			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 18, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-16972

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

Joint Application of CONTINENTAL AIRLINES, INC., and AEROVIAS DE MEXICO,
S.A., DE C.V. (AEROMEXICO),  filed 1/26/04, and supplemented on 4/8/04,
for:

Exemption authority for Continental and its affiliate to engage in
scheduled foreign air transportation of persons, property, and mail
between points in the United States and points within Mexico beyond
Continental’s authorized Mexican gateway points for transborder
services for the purpose of blind-sector code-sharing services operated
between the Mexican gateway points and other points within Mexico on
flights operated by Aeromexico.  Continental also requests authority to
integrate this exemption authority with Continental’s other existing
exemption and certificate authority.  The joint applicants request that
this exemption authority be granted for a period of two years.

Exemption authority for Aeromexico and its affiliate to engage in
scheduled foreign air transportation of persons, property, and mail
between points in Mexico and points within the United States beyond
Aeromexico’s authorized U.S. gateway points for transborder services
for the purpose of blind-sector code-sharing services operated between
the U.S. gateway points and other points within the United States and
Canada on flights operated by Continental; and exemption authority to
engage in scheduled foreign air transportation of persons, property, and
mail in the following transborder markets:  Houston-Aguascalientes,
Houston-Leon/Guanajuato, Houston-Chihuahua, Houston-Cozumel,
Houston-Guadalajara, Houston-Manzanillo, Houston-Merida,
Houston-Morelia, Houston-Mazatlan, Houston-Puerto Vallarta, Houston-San
Jose del Cabo, Houston-San Luis Potosi, Houston-Saltillo,
Houston-Tampico, Houston-Torreon, Houston-Veracruz,
Houston-Villahermosa, Houston-Ixtapa/Zihuatanejo, New
York/Newark-Cozumel, and New York/Newark-San Jose del Cabo.  The joint
applicants request that this exemption authority be granted for a period
of one year.

Statements of authorization for Continental and its affiliate to display
Aeromexico’s “AM*” designator code on flights operated by
Continental (1) within the United States and between the United States
and Canada beyond Aeromexico’s authorized United States gateways for
the carriage of Aeromexico’s authorized Mexico-U.S./Canada traffic;
and (2) in the following transborder markets: Houston-Acapulco,
Houston-Aguascalientes, Houston-Leon/Guanajuato, Houston-Cancun,
Houston-Chihuahua, Houston-Cozumel, Houston-Guadalajara,
Houston-Manzanillo, Houston-Mexico City, Houston-Merida,
Houston-Monterrey, Houston-Morelia, Houston-Mazatlan, Houston-Puerto
Vallarta, Houston-San Jose del Cabo, Houston-San Luis Potosi,
Houston-Saltillo, Houston-2

Tampico, Houston-Torreon, Houston-Veracruz, Houston-Villahermosa,
Houston-Ixtapa/Zihuatanejo, New York/Newark-Acapulco, New
York/Newark-Cancun, New York/Newark-Cozumel, New York/Newark-Mexico
City, New York/Newark-Puerto Vallarta, New York/Newark-San Jose del
Cabo.  The joint applicants request that the statements of authorization
be granted for an indefinite period.

Statements of authorization for Aeromexico and its affiliate to display
Continental’s “CO*” designator code on flights operated by
Aeromexico (1) within Mexico beyond Continental’s authorized Mexican
gateways for the carriage of Continental’s authorized U.S.-Mexico
traffic; and (2) in the following transborder markets: Houston-Mexico
City and Houston-Monterrey.  The joint applicants also request special
authorization pursuant to Part 216 of the Department’s regulations for
Aeromexico and its affiliate to the extent necessary for
Aeromexico/Aerolitoral to commingle Mexico-Canada traffic not in foreign
air transportation on the same services that carry U.S.-Mexico traffic
that is in foreign air transportation.  The joint applicants request
that the Part 212 statements of authorization and Part 216 special
authorizations be granted for an indefinite period.

The code-share partners provide a listing of specific code-share routes
that they intend, initially, to serve under this arrangement (see
attachments).

Responsive Pleadings:

The City of Houston and the Greater Houston Partnership filed an answer
in support of the application.  No other responses were received.

Applicant reps: R. Bruce Keiner, Jr. (CO)<PHONE_NUMBER> and William C.
Evans (AM)<PHONE_NUMBER>

DOT Analyst:   Linda L. Lundell<PHONE_NUMBER>

D I S P O S I T I O N

1.  We grant exemption authority to Continental and ExpressJet, to the
extent necessary, to provide scheduled foreign air transportation of
persons, property, and mail between points in the United States and
points within Mexico beyond Continental/ExpressJet’s authorized
Mexican gateway points for transborder services, for the purpose of
blind-sector code-sharing services operated between the Mexican gateway
points and other points within Mexico on services operated by
Aeromexico, and authority to integrate this exemption authority with
Continental/ ExpressJet’s current certificate and exemption authority;

2.  We grant exemption authority to Aeromexico, to the extent necessary,
to provide scheduled foreign air transportation of persons, property,
and mail between points in Mexico and points in the United States beyond
Aeromexico’s authorized U.S. gateway points for transborder services,
for the purpose of blind-sector code-sharing services operated between
the U.S. gateway points and other points within the United States and
Canada on services operated by Continental/ExpressJet;

3.  We grant to Continental and ExpressJet statements of authorization
under Part 212 of the Department’s regulations to display the airline
designator code of Aeromexico, on all flights operated by
Continental/ExpressJet within the United States beyond Aeromexico’s
authorized United States gateways for the carriage of Aeromexico’s
authorized Mexico-U.S. traffic;

4.  We grant to Aeromexico, a statement of authorization under Part 212
of the Department’s regulations to display the airline designator code
of Continental/ExpressJet on all flights operated by Aeromexico within
Mexico beyond Continental/ExpressJet’s authorized Mexican gateways for
the carriage of Continental/ExpressJet’s authorized U.S.-Mexico
traffic;

