for a limited period of time, and (iv) the
maritime public will be advised in advance of this safety zone via
Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 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, from further environmental documentation.
This rule involves establishing, disestablishing, or changing Regulated
Navigation Areas and security or safety zones.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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. 1226, 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 temporary Sec.  165.T11-316 to read as follows:

Sec.  165.T11-316  Safety Zone; Jameson Beach 4th of July Fireworks
Display.

    (a) Location. This temporary safety zone is established for the
waters of Lake Tahoe.
    (1) Loading of the pyrotechnics onto the fireworks barge will take
place at 9 a.m. at Jameson Beach pier in South Lake Tahoe, CA.
    (2) Towing of the barge from the pier to the display location is
scheduled to take place at 10 a.m. on 03 July 2010.
    (3) During the fireworks display, scheduled to commence at
approximately 9:45 p.m. on 04 July 2010, the fireworks barge will be
located approximately 1,000 feet off of Jameson Beach in South Lake
Tahoe, CA in position 38[deg]56'24.89'' N, 120[deg]02'07.37'' W (NAD
83).
    (4) During the loading of the fireworks barge and until the start
of the fireworks display, the temporary safety zone applies to the
navigable waters around and under the fireworks barge within a radius
of 100 feet. From 9:30 p.m. until 10 p.m. on 04 July 2010, the area to
which the temporary safety zone applies will increase in size to
encompass the navigable waters around and under the fireworks barge
within a radius of 1,000 feet.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port San Francisco (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or the COTP's designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative. Persons and
vessels may request permission to enter the safety zone on VHF-16 or
the 24-

hour Command Center via telephone at<PHONE_NUMBER>.
    (d) Effective period. This section is effective from 8:45 a.m.
through 10 p.m. on July 4, 2010.

    Dated: May 28, 2010.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2010-14718 Filed 6-17-10; 8:45 am]
BILLING CODE 9110-04-P