[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Rules and Regulations]
[Pages 42595-42597]
[FR Doc No: 2017-19074]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31151; Amdt. No. 3762]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective September 11, 2017. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 11, 2017.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Procedures Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    This rule amends Title 14, Code of Federal Regulations, Part 97 (14
CFR part 97) by amending the referenced SIAPs. The complete regulatory
description of each SIAP is listed on the appropriate FAA Form 8260, as
modified by the National Flight Data Center (NFDC)/Permanent Notice to
Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C.
552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs,
their complex nature, and the need for a special format make their
verbatim publication in the Federal Register expensive and impractical.
Further, airmen do not use the regulatory text of the SIAPs, but refer
to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP contained on FAA form documents is unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good

cause exists for making these SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on August 11, 2017.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and
97.35  [AMENDED]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

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       AIRAC date              State              City               Airport         FDC No.      FDC date                     Subject
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12-Oct-17...............  AL              Haleyville.........  Posey Field.......       7/0337       8/1/17  RNAV (GPS) RWY 36, Orig-B.
12-Oct-17...............  AL              Oneonta............  Robbins Field.....       7/0338       8/1/17  RNAV (GPS) RWY 5, Orig-A.
12-Oct-17...............  AL              Aliceville.........  George Downer.....       7/0341       8/1/17  RNAV (GPS) RWY 6, Orig-B.
12-Oct-17...............  AL              Tuscaloosa.........  Tuscaloosa Rgnl...       7/0342       8/1/17  RNAV (GPS) RWY 12, Orig-A.
12-Oct-17...............  AL              Troy...............  Troy Muni Airport        7/0343       8/1/17  RNAV (GPS) RWY 32, Amdt 1A.
                                                                At N Kenneth
                                                                Campbell Field.
12-Oct-17...............  AL              Troy...............  Troy Muni Airport        7/0344       8/1/17  RNAV (GPS) RWY 14, Amdt 1A.
                                                                At N Kenneth
                                                                Campbell Field.
12-Oct-17...............  CT              Meriden............  Meriden Markham          7/0346       8/1/17  RNAV (GPS) RWY 36, Orig-C.
                                                                Muni.
12-Oct-17...............  FL              Milton.............  Peter Prince Field       7/0347       8/1/17  RNAV (GPS) RWY 36, Amdt 1A.
12-Oct-17...............  FL              Ormond Beach.......  Ormond Beach Muni.       7/0349       8/1/17  RNAV (GPS) RWY 26, Amdt 1A.
12-Oct-17...............  FL              St Petersburg......  Albert Whitted....       7/0350       8/1/17  VOR RWY 18, Amdt 9A.
12-Oct-17...............  FL              Umatilla...........  Umatilla Muni.....       7/0351       8/1/17  RNAV (GPS) RWY 1, Orig-A.
12-Oct-17...............  GA              Quitman............  Quitman Brooks           7/0352       8/1/17  RNAV (GPS) RWY 10, Amdt 1A.
                                                                County.
12-Oct-17...............  GA              Quitman............  Quitman Brooks           7/0353       8/1/17  RNAV (GPS) RWY 28, Amdt 1A.
                                                                County.
12-Oct-17...............  GA              Calhoun............  Tom B David Fld...       7/0354       8/1/17  RNAV (GPS) RWY 35, Amdt 1A.
12-Oct-17...............  KY              Cynthiana..........  Cynthiana-Harrison       7/0355       8/1/17  RNAV (GPS) RWY 11, Orig.
                                                                County.
12-Oct-17...............  KY              Cynthiana..........  Cynthiana-Harrison       7/0356       8/1/17  RNAV (GPS) RWY 29, Orig.
                                                                County.