5.  We grant to Aeromexico a statement of authorization under Part 212
of the Department’s regulations to display the airline code of
Continental/ExpressJet on all flights operated by Aeromexico in the
Houston-Mexico City and Houston-Monterrey transborder markets for the
carriage of Continental/ExpressJet’s authorized traffic;

6.  We grant exemption authority to Aeromexico, to the extent necessary,
to provide scheduled foreign air transportation of persons, property,
and mail between the following city-pair markets:
Houston-Aguascalientes, Houston-Leon/Guanajuato, Houston-Chihuahua,
Houston-Cozumel, Houston-Guadalajara, Houston-Manzanillo,
Houston-Merida, Houston-Morelia, Houston-Mazatlan, Houston-Puerto
Vallarta, Houston-San Jose del Cabo, 							3

Houston-San Luis Potosi, Houston-Saltillo, Houston-Tampico,
Houston-Torreon, Houston-Veracruz, Houston-Ixtapa/Zihuatanejo, New
York/Newark-Cozumel, and New York/Newark-San Jose del Cabo;

7.  We grant to Continental and ExpressJet statements of authorization
under Part 212 of the Department’s regulations to display the airline
code of Aeromexico on all flights operated by Continental/ExpressJet in
the following transborder markets for the carriage of Aeromexico’s
authorized traffic: Houston-Acapulco, Houston-Aguascalientes,
Houston-Cancun, Houston-Leon/Guanajuato, Houston-Chihuahua,
Houston-Cozumel, Houston-Guadalajara, Houston-Manzanillo,
Houston-Merida, Houston-Mexico City, Houston-Monterrey, Houston-Morelia,
Houston-Mazatlan, Houston-Puerto Vallarta, Houston-San Jose del Cabo,
Houston-San Luis Potosi, Houston-Saltillo, Houston-Tampico,
Houston-Torreon, Houston-Veracruz, Houston-Ixtapa/Zihuatanejo, New
York/Newark-Acapulco, New York/Newark-Cancun, New York/Newark-Cozumel,
New York/Newark-Mexico City, New York/Newark-Puerto Vallarta, and New
York/Newark-San Jose del Cabo;

8.  We grant to Continental and ExpressJet, to the extent necessary,
statements of authorization under Part 212 of the Department’s
regulations to display the airline code of Aeromexico on all flights
operated by Continental/ExpressJet between Aeromexico’s authorized
U.S. gateways and beyond to points in Canada (for the carriage of
Aeromexico’s authorized beyond-U.S. traffic on a blind-sector basis);

9.  We grant, to the extent necessary, special authorization to
Aeromexico, under Part 216 of the Department’s regulations, to provide
the blind-sector service proposed between Aeromexico’s authorized U.S.
gateways and beyond to points in Canada (for the carriage of
Aeromexico’s authorized Mexico-U.S. traffic in combination with
Mexico-third country traffic (no local traffic rights between the United
States and Canada));

10.  We defer on the request for exemption authority, along with Part
212 and Part 216 authority, for Aerolitoral (see remarks, below);

11.  We defer on the request for exemption authority to Aeromexico, to
the extent necessary, to provide scheduled foreign air transportation of
persons, property, and mail between Houston, Texas, and Villahermosa,
Mexico (see remarks, below);

12.  We defer on the request for Part 212 statement of authorization to
Continental and ExpressJet to display the airline code of Aeromexico on
all flights operated by Continental/ExpressJet between Houston, Texas,
and Villahermosa, Mexico (see remarks, below);

13.  The statements of authorization granted above are effective
immediately and shall remain in effect indefinitely, subject to the
conditions outlined below;

14.  The exemption authority granted above to Continental and ExpressJet
is effective immediately for a period of two years from the date of this
notice, subject to the conditions outlined below;

15.  The exemption authority and special authorization (Part 216)
granted above to Aeromexico is effective immediately for a period of one
year from the date of this notice, subject to the conditions outlined
below;

16.  We dismiss the request for longer-term authority under Part 216 for
Aeromexico (see remarks, below); and

17.  All of the exemption authority granted by this Notice is limited to
operations conducted on a code-share basis only.

Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

XX  The authority granted is consistent with the aviation agreement,
comity and reciprocity, and/or the overall aviation relationship between
the United States and the foreign countries involved.

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

	XX   Continental and ExpressJet’s certificates of public convenience
and necessity

	XX   Aeromexico’s foreign air carrier permits

	XX   Standard Exemption Conditions (attached)

4

Additional Conditions:

The route integration authority granted to Continental/ExpressJet is
subject to the following conditions:

The carriers are subject to the condition that any service provided
under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved.

Furthermore, (a) nothing in the award of the route integration authority
granted should be construed as conferring upon Continental/ExpressJet
rights (including fifth-freedom intermediate and/or beyond rights) to
serve markets where U.S. carrier entry is limited unless
Continental/ExpressJet notifies the Department of its intent to serve
such a market and unless and until the Department has completed any
necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights); (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in Continental/ExpressJet’s authority by virtue of the route
integration exemption granted here, but that are not then being used by
Continental/ExpressJet, the holding of such authority by route
integration will not be considered as providing any preference for
Continental/ExpressJet in a competitive carrier selection proceeding to
determine which carrier(s) should be entitled to use the authority at
issue.

The code-share operations authorized are subject to the following
conditions:

 The respective statements of authorizations will remain in effect only
as long as (i) the subject U.S. carriers and the subject Mexican-flag
carrier continue to hold the necessary underlying authority to operate
the code-share services at issue, and (ii) the code-share and/or
alliance agreement providing for the code-share operations remains in
effect;

  The subject U.S. carriers and/or the subject Mexican-flag carrier must
notify the Department (Office of International Aviation, Room 6412), by
letter, no later than 30 days before they begin any new beyond gateway
code-share service under the blanket beyond-gateway code-share services
authorized by this action.  Such notice shall identify the market(s) to
be served, which carrier will be operating the aircraft in the
code-share market added, and the date on which the service will begin.
Such notices must be filed in Docket OST-2004-16972;

 The subject U.S. carriers and/or the subject Mexican-flag carrier must
promptly notify the Department (Office of International Aviation) if the
code-share agreement is no longer effective or if the carriers decide to
cease operating all or a portion of the approved code-share services.
(Such notice should be filed in Docket OST-2004-16972);