12-Oct-17...............  KY              Pine Knot..........  Mc Creary County..       7/0357       8/1/17  RNAV (GPS) RWY 22, Orig-A.
12-Oct-17...............  KY              Pine Knot..........  Mc Creary County..       7/0358       8/1/17  RNAV (GPS) RWY 4, Orig.
12-Oct-17...............  KY              Mount Sterling.....  Mount Sterling-          7/0359       8/1/17  RNAV (GPS) RWY 3, Orig-B.
                                                                Montgomery County.
12-Oct-17...............  MA              Great Barrington...  Walter J Koladza..       7/0360       8/1/17  RNAV (GPS) RWY 11, Orig-B.
12-Oct-17...............  ME              Oxford.............  Oxford County Rgnl       7/0361       8/1/17  RNAV (GPS) RWY 15, Orig-B.
12-Oct-17...............  ME              Oxford.............  Oxford County Rgnl       7/0362       8/1/17  RNAV (GPS) RWY 33, Orig-B.
12-Oct-17...............  ME              Houlton............  Houlton Intl......       7/0368       8/1/17  RNAV (GPS) RWY 5, Orig-C.
12-Oct-17...............  ME              Norridgewock.......  Central Maine Arpt       7/0369       8/1/17  RNAV (GPS) RWY 3, Orig.
                                                                Of Norridgewock.
12-Oct-17...............  MS              Grenada............  Grenada Muni......       7/0372       8/1/17  RNAV (GPS) RWY 4, Amdt 1A.
12-Oct-17...............  MS              Grenada............  Grenada Muni......       7/0373       8/1/17  RNAV (GPS) RWY 22, Amdt 1A.
12-Oct-17...............  MS              Marks..............  Selfs.............       7/0384       8/1/17  RNAV (GPS) RWY 20, Amdt 1A.
12-Oct-17...............  NC              Mocksville.........  Twin Lakes........       7/0386       8/1/17  RNAV (GPS) RWY 9, Amdt 1.
12-Oct-17...............  NC              Elkin..............  Elkin Muni........       7/0388       8/1/17  RNAV (GPS) RWY 25, Orig.
12-Oct-17...............  NJ              Blairstown.........  Blairstown........       7/0390       8/1/17  RNAV (GPS) RWY 7, Orig-A.
12-Oct-17...............  NJ              Blairstown.........  Blairstown........       7/0393       8/1/17  RNAV (GPS) RWY 25, Amdt 2A.
12-Oct-17...............  NJ              West Creek.........  Eagles Nest.......       7/0395       8/1/17  RNAV (GPS)-A, Orig.
12-Oct-17...............  NJ              Sussex.............  Sussex............       7/0400       8/1/17  RNAV (GPS) RWY 3, Orig-A.
12-Oct-17...............  NY              Kingston...........  Kingston-Ulster...       7/0402       8/1/17  RNAV (GPS) RWY 15, Amdt 1.
12-Oct-17...............  NY              Akron..............  Akron.............       7/0405       8/1/17  RNAV (GPS) RWY 7, Amdt 2B.
12-Oct-17...............  NY              Akron..............  Akron.............       7/0410       8/1/17  RNAV (GPS) RWY 25, Amdt 2B.
12-Oct-17...............  NY              Hornell............  Hornell Muni......       7/0412       8/1/17  RNAV (GPS) RWY 18, Orig-A.
12-Oct-17...............  NY              Norwich............  Lt Warren Eaton...       7/0414       8/1/17  RNAV (GPS) RWY 1, Amdt 1.
12-Oct-17...............  PA              Sterling...........  Spring Hill.......       7/0421       8/1/17  RNAV (GPS)-A, Amdt 1.
12-Oct-17...............  PA              Washington.........  Washington County.       7/0424       8/1/17  RNAV (GPS) RWY 9, Amdt 1D.
12-Oct-17...............  PA              Bellefonte.........  Bellefonte........       7/0426       8/1/17  RNAV (GPS) RWY 7, Orig-A.
12-Oct-17...............  SC              Union..............  Union County, Troy       7/0427       8/1/17  RNAV (GPS) RWY 23, Orig-A.
                                                                Shelton Field.
12-Oct-17...............  TN              Livingston.........  Livingston Muni...       7/0430       8/1/17  RNAV (GPS) RWY 3, Amdt 1B.
12-Oct-17...............  TN              Pulaski............  Abernathy Field...       7/0432       8/1/17  RNAV (GPS) RWY 16, Amdt 2B.
12-Oct-17...............  TN              Jacksboro..........  Campbell County...       7/0433       8/1/17  RNAV (GPS) RWY 23, Amdt 1A.
12-Oct-17...............  VA              Gordonsville.......  Gordonsville Muni.       7/0434       8/1/17  RNAV (GPS)-B, Orig.
12-Oct-17...............  VA              Gordonsville.......  Gordonsville Muni.       7/0436       8/1/17  RNAV (GPS)-A, Orig.
12-Oct-17...............  VA              Norfolk............  Norfolk Intl......       7/0437       8/1/17  RNAV (GPS) RWY 32, Orig-D.