  The code-sharing operations conducted under this authority must comply
with 14 CFR 257 and with any amendment to the Department’s regulations
concerning code-share arrangements that may be adopted.  Notwithstanding
any provisions in the contract between the carriers, our approval here
is expressly conditioned upon the requirements that the subject foreign
air transportation be sold in the name of the carrier holding out such
service in computer reservation systems and elsewhere; that the carrier
selling such transportation (i.e., the carrier shown on the ticket)
accept responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the passenger liability of the operating carrier be unaffected;
and the operating carrier shall not permit the code of its U.S.
code-sharing partner to be carried on any flight that enters, departs,
or transits the airspace of any area for whose airspace the Federal
Aviation Administration has issued a flight prohibition;

(e)  The authority granted here is specifically conditioned so that
neither the subject U.S. carriers nor the subject

       Mexican-flag carrier shall give any force or effect to any
contractual provisions between themselves that are

       contrary to these conditions.

5

Remarks:

	Authority for Aerolitoral

In the joint application filed, the carriers state that Continental will
perform an oversight review of Aerolitoral’s operations and submit a
copy of that certification to the Department.  While this review is
being completed, the applicants have orally advised the Department that
they wish to proceed with that portion of the application involving
services that have been reviewed (Continental/ExpressJet/Aeromexico).
Under these circumstances, we will defer action on that portion of the
application that involves proposed code-share services with Aerolitoral
until further notice.

	Term of Authority

The applicants also request, among other things, that Aeromexico be
granted special authorization under Part 216 for an indefinite period.
Consistent with our standard policy, we have granted the subject special
authorization for a one-year period, and have dismissed the request for
longer-term authority.

	Deferral on Houston-Villahermosa

We have deferred, until further notice, on the applicants’ request for
authority to provide code-share services in the Houston-Villahermosa
market pending receipt of the necessary security clearances.

________________________________________________________________________
_______

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

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, deferred, or dismissed, we denied all
requests in the referenced Docket.  We may amend, modify, or revoke the
authority granted in this Notice at any time without hearing at our
discretion.

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

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

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

			ATTACHMENT

Page 1 of 5

U.S.-MEXICO TRANSBORDER CODE-SHARE SERVICES

INITIALLY PROPOSED MARKETS WHERE THE “AM” CODE WILL BE PLACED ON
CONTINENTAL/EXPRESSJET FLIGHTS

(Both the U.S. and Mexican code-share partners already held the
requisite underlying authority needed to conduct the services proposed):

Houston-Acapulco

Houston-Cancun

Houston-Mexico City

Houston-Monterrey

		New York/Newark-Acapulco

		New York/Newark-Cancun

		New York/Newark-Mexico City

		New York/Newark-Puerto Vallarta

INITIALLY PROPOSED MARKETS WHERE THE “AM” CODE WILL BE PLACED ON
CONTINENTAL/EXPRESSJET FLIGHTS

(Continental/ExpressJet already hold the requisite underlying authority
to conduct the code-share services proposed.  Aeromexico receives new
underlying authority by this Notice to conduct the services proposed):

Houston-Aguascalientes

Houston-Leon/Guanajuato

Houston-Chihuahua

Houston-Cozumel

Houston-Guadalajara

Houston-Manzanillo

Houston-Merida

Houston-Morelia

Houston-Mazatlan

Houston-Puerto Vallarta

Houston-San Jose del Cabo

		Houston-San Luis Potosi

 		Houston-Saltillo

		Houston-Tampico

Houston-Torreon

		Houston-Veracruz

		Houston-Ixtapa/Zihuatanejo

		New York/Newark-Cozumel

		New York/Newark-San Jose del Cabo

			ATTACHMENT

Page 2 of 5

U.S.-MEXICO TRANSBORDER CODE-SHARE SERVICES

INITIALLY PROPOSED MARKETS WHERE CONTINENTAL/EXPRESSJET/AEROMEXICO WILL
PROVIDE RECIPROCAL CODE-SHARE SERVICES

(CO* code on Aeromexico flights and AM* code on Continental/ExpressJet
flights)

(Both the U.S. and Mexican code-share partners already hold the
requisite underlying authority needed to conduct the services proposed):

			Houston-Mexico City

			Houston-Monterrey

			ATTACHMENT

Page 3 of 5

INTRA-MEXICO CODE-SHARE SERVICES

INITIALLY PROPOSED MARKETS WHERE THE “CO” CODE WILL BE PLACED ON
AEROMEXICO FLIGHTS BETWEEN CONTINENTAL/EXPRESSJET AUTHORIZED MEXICAN
GATEWAYS AND:1

Culiacan

Monclova

Hermosillo

Oaxaca

Tapachula

			ATTACHMENT

Page 4 of 5

INTRA-U.S. CODE-SHARE SERVICES

INITIALLY PROPOSED MARKETS WHERE THE “AM” CODE WILL BE PLACED ON
CONTINENTAL/EXPRESSJET FLIGHTS BETWEEN AEROMEXICO’S AUTHORIZED U.S.
GATEWAYS AND:2

Beaumont, TX

Houston (Ellington Field), TX

Lake Charles, LA

Brownsville, TX

Baton Rouge, LA

Harlingen, TX

McAllen, TX

Laredo, TX

Midland/Odessa, TX

ATTACHMENT

Page 5 of 5

THIRD-COUNTRY CODE-SHARE SERVICES

INITIALLY PROPOSED MARKETS WHERE THE “AM” CODE WILL BE PLACED ON
CONTINENTAL/EXPRESSJET FLIGHTS BETWEEN AEROMEXICO’S AUTHORIZED U.S.
GATEWAYS AND:3

Quebec, Canada

U.S. Carrier Exemption Conditions

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

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

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

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

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

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

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

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

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

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

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

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

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

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

   Specifically, the joint applicants in this application are as
follows:  Continental and its affiliate ExpressJet Airlines, Inc., d/b/a
Continental Express (ExpressJet), and Aeromexico and its affiliate and
code-share partner, Aerolitoral, S.A. de C.V. (Aerolitoral).  The joint
applicants state that flights designated as Continental flights in the
instant application will be operated by Continental or by ExpressJet.
The joint applicants also state that Aeromexico seeks authority in the
instant application on behalf of itself and on behalf of Aerolitoral.
However, for reasons set forth in the Remarks below, we are deferring on
that portion of the application that involves proposed code-share
services with Aerolitoral.

 The supplement contained information that had been redacted from the
copy of the code-share agreement that the joint applicants had
previously submitted with their application.  We would also note that on
May 14, 2004, the joint applicants filed a letter in Docket
OST-2004-16972 to clarify that they were not requesting exemption
authority for Continental to operate code-share flights beyond its
Mexican gateways, or for Aeromexico to operate code-share flights beyond
its U.S. gateways.

   Aeromexico already holds underlying authority to provide foreign air
transportation services of persons, property, and mail between:
Houston-Acapulco, Houston-Cancun, Houston-Mexico City,
Houston-Monterrey, New York/Newark-Acapulco, New York/Newark-Cancun, New
York/Newark-Mexico City, New York/Newark-Puerto Vallarta (markets that
the applicants also propose to serve under this arrangement).

   Authority granted by this notice is subject to the conditions
outlined below; see also remarks, below.

   We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.

   By letter dated February 10, 2004, Continental advised the Department
that Aeromexico was audited by Continental in accordance with the
Foreign Code Share Safety Program approved for use by Continental and
that Aeromexico met all applicable ICAO standards.  And, by memorandum
dated April 6, 2004, the Federal Aviation Administration (FAA) advised
the Department that it had completed its review of the proposed
code-share arrangement between Continental and Aeromexico and interposed
no objection to the request.

1   We note that the blanket beyond-gateway code-share authority granted
by this Notice is subject to the 30-day notice provision discussed in
the body of this Notice.  Thus, the carriers will be required to file
such notice should the code-share partners decide to institute new
code-share services in markets not listed here.

2   We note that the blanket beyond-gateway code-share authority granted
by this Notice is subject to the 30-day notice provision discussed in
the body of this Notice.  Thus, the carriers will be required to file
such notice should the code-share partners decide to institute new
code-share services in markets not listed here.

3    We note that the blanket beyond-gateway code-share authority
granted by this Notice is subject to the 30-day notice provision
discussed in the body of this Notice.  Thus, the carriers will be
required to file such notice should the code-share partners decide to
institute new code-share services in markets not listed here.

05/2004


[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14589-14591]
[FR Doc No: 2018-06924]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1061]
RIN 1625-AA00

Safety Zone; Vigor Industrial Drydock Movement, West Duwamish
Waterway; Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone in the West
Duwamish Waterway in Seattle, Washington for scheduled drydock
movements at Vigor Industrial. The safety zone is necessary to ensure
the safety of the maritime public and workers involved in the drydock
movements. The safety zone will prohibit any person or vessel from
entering or remaining in the safety zone when a notice of enforcement
is issued, unless authorized by the Captain of the Port or a Designated
Representative.

DATES: This rule is effective May 7, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1061 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christina Sullivan, Waterways
Management Division, Sector Puget Sound, U.S. Coast Guard; telephone
206-217-6051, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard periodically receives notification from Vigor
Industrial regarding their scheduled drydock movements in the West
Duwamish Waterway, and has established temporary safety zones to ensure
the safety of the maritime public during Vigor Industrial's operations.
The Coast

Guard last published a temporary safety zone; Vigor Industrial Ferry
Construction, West Duwamish Waterway, Seattle, WA on September 9, 2014
(79 FR 53297).
    On November 16, 2016, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Vigor Industrial Drydock
Movement, West Duwamish Waterway; Seattle, WA (81 FR 80621). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this safety zone. During the comment
period that ended January 17, 2017, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is establishing this rule under authority in 33
U.S.C. 1231. Coast Guard Captains of the Port are granted authority to
establish safety and security zones in 33 CFR 1.05-1(f) for safety and
environmental purposes as described in 33 CFR part 165.
    Due to the dangers involved with a large, slow moving drydock that
will be maneuvering close to the shore, the Coast Guard is establishing
a short term safety zone that is activated on a notice of enforcement
to ensure the safety of the workers involved as well as the maritime
public during Vigor Industrial's operations.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published
November 16, 2016. There is one change in the regulatory text of this
rule from the proposed rule in the NPRM.
    We changed the proposed language in Sec.  165.1340(b)(2) as
follows: In the first sentence of paragraph (b)(2), the word
``consult'' is changed to ``communicate.'' The second sentence of
paragraph (b)(2) remains unchanged. This change is intended to clarify
that consultation occurs once the Coast Guard receives sufficient
information from Vigor Industrial and the Muckleshoot Tribe that there
are impacts to treaty fishing activities.
    This rule establishes a safety zone encompassing all waters in a
rectangle approximately 450-yards-by-500-yards at the mouth of the West
Duwamish Waterway as it empties into Elliot Bay in Seattle, Washington.
The safety zone is adjacent to the north-eastern tip of Harbor Island
in Seattle, WA, and will only be enforced after a notice of enforcement
has been issued by the Captain of the Port, Sector Puget Sound. In
addition to issuing a notice of enforcement to be published in the
Federal Register, the Captain of the Port will use other appropriate
means, such as Local Notice to Mariners and Special Marine Information
Broadcast, to inform the public of enforcement periods.
    To request permission to enter the zone during the times set out by
the notice of enforcement, contact the Joint Harbor Operations Center
at<PHONE_NUMBER> or the Vessel Traffic Service Puget Sound on VHF
Channel 14. If permission for entry is granted vessels will be required
proceed at a minimum speed for navigation.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone will impact
a small designated area of the West Duwamish Waterway for less than 6
hours per occurrence. From 2005 through 2015, there were a total of 10
instances in which the Coast Guard issued a safety zone for the
movement of the Vigor Dry Dock. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    This rule was determined to have potential tribal implications
under Executive Order 13175, Consultation and Coordination with Indian
Tribal

Governments, because it will impact vessel traffic in the West Duwamish
Waterway. The Coast Guard consulted with the Muckleshoot tribe on the
NPRM that preceded this rule. In order to reach an agreeable timeframe
that avoids impacts to treaty fishing activities, the Coast Guard will
communicate with the Muckleshoot tribe and Vigor Industrial once it
receives notification from Vigor Industrial concerning drydock
movements that require the enforcement of the safety zone. If agreement
is not reached, the Coast Guard, as a Federal trustee, will conduct
consultation with the Muckleshoot tribe to ensure Vigor movements will
avoid Treaty impacts.
    If you believe this rule has additional implications for federalism
or Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
the establishment of a safety zone to ensure the safety of the maritime
public. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.1340 to read as follows:

Sec.  165.1340  Safety Zone; Vigor Industrial Drydock Movement, West
Duwamish Waterway; Seattle, WA.