12-Oct-17...............  VA              Quinton............  New Kent County...       7/0441       8/1/17  RNAV (GPS) RWY 11, Amdt 2A.
12-Oct-17...............  VA              Quinton............  New Kent County...       7/0443       8/1/17  RNAV (GPS) RWY 29, Amdt 2A.
12-Oct-17...............  VT              Barre/Montpelier...  Edward F Knapp           7/0446       8/1/17  RNAV (GPS) RWY 35, Amdt 1.
                                                                State.
12-Oct-17...............  MI              Battle Creek.......  W K Kellogg.......       7/0799       8/2/17  RNAV (GPS) RWY 23R, Amdt 1A.
12-Oct-17...............  ID              Pocatello..........  Pocatello Rgnl....       7/1022       8/2/17  RNAV (GPS) RWY 21, Amdt 1A.
12-Oct-17...............  NJ              West Creek.........  Eagles Nest.......       7/1519       8/1/17  RNAV (GPS)-B, Orig.
12-Oct-17...............  GA              Augusta............  Augusta Rgnl At          7/2525       8/2/17  RNAV (GPS) RWY 17, Amdt 2A.
                                                                Bush Field.
12-Oct-17...............  NJ              Newark.............  Newark Liberty           7/2703       8/2/17  RNAV (GPS) RWY 4L, Amdt 2B.
                                                                Intl.
12-Oct-17...............  IN              Fort Wayne.........  Fort Wayne Intl...       7/2713       8/2/17  RNAV (GPS) RWY 5, Amdt 1A.
12-Oct-17...............  CT              Windsor Locks......  Bradley Intl......       7/2727       8/2/17  RNAV (GPS) Y RWY 6, Amdt 2A.
12-Oct-17...............  CT              Windsor Locks......  Bradley Intl......       7/2729       8/2/17  RNAV (GPS) Y RWY 24, Amdt 3B.
12-Oct-17...............  OH              Mansfield..........  Mansfield Lahm           7/5241       8/2/17  RNAV (GPS) RWY 32, Orig-D.
                                                                Rgnl.
12-Oct-17...............  OR              Salem..............  Mcnary Fld........       7/5259       8/2/17  RNAV (GPS) RWY 31, Amdt 3.
12-Oct-17...............  FL              West Palm Beach....  Palm Beach Intl...       7/5263       8/2/17  RNAV (GPS) Y RWY 10L, Amdt 3A.
12-Oct-17...............  WI              Oshkosh............  Wittman Rgnl......       7/5265       8/2/17  RNAV (GPS) RWY 36, Amdt 2A.
12-Oct-17...............  OR              Portland...........  Portland-Hillsboro       7/6049       8/2/17  RNAV (GPS) RWY 13R, Amdt 2.
12-Oct-17...............  CA              Bakersfield........  Meadows Field.....       7/6052       8/2/17  RNAV (GPS) RWY 30R, Amdt 2.
12-Oct-17...............  MD              Baltimore..........  Baltimore/               7/6075       8/2/17  RNAV (GPS) Y RWY 10, Amdt 3A.
                                                                Washington Intl
                                                                Thurgood Marshall.
12-Oct-17...............  NY              Elmira/Corning.....  Elmira/Corning           7/6084       8/2/17  RNAV (GPS) RWY 24, Amdt 2A.
                                                                Rgnl.
12-Oct-17...............  MN              Duluth.............  Duluth Intl.......       7/6116       8/2/17  RNAV (GPS) RWY 9, Amdt 1B.
12-Oct-17...............  NY              Syracuse...........  Syracuse Hancock         7/6593       8/2/17  RNAV (GPS) Z RWY 10, Amdt 2C.
                                                                Intl.
12-Oct-17...............  AK              Kenai..............  Kenai Muni........       7/6828       8/2/17  RNAV (GPS) RWY 20R, Amdt 3A.
12-Oct-17...............  PA              Allentown..........  Lehigh Valley Intl       7/6829       8/2/17  RNAV (GPS) RWY 6, Amdt 1A.
12-Oct-17...............  SC              Charleston.........  Charleston AFB/          7/6830       8/2/17  RNAV (GPS) Y RWY 33, Amdt 3B.
                                                                Intl.
12-Oct-17...............  PA              Wilkes-Barre/        Wilkes-Barre/            7/6831       8/2/17  RNAV (GPS) RWY 4, Amdt 1A.
                                           Scranton.            Scranton Intl.
12-Oct-17...............  MN              Rochester..........  Rochester Intl....       7/8437       8/2/17  RNAV (GPS) RWY 31, Amdt 1A.
12-Oct-17...............  TX              Lubbock............  Lubbock Preston          7/9346       8/2/17  RNAV (GPS) Y RWY 17R, Amdt 2A.
                                                                Smith Intl.
12-Oct-17...............  GA              Savannah...........  Savannah/Hilton          7/9349       8/2/17  RNAV (GPS) RWY 10, Amdt 2.
                                                                Head Intl.