    (a) Location. The following area is a safety zone: All waters of
the West Duwamish Waterway in Seattle, WA encompassed within the area
created by connecting the following points: 47[deg]35'04'' N,
122[deg]21'30'' W thence westerly to 47[deg]35'04'' N, 122[deg]21'50''
W thence northerly to 47[deg]35'19'' N, 122[deg]21'50'' W thence
easterly to 47[deg]35'19'' N, 122[deg]21'30'' W thence southerly to
47[deg]35'04'' N, 122[deg]21'30'' W.
    (b) Regulations. (1) In accordance with the general regulations in
subpart C of this part, when a notice of enforcement has been issued,
no person may enter or remain in the safety zone created by this
section unless authorized by the Captain of the Port or a Designated
Representative. See subpart C of this part for additional safety zone
information and requirements. Vessel operators wishing to enter the
zone during the enforcement period must request permission for entry by
contacting the Joint Harbor Operation Center at<PHONE_NUMBER> or the
Vessel Traffic Service Puget Sound on VHF channel 14.
    (2) In order to reach an agreeable timeframe that avoids impacts to
treaty fishing activities, the Coast Guard will communicate with the
Muckleshoot Tribe and Vigor Industrial once it receives notification
from Vigor Industrial concerning drydock movements that require the
enforcement of the safety zone. If agreement is not reached, the Coast
Guard, as a federal trustee, will conduct consultation with the
Muckleshoot Tribe to ensure Vigor movements will avoid Treaty impacts.
    (c) Enforcement periods. The safety zone described in paragraph (a)
of this section will be enforced by the Captain of the Port only upon
notice. Notice of enforcement by the Captain of the Port will be
provided prior to execution of the drydock movement by all appropriate
means, in accordance with Sec.  165.7(a). Such means will include
issuance of a notice of enforcement to be published in the Federal
Register, Local Notice to Mariners, and Special Marine Information
Broadcast.

L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2018-06924 Filed 4-4-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55728-55729]
[FR Doc No: 2018-24315]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-3860]

Hypertension: Developing Fixed-Combination Drug Products for
Treatment; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance for industry entitled
``Hypertension: Developing Fixed-Combination Drug Products for
Treatment.'' The purpose of this guidance is to assist sponsors in the
clinical development of fixed-combination drug products for the
treatment of hypertension. The guidance focuses on development of two-
drug combinations of previously approved drug products. This guidance
incorporates the comments received for and finalizes the draft guidance
for industry entitled ``Hypertension: Developing Fixed-Dose Combination
Drugs for Treatment'' issued on January 26, 2018.

DATES: The announcement of the guidance is published in the Federal
Register on November 7, 2018.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-3860 for ``Hypertension: Developing Fixed-Combination Drug
Products for Treatment.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
    Confidential Submissions--To submit a comment with confidential
information that you do not wish to be made publicly available, submit
your comments only as a written/paper submission. You should submit two
copies total. One copy will include the information you claim to be
confidential with a heading or cover note that states ``THIS DOCUMENT
CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will review this copy,
including the claimed confidential information, in its consideration of
comments. The second copy, which will have the claimed confidential
information redacted/blacked out, will be available for public viewing
and posted on https://www.regulations.gov. Submit both copies to the
Dockets Management Staff. If you do not wish your name and contact
information to be made publicly available, you can provide this
information on the cover sheet and not in the body of your comments and
you must identify this information as ``confidential.'' Any information
marked as ``confidential'' will not be disclosed except in accordance
with 21 CFR 10.20 and other applicable disclosure law. For more
information about FDA's posting of comments to public dockets, see 80
FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Naomi Lowy, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.
Bldg. 22, Rm. 4204, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Hypertension: Developing Fixed-Combination Drug Products for
Treatment.'' The purpose of this

guidance is to assist sponsors in the clinical development of fixed
combination drug products for the treatment of hypertension. The
guidance focuses on development of two-drug combinations of previously
approved drug products. This guidance incorporates the comments
received for and finalizes the draft guidance for industry entitled
``Hypertension: Developing Fixed-Dose Combination Drugs for Treatment''
issued on January 26, 2018 (83 FR 3735). All the public comments
received on the draft guidance have been considered, and the guidance
was revised as appropriate primarily for editorial changes.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Hypertension: Developing Fixed-Combination
Drug Products for Treatment.'' It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations. This guidance is not subject to Executive
Order 12866.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 312 has been
approved under OMB control number 0910-0014. The collection of
information in the guidance for industry entitled ``Hypertension
Indication: Drug Labeling for Cardiovascular Outcome Claims''
(available at<EMAIL_ADDRESS>has been approved under OMB
control number 0910-0670.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: November 1, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-24315 Filed 11-6-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 72085-72086]
[FR Doc No: 2019-28003]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87835; File No. 265-33]

Asset Management Advisory Committee

AGENCY: Securities and Exchange Commission.

ACTION: Notice of meeting.

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

SUMMARY: Notice is being provided that the Securities and Exchange
Commission Asset Management Advisory Committee will hold a public
meeting on January 14, 2020, in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE, Washington, DC. The meeting
will begin at 9:00 a.m. (ET) and will be open to the public. The
meeting will be webcast on the Commission's website at www.sec.gov. The
Committee will have an administrative work session during lunch.
Persons needing special accommodations to take part because of a
disability should notify the contact person listed below. The public is
invited to submit written statements to the Committee. The meeting will
include a discussion of various aspects of the asset management
industry as well as administrative items.