12-Oct-17...............  IA              Dubuque............  Dubuque Rgnl......       7/9350       8/2/17  RNAV (GPS) RWY 36, Orig.
12-Oct-17...............  FL              Tampa..............  Tampa Intl........       7/9375       8/2/17  RNAV (GPS) Z RWY 19L, Amdt 2D.
12-Oct-17...............  IL              Chicago............  Chicago O'Hare           7/9450       8/2/17  RNAV (GPS) Z RWY 28L, Orig-A.
                                                                Intl.
12-Oct-17...............  IL              Chicago............  Chicago O'Hare           7/9451       8/2/17  RNAV (GPS) RWY 4R, Amdt 1A.
                                                                Intl.
12-Oct-17...............  IL              Chicago............  Chicago O'Hare           7/9452       8/2/17  RNAV (GPS) RWY 9L, Amdt 3.
                                                                Intl.
12-Oct-17...............  IL              Chicago............  Chicago O'Hare           7/9456       8/2/17  RNAV (GPS) RWY 9R, Amdt 4.
                                                                Intl.
12-Oct-17...............  IL              Chicago............  Chicago O'Hare           7/9457       8/2/17  RNAV (GPS) RWY 10C, Amdt 1.
                                                                Intl.
12-Oct-17...............  IL              Chicago............  Chicago O'Hare           7/9459       8/2/17  RNAV (GPS) RWY 10L, Amdt 5.
                                                                Intl.
12-Oct-17...............  IL              Chicago............  Chicago O'Hare           7/9460       8/2/17  RNAV (GPS) RWY 22L, Amdt 2.
                                                                Intl.
12-Oct-17...............  IL              Chicago............  Chicago O'Hare           7/9462       8/2/17  RNAV (GPS) Z RWY 10R, Orig.
                                                                Intl.
12-Oct-17...............  TX              Brownsville........  Brownsville/South        7/9465       8/2/17  RNAV (GPS) RWY 13, Orig.
                                                                Padre Island Intl.
12-Oct-17...............  TX              Midland............  Midland Intl Air         7/9490       8/2/17  RNAV (GPS) RWY 10, Amdt 2B.
                                                                And Space Port.
12-Oct-17...............  TX              Dallas.............  Dallas Love Field.       7/9494       8/2/17  RNAV (GPS) Y RWY 31R, Amdt 2.
12-Oct-17...............  IL              Chicago/Rockford...  Chicago/Rockford         7/9497       8/2/17  RNAV (GPS) RWY 1, Amdt 1A.
                                                                Intl.
12-Oct-17...............  NE              Omaha..............  Eppley Airfield...       7/9733       8/2/17  RNAV (GPS) Y RWY 18, Amdt 3.
12-Oct-17...............  MO              St Louis...........  Spirit Of St Louis       7/9740       8/2/17  RNAV (GPS) RWY 8R, Orig-A.
12-Oct-17...............  TX              Fort Worth.........  Fort Worth               7/9868       8/2/17  RNAV (GPS) RWY 34R, Amdt 2B.
                                                                Alliance.
12-Oct-17...............  MI              Pontiac............  Oakland County           7/9870       8/2/17  RNAV (GPS) RWY 9R, Orig.
                                                                Intl.
12-Oct-17...............  GA              Atlanta............  Hartsfield--Jackso       7/9872       8/2/17  RNAV (GPS) PRM RWY 9L (SIMULTANEOUS CLOSE
                                                                n Atlanta Intl.                               PARALLEL), ORIG-A.
12-Oct-17...............  MO              St Louis...........  Spirit Of St Louis       7/9875       8/2/17  RNAV (GPS) RWY 26L, Orig-B.
12-Oct-17...............  NC              Charlotte..........  Charlotte/Douglas        7/9878       8/2/17  RNAV (GPS) Y RWY 5, Amdt 3A.
                                                                Intl.
12-Oct-17...............  NC              Charlotte..........  Charlotte/Douglas        7/9879       8/2/17  RNAV (GPS) Y RWY 18C, Amdt 3C.
                                                                Intl.
12-Oct-17...............  NC              Charlotte..........  Charlotte/Douglas        7/9880       8/2/17  RNAV (GPS) Y RWY 18R, Amdt 1.
                                                                Intl.
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[FR Doc. 2017-19074 Filed 9-8-17; 8:45 a.m.]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Proposed Rules]
[Pages 27448-27449]
[FR Doc No: 2017-12334]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0321; Airspace Docket No. 17-ASO-11]