DATES: The public meeting will be held on January 14, 2020. Written
statements should be received on or before January 9, 2020.

ADDRESSES: The meeting will be held at the Commission's headquarters,
100 F Street NE, Washington, DC. Written statements may be submitted by
any of the following methods:

Electronic Statements

     Use the Commission's internet submission form (http://www.sec.gov/rules/other.shtml); or
     Send an email message to<EMAIL_ADDRESS>Please
include File Number 265-33 on the subject line; or

Paper Statements

     Send paper statements in triplicate to Vanessa Countryman,
Federal Advisory Committee Management Officer, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File No. 265-33. This file number
should be included on the subject line if email is used. To help us
process and review your statement more efficiently, please use only one
method. The Commission will post all statements on the Commission's
internet website at SEC website at (http://www.sec.gov/comments/265-33/265-33.htm).

Statements also will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Room 1580,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. All statements received will be posted without
change. Persons submitting comments are cautioned that we do not redact
or edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Christian Broadbent or Mark Uyeda,
Senior Special Counsels, or Sirimal Mukerjee, Senior Counsel, at (202)
551-6720, Division of Investment Management, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-3628.

SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the
Federal Advisory Committee Act, 5 U.S.C.--App. 1, and the regulations
thereunder, Dalia Blass, Designated Federal Officer of the Committee,
has ordered publication of this notice.

    Dated: December 20, 2019.
Vanessa A. Countryman,
Committee Management Officer.
[FR Doc. 2019-28003 Filed 12-27-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Rules and Regulations]
[Pages 27614-27616]
[FR Doc No: 2017-12578]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 3

[Docket Number USCG-2017-0436]

Coast Guard Sector, Marine Inspection Zone, and Captain of the
Port Zone Structure; Technical Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: This rule makes non-substantive amendments to Coast Guard
regulations in association with a change in the Coast Guard's internal
organization. The amendment describes the boundaries of a sector,
marine inspection zones, and Captain of the Port zones; and describes
the reporting relationship between field units; or reflects a change in
the identity of the field unit that is responsible for a particular
matter. This rule will have no substantive effect on the regulated
public.

DATES: This rule is effective June 15, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0436 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Steve Youde at<PHONE_NUMBER> or at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    In June 2015, the Coast Guard decided to make a change to the
reporting relationship between several of its units within the Eighth
District. Specifically, Marine Safety Unit (MSU) Houma, Louisiana, will
report directly to Sector

New Orleans, Louisiana, and MSU Morgan City, Louisiana, will report to
MSU Houma. Currently, MSU Houma reports to MSU Morgan City. This action
is needed in order to improve efficiency and increase capabilities by
placing resources in closer proximity to work. Coast Guard forces in
the MSU Morgan City area of responsibility are currently made up of the
parent command at MSU Morgan City, a sub-unit, MSU Houma, located in
Houma, and a small detached duty office located in Lafayette. This
arrangement was appropriate when Morgan City was the hub of the
offshore industry, but the energy boom and associated rise of deepwater
exploration and production has made Port Fourchon, located much closer
to Houma, the hub of the offshore industry. As a result, the marine
safety workload has both increased and moved southeast towards Houma.
To a lesser degree, the workload in Lafayette has also increased. This
organizational change will transfer the larger command element,
including the Captain of the Port (COTP) and Officer in Charge Marine
Inspection (OCMI) and several offshore functions, including: Port state
control, offshore investigations, and offshore pollution response from
Morgan City to Houma. Houma is the central airborne support area for
the Gulf of Mexico, the location of the district Bureau of Safety and
Environmental Enforcement (BSEE) office, and the location of the Coast
Guard's Outer Continental Shelf National Center of Expertise. Houma is
a larger city than Morgan City and has better infrastructure to locate
most of the Coast Guard Marine Safety functions and resources currently
residing in Morgan City.
    The purpose of this rulemaking is to align the text of 33 CFR 3.40-
15 with a change in the Coast Guard's internal organization.
    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under both 5 U.S.C. 553(b) (A) and (B), the Coast Guard
finds that this rule is exempt from notice and comment rulemaking
requirements because these changes involve rules of agency
organization, and good cause exists for not publishing an NPRM because
the changes made are all non-substantive. This rule consists only of
organizational amendments. These changes will have no substantive
effect on the public; therefore, it is unnecessary to publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same
reasons, good cause exists for making this rule effective less than 30
days after publication in the Federal Register. The rule makes non-
substantive amendments to 33 CFR 3.40-15, in order to align with a
change in the Coast Guard's internal organization. The rule describes
the boundaries of a Sector, marine inspection zones, and Captain of the
Port zones; and describes the reporting relationship between field
units; or reflects a change in the identity of the field unit that is
responsible for a particular matter. This rule will have no substantive
effect on the regulated public.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C
93(a)(2), as delegated, to establish, change the location of, maintain,
and operate Coast Guard shore establishments. The rule is needed to
reflect a change in the Coast Guard's internal organization.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of federal
employees who enforce, or otherwise determine compliance with, federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires federal agencies to assess the effects of

their discretionary regulatory actions. In particular, the Act
addresses actions that may result in the expenditure by a state, local,
or tribal government, in the aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or more in any one year. Though
this rule will not result in such an expenditure, we do discuss the
effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule consists only of organizational amendments. It is categorically
excluded from further review under paragraph 34(b) of Figure 2-1 of the
Commandant Instruction.

G. Protest Activities

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

List of Subjects in 33 CFR Part 3

    Organization and functions (Government agencies).

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 3 as follows:

PART 3--SAFETY COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE
INSPECTION ZONES, AND CAPTAIN OF THE PORT ZONES

0
1. The authority citation for part 3 continues to read as follows:

    Authority:  14 U.S.C. 92 & 93; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 0170.1, para. 2(23).

Sec.  3.40-15   [Amended]

0
2. In Sec.  3.40-15, remove the words ``Morgan City'' wherever they
appear in the section and add in their place the word ``Houma''.