Proposed Establishment of Class E Airspace; Hattiesburg, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

DATES: Comments must be received on or before July 31, 2017.

ADDRESSES: Send comments on this rule to: U. S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Bldg Ground Floor Rm W12-140, Washington, DC 20590; Telephone: 1-800-
647-5527, or<PHONE_NUMBER>. You must identify the Docket No. FAA-2017-
0321; Airspace Docket No. 17-ASO-11, at the beginning of your comments.
You may also submit and review received comments through the Internet
at http://www.regulations.gov. You may review the public docket
containing the proposal, any comments received, and any final
disposition in person in the Dockets Office between 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; 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 proposed 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 extending upward from
700 feet above the surface at Forrest General Hospital Heliport,
Hattiesburg, MS, to support IFR operations in standard instrument
approach procedures at the heliport.

Comments Invited

    Interested persons are invited to comment on this proposed rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal. Communications should identify
both docket numbers(FAA Docket No. FAA-2017-0321 and Airspace Docket
No. 17-ASO-11) and be submitted in triplicate to DOT Docket Operations
(see ADDRESSES section for address and phone number). You may also
submit comments through the Internet at http://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 Docket
No. FAA-2017-0321; Airspace Docket No. 17-ASO-11.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
the comments received. 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 http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://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, Georgia 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is considering 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 within a 6-mile radius of
Forrest General Hospital Heliport, Hattiesburg, MS, providing the
controlled airspace required to support the new Copter RNAV (GPS)
standard instrument approach procedures for IFR operations at Forrest
General Hospital Heliport.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

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 would 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 FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016,
effective September 15, 2016, is amended as follows:

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

* * * * *

ASO MS E5 Forrest General, Hattiesburg, MS [New]

Forrest General Hospital Heliport, MS
    (Lat. 31[deg]19'08'' N., long. 89[deg]19'44'' W.)