    Dated: May 25, 2017.
W.R. Arguin,
Captain, U.S. Coast Guard, Sector Commander.
[FR Doc. 2017-12578 Filed 6-13-17; 4:15 pm]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Page 61635]
[FR Doc No: 2014-24344]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14498-001]

Lucid Energy, Inc. and The City of Portland Water Bureau, Conduit
3, LLC; Notice of Transfer of Exemption

    1. By letter filed September 2, 2014 and supplemented on October 3,
2014, Lucid Energy, Inc. and The City of Portland Water Bureau informed
the Commission that the exemption from licensing for the Conduit 3
Hydroelectric Project, FERC No. 14498, originally issued June 3,
2013,\1\ has been transferred from Lucid Energy, Inc. and The City of
Portland Water Bureau as co-exemptees to Conduit 3, LLC and The City of
Portland Water Bureau as co-exemptees. The new co-exemptee is wholly
owned by Lucid Energy, Inc. The proposed project would be located on
The City of Portland Water Bureau's Conduit 3 pipeline, an existing 50-
inch diameter water supply pipeline, in the City of Portland, Multnomah
County, Oregon. The transfer of an exemption does not require
Commission approval.
---------------------------------------------------------------------------

    \1\ 143 FERC ] 62,164, Order Granting Exemption from Licensing
(Conduit).
---------------------------------------------------------------------------

    2. Conduit 3, LLC and The City of Portland Water Bureau are now the
co-exemptees of the Conduit 3 Hydroelectric Project, FERC No. 14498.
All correspondence should be forwarded to: Mr. Greg Semler, President
and CEO, Lucid Energy, Inc. 2420 NE Sandy Blvd., Suite 203, Portland,
OR 97232.

    Dated: October 7, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-24344 Filed 10-10-14; 8:45 am]
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 [Federal Register: August 26, 2008 (Volume 73, Number 166)] [ Rules and Regulations]                [Page 50196-50199] [DOCID:fr26au08-7]

=======================================================================

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0823]

RIN 1625-AA87

  Security Zone: Rocket Launch, NASA Wallops Flight Facility (WFF),

Wallops Island, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The U. S. Coast Guard is establishing a security zone

extending 12 nautical miles offshore from the Mid-Atlantic Regional

Spaceport (MARS) Pad 0B launch complex for the launch of a large

suborbital test rocket by the National Aeronautics and Space

Administration (NASA). The NASA rocket launch is scheduled to occur

between 2 a.m. and 4 p.m. on August 21, 2008, on Wallops Island, VA. If

the launch is postponed because of inclement weather or technical

difficulties, it will be attempted between 2 a.m. and 4 p.m. on each

subsequent day after August 21, 2008, until the launch takes place or

until 4 p.m. August 30, 2008. After August 30, 2008, the rule will no

longer be in effect. This action is necessary to ensure the safety of

persons and property, and to prevent terrorist acts or incidents on

U.S. navigable waters during the rocket launch. This rule prohibits

vessels and people from entering the security zone and requires vessels

and persons in the security zone to depart the security zone.

DATES: This rule is effective from 2 a.m. on August 21, 2008, through 4

p.m. on August 30, 2008.

ADDRESSES: Documents indicated in this preamble as being available in

the docket are part of docket USCG-2008-0823 and are available online

at http://www.regulations.gov. They are also available for inspection

or copying in two locations: 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; and

the Sector Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th

Floor, Norfolk, VA 23510 between 9 a.m. and 2 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this

temporary rule, call LT Tiffany Duffy, Chief Waterways Management

Division, Sector Hampton Roads at<PHONE_NUMBER>. If you have questions

on viewing the docket, call Renee V. Wright, Program Manager, Docket

Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior

notice and opportunity to comment pursuant to authority under section

4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This

provision authorizes an agency to issue a rule without prior notice and

opportunity to comment when the agency for good cause finds that those

procedures are ``impracticable, unnecessary, or contrary to the public

interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good

cause exists for not publishing a notice of proposed rulemaking (NPRM)

with respect to this rule because any

delay encountered in this regulation's effective date by publishing a

NPRM would be contrary to public interest since immediate action is

needed to prevent traffic from transiting the waters in the vicinity of

Wallops Island, Virginia, in order to provide for the security of the

launch and protection of life and property on navigable waters.

    This temporary security zone of short duration is necessary to

coordinate security operations and establish a secure environment for

NASA personnel and the public at large. If the launch occurs as planned

on August 21, 2008, the duration of the effective period for this

temporary security zone on all subsequent days will not be enforced.

The zone should have minimal impact on vessel transit since vessels can

safely transit around the zone and are not precluded from using any

portion of the waterway except the security zone itself.

    For the same reasons discussed above, the Coast Guard finds under 5

U.S.C. 553(d)(3) that good cause exists for making this regulation

effective less than 30 days after publication in the Federal Register.

The measures contemplated by the rule are intended to protect NASA

personnel and the public from waterborne security threats. Any delay in

the effective date of this rule is contrary to public and national

interests.

Background and Purpose

    On August 21, 2008, NASA will attempt to launch a large suborbital

rocket from Wallops Island, VA. As the lead federal agency for maritime

homeland security, the Coast Guard has determined that the Coast Guard

Captain of the Port must have the means to be aware of, deter, detect,

intercept, and respond to asymmetric threats, acts of aggression, and

attacks by terrorists on the American homeland while still maintaining

our freedoms and sustaining the flow of commerce. This temporary

security zone is to safeguard human life, vessels, and waterfront

facilities against sabotage or terrorist attacks.

    Additionally, spectators will be observing from both land and sea.

Due to the need to provide security for a satellite launch of a NASA

rocket, and for the need to protect the launch vehicle and equipment,

access in the vicinity of this event will be temporarily restricted.