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

    Issued in College Park, Georgia, on June 7, 2017.
Debra L. Hogan,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2017-12334 Filed 6-14-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83985-83986]
[FR Doc No: 2020-28373]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0016]

Meeting To Implement Pandemic Response Voluntary Agreement Under
Section 708 of the Defense Production Act

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Announcement of meeting.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) held a series
of meetings remotely via web conference to implement the Voluntary
Agreement for the Manufacture and Distribution of Critical Healthcare
Resources Necessary to Respond to a Pandemic.

DATES: The first meeting took place on Monday, December 14, 2020, from
2 to 4 p.m. Eastern Time (ET). The second meeting took place on
Wednesday, December 16, 2020, from 2 to 4 p.m. ET. The third meeting
took place on Friday, December 18, 2020, from 11 a.m. to 1 p.m. ET.

FOR FURTHER INFORMATION CONTACT: Robert Glenn, Office of Business,
Industry, Infrastructure Integration, via email at<EMAIL_ADDRESS>or
via phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of these meetings is provided as
required by section 708(h)(8) of the Defense Production Act (DPA), 50
U.S.C. 4558(h)(8), and consistent with 44 CFR part 332.
    The DPA authorizes the making of ``voluntary agreements and plans
of action'' with, among others, representatives of industry and
business to help provide for the national defense.\1\ The President's
authority to facilitate voluntary agreements was delegated to the
Secretary of Homeland Security with respect to responding to the spread
of COVID-19 within the United States in Executive Order 13911.\2\ The
Secretary of Homeland Security has further delegated this authority to
the FEMA Administrator.\3\
---------------------------------------------------------------------------

    \1\ 50 U.S.C. 4558(c)(1).
    \2\ 85 FR 18403 (Apr. 1, 2020).
    \3\ DHS Delegation 09052, Rev. 00.1 (Apr. 1, 2020); DHS
Delegation Number 09052 Rev. 00 (Jan. 3, 2017).
---------------------------------------------------------------------------

    On August 17, 2020, after the appropriate consultations with the
Attorney General and the Chairman of the Federal Trade Commission, FEMA
completed and published in the Federal Register a ``Voluntary Agreement
for the Manufacture and Distribution of Critical Healthcare Resources
Necessary to Respond to a Pandemic'' (Voluntary Agreement).\4\ Unless
terminated prior to that date, the Voluntary Agreement is effective
until August 17, 2025, and may be extended subject to additional
approval by the Attorney General after consultation with the Chairman
of the Federal Trade Commission. The Agreement may be used to prepare
for or respond to any pandemic, including COVID-19, during that time.
---------------------------------------------------------------------------

    \4\ 85 FR 50035 (Aug. 17, 2020). The Attorney General, in
consultation with the Chairman of the Federal Trade Commission, made
the required finding that the purpose of the voluntary agreement may
not reasonably be achieved through an agreement having less
anticompetitive effects or without any voluntary agreement and
published the finding in the Federal Register on the same day. 85 FR
50049 (Aug. 17, 2020).
---------------------------------------------------------------------------

    On December 7, 2020, the first plan of action under the Voluntary
Agreement--the Plan of Action to Establish a National Strategy for the
Manufacture, Allocation, and Distribution of Personal Protective
Equipment (PPE) to Respond to COVID-19 (Plan of Action)--was
finalized.\5\ The Plan of Action established the Personal Protective
Equipment Sub-Committee to Define COVID-19 PPE Requirements (Sub-
Committee).
---------------------------------------------------------------------------

    \5\ See 85 FR 78869 (Dec. 7, 2020). See also 85 FR 79020 (Dec.
8, 2020).
---------------------------------------------------------------------------

    The meetings covered by this notice were held by the Sub-Committee
to implement the Voluntary Agreement. The meetings were chaired by the
FEMA Administrator or his delegate, and attended by the Attorney
General or his delegate and the Chairman of the Federal Trade
Commission or his delegate. In implementing the Voluntary Agreement,
FEMA adheres to all procedural requirements of 50 U.S.C. 4558 and 44
CFR part 332.
    Meeting Objectives: The objectives of the meetings were to:
    (1) Establish priorities for COVID-19 PPE under the Voluntary
Agreement;
    (2) Identify the first tasks that should be completed under the
Plan of Action;
    (3) Identify information gaps and areas that merit sharing (from
both FEMA to private sector and vice versa); and

    (4) Identify additional Participants that should be a part of the
Voluntary Agreement and Plan of Action.
    Meetings Closed to the Public: By default, the DPA requires
meetings held to implement a voluntary agreement or plan of action be
open to the public.\6\ However, attendance may be limited if the
Sponsor \7\ of the voluntary agreement finds that the matter to be
discussed at a meeting falls within the purview of matters described in
5 U.S.C. 552b(c). The Sponsor of the Voluntary Agreement, the FEMA
Administrator, found that these meetings to implement the Voluntary
Agreement involved matters which fell within the purview of matters
described in 5 U.S.C. 552b(c) and were therefore closed to the
public.\8\
---------------------------------------------------------------------------

    \6\ See 50 U.S.C. 4558(h)(7).
    \7\ ``[T]he individual designated by the President in subsection
(c)(2) [of section 708 of the DPA] to administer the voluntary
agreement, or plan of action.'' 50 U.S.C. 4558(h)(7).
    \8\ Under 50 U.S.C. 4558(h)(8), the Sponsor generally must
publish in the Federal Register prior notice of any meeting held to
carry out a voluntary agreement or plan of action. However, when the
Sponsor finds that the matters to be discussed at such meeting fall
within the purview of matters described in 5 U.S.C. 552b(c), notice
of the meeting may instead be published in the Federal Register
within ten days of the date of the meeting. See 50 U.S.C.
4558(h)(8).
---------------------------------------------------------------------------

    Specifically, the meetings to implement the Voluntary Agreement
could have required participants to disclose trade secrets or
commercial or financial information that is privileged or confidential.
Disclosure of such information allows for meetings to be closed
pursuant to 5 U.S.C. 552b(c)(4). In addition, the success of the
Voluntary Agreement depends wholly on the willing and enthusiastic
participation of private sector participants. Failure to close these
meetings could have had a strong chilling effect on participation by
the private sector and caused a substantial risk that sensitive
information would be prematurely released to the public, resulting in
participants withdrawing their support from the Voluntary Agreement and
thus significantly frustrating the implementation of the Voluntary
Agreement. Frustration of an agency's objective due to premature
disclosure of information allows for the closure of a meeting to
pursuant to 5 U.S.C. 552b(c)(9)(B).

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-28373 Filed 12-22-20; 8:45 am]
BILLING CODE 9111-19-P


[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Pages 60287-60288]
[FR Doc No: 2013-23791]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1164]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Testing Communications on Biological Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Submit either electronic or written comments on the collection
of information by December 2, 2013.

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

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

Testing Communications on Biological Products--(OMB Control Number
0910-0687)--Extension