Discussion of Rule

    The U.S. Coast Guard is establishing a security zone on the

navigable waters of the Atlantic Ocean east of Wallops and Assawoman

Islands in Virginia, and southeast of Assateague Island. This security

zone, which extends out 12-nautical miles from shore, encompasses all

navigable waters within a line beginning near the southeast tip of

Assateague Island at37[deg]51[min]89[sec] N/75[deg]27[min]38[sec] W;,

thence southeasterly to a point 37[deg]51[min]64[sec] N/

75[deg]17[min]56[sec] W, thence southeasterly to a point

37[deg]39[min]32[sec] N/75[deg]05[min]96[sec] W, thence southwesterly

to a point 37[deg]30[min]94[sec] N/75[deg]16[min]72[sec] W, thence

northwesterly to a point 37[deg]40[min]21[sec] N/75[deg]31[min]96[sec]

W, thence north to a point 37[deg]46[min]62[sec] N/

75[deg]30[min]71[sec] W, thence back to the point of origin.

    There is an existing Army Corps of Engineers danger zone in 33 CFR

334.130 that restricts access to waters closer to Wallops Islands. That

regulation provides for a visual notice of intent to conduct rocket-

launching operations involving the area. An intent to launch is

indicated--

    By a signal consisting of a large orange-colored, ``blimp-

shaped'' balloon by day and a signal rotating alternately red and

white beacon by night. The balloon shall be flown at latitude

37[deg]50[min]38[sec], longitude75[deg]28[min]47[sec] and the beacon

shall be displayed about 200 feet above mean high water at latitude

37[deg]50[min]16[sec], longitude 75[deg]29[min]07[sec]. The

appropriate one of these signals shall be displayed 30 minutes prior

to rocket-launching time and shall remain displayed until danger no

longer exists.

33 CFR 334.130(b)(3). In addition to watching for that intent to launch

visual clue, for purposes of this security zone, mariners should listen

for Coast Guard notifications of attempts to launch via maritime

advisories.

    This temporary security zone will be in effect from 2 a.m. on

August 21, 2008, to 4 p.m. on August 30, 2008. The zone will be

enforced from 2 a.m. until 4 p.m. on August 21, 2008, and if the launch

is postponed, the zone will be enforced, between 2 a.m. and 4 p.m., on

each subsequent day the launch is attempted or until 4 p.m. August 30,

2008.

    After 4 p.m. on August 30, 2008, this rule will no longer be in

effect. Except for participants and vessels authorized by the Captain

of the Port Representative, no person or vessel may enter or remain in

the security zone.

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 regulation restricts access

to the security zone, the effect of this rule will not be significant

because: (i) The security zone will be in effect for a limited

duration; (ii) the zone is of limited size; and (iii) the Coast Guard

will make notifications via maritime advisories so mariners can adjust

their plans accordingly.

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 U.S. Coast Guard certifies under 5 U.S.C. 605(b) that this rule

would not have a significant economic impact on a substantial number of

small entities.

    However, this rule may affect the following entities, some of which

may be small entities: the owners and operators of vessels intending to

transit or anchor in the described portion of the security zone during

the enforcement periods from 2 a.m. to 4 p.m. from August 21, 2008,

through August 30, 2008. The security zone will not have a significant

impact on a substantial number of small entities. Maritime advisories

will be issued, so the mariners can adjust their plans accordingly.

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 this 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 will call 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 5100.1 and Commandant Instruction M16475.lD, which

guide the U.S. Coast Guard in complying with the National Environmental

Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded

under the Instruction that there are no factors in this case that would

limit the use of a categorical exclusion under section 2.B.2 of the

Instruction. Therefore, this rule is categorically excluded, under

figure 2-1, paragraph (34)(g), of the Instruction, from further

environmental documentation. Under figure 2-1, paragraph (34)(g), of

the Instruction, 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, 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; 50

U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T05-0823, to read as follows:

Sec.  165.T05-0823  Security Zone; Rocket Launch, NASA Wallops Flight

Facility (WFF), Wallops Island, VA.

    (a) Location. The following area is a security zone: All waters of

the Atlantic Ocean east of Wallops and Assawoman Islands in Virginia,

and southeast of Assateague Island encompassed by a line beginning near

the southeast tip of Assateague Island at 37[deg]51'89'' N/

75[deg]27'38'' W, thence southeasterly to a point 37[deg]51'64'' N/

75[deg]17'56'' W, thence southeasterly to a point 37[deg]39'32'' N/

75[deg]05'96'' W, thence southwesterly to a point 37[deg]30'94'' N/

75[deg]16'72'' W, thence northwesterly to a point 37[deg]40'21'' N/

75[deg]31'96'' W, thence north to a point 37[deg]46'62'' N/

75[deg]30'71'' W, thence back to the point of origin.

    (b) Definition: For purposes of enforcement of this section,

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) Regulation: (1) In accordance with the general regulations in

Sec.  165.33 of this part, entry into the security zone described in

paragraph (a) of this section is prohibited unless authorized by the

Captain of the Port, Hampton Roads, Virginia, or the Captain of the

Port Representative.

    (2) The operator of any vessel granted permission to enter this

security zone must:

    (i) Stop the vessel immediately upon being directed to do so by any

commissioned, warrant or petty officer on board a vessel displaying a

U.S. Coast Guard Ensign; and

    (ii) Proceed as directed by any commissioned, warrant or petty

officer on board a vessel displaying a U.S. Coast Guard Ensign.

    (3) The Captain of the Port, Hampton Roads, Virginia can be

contacted at telephone number<PHONE_NUMBER>.

    (4) U.S. Coast Guard vessels enforcing the security zone can be

contacted on VHF-FM marine band radio, channel 13 (156.65 MHz) and

channel 16 (156.8 MHz).

    (d) Effective period: This section is effective from 2 a.m. on

August 21, 2008 to 4 p.m. on August 30, 2008.

    (e) Enforcement period: This section will be enforced from 2 a.m.

to 4 p.m. on August 21, 2008, and each subsequent day a rocket launch

at the NASA Wallops Flight Facility, Wallops Island, VA, is attempted

until 4 p.m. August 30, 2008.

    Dated: August 18, 2008.

Jeffrey P. Novotny,

Commander, U.S. Coast Guard, Acting Captain of the Port, Hampton Roads.

[FR Doc. E8-19739 Filed 8-25-08; 8:45 am]

BILLING CODE 4910-15-P