    FDA is authorized by section 1003(d)(2)(D) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. Sec.  393(d)(2)(D)) to conduct
educational and public information programs relating to the safety of
regulated biological products. FDA conducts needed research to help
ensure that such programs have the highest likelihood of being
effective. FDA expects that improving communications about biological
products will involve many research methods, including individual in-
depth interviews, mall-intercept interviews, focus groups, self-
administered surveys, gatekeeper reviews, and omnibus telephone
surveys. The information will be used to explore concepts of interest
and assist in the development and modification of communication
messages and campaigns to fulfill the Agency's mission to protect the
public health.
    The information collected will serve three major purposes. First,
as formative research it will provide critical knowledge needed about
target audiences to develop messages and campaigns about biological
product use. Knowledge of consumer and healthcare professional
decision-making processes will provide the better understanding of
target audiences that FDA needs to design effective communication
strategies, messages, and labels. These communications will aim to
improve public understanding of the risks and benefits of using
biological products by providing users with a better context in which
to place risk information more completely.
    Second, as initial testing, it will allow FDA to assess the
potential effectiveness of messages and materials in reaching and
successfully communicating with their intended audiences. Testing
messages with a sample of the target audience will allow FDA to refine
messages while still in the

developmental stage. Respondents will be asked to give their reaction
to the messages in either individual or group settings.
    Third, as evaluative research, it will allow FDA to ascertain the
effectiveness of the messages and the distribution method of these
messages in achieving the objectives of the message campaign.
Evaluation of campaigns is a vital link in continuous improvement of
communications at FDA.
    FDA estimates the burden of this collection of information based on
prior experience with the various types of data collection methods
described above:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                             21 U.S.C.                                  Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 393(d)(2)(D)...............................................           9,280                1            9,280           0.2935            2,724
                                                                                (17 min.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Dated: September 25, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-23791 Filed 9-30-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: May 14, 2009 (Volume 74, Number 92)]
[Rules and Regulations]
[Page 22685-22686]
[DOCID:fr14my09-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0122]
RIN 1625-AA00

Safety Zone; Ocean Beach Fourth of July Fireworks; Pacific Ocean,
San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Pacific Ocean in support of the Fireworks Radio
Network Fourth of July Fireworks. This temporary safety zone is
necessary to provide for the safety of the crew, spectators, and other
users and vessels of the waterway. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this
temporary safety zone unless authorized by the Captain of the Port or
his designated representative.

DATES: This rule is effective from 8:45 p.m. to 9:30 p.m. on July 4,
2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0122 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-2009-0122 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is 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 Petty Officer Kristen Beer, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7262, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 6, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Ocean Beach Fourth of July Fireworks;
Pacific Ocean, San Diego, CA in the Federal Register (74 FR 15412). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.

Background and Purpose

    The Ocean Beach Main Street Association is sponsoring the Fireworks
Radio Network Fourth of July Fireworks, which will include a fireworks
presentation originating from the Ocean Beach Pier located at
approximately 32[deg]45.01' N, 117[deg]15.52' W. The safety zone will
encompass all navigable waters within 1200 feet of the pier. This
temporary safety zone is necessary to provide for the safety of the
crew, spectators, and other users and vessels of the waterway.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This determination is based on the size and location of the safety
zone. Commercial vessels will not be hindered by the safety zone.
Recreational vessels will not be allowed to transit through the
established safety zone during the specified times unless authorized to
do so by the Captain of the Port or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in a portion of the Pacific Ocean from 8:45 p.m. to 9:30 p.m.
on July 4, 2009.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced only 45 minutes late in the evening when vessel
traffic is low. Vessel traffic can pass safely around the zone. Before
the effective period, the Coast Guard will publish a Local Notice to
Mariners (LNM) and will issue Broadcast Notice to Mariners (BNM) alerts
via marine Channel 16 VHF before the temporary safety zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L.104-121), in the NPRM we offered to assist
small entities in understanding the rule so that they could 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 effect 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 0023-01 and Commandant Instruction M16475.lD,
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves the
establishment of a safety zone.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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, 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add a new temporary zone Sec.  165.T11-159 to read as follows:

Sec.  165.T11-159  Safety Zone; Ocean Beach Fourth of July Fireworks;
Pacific Ocean, San Diego, CA.

    (a) Location. The limits of the safety zone are all the navigable
waters within 1200 feet of the Ocean Beach Pier located at
approximately 32 45.01'' N, 117 15.52'' W.
    (b) Enforcement Period. This section will be enforced from 8:45
p.m. to 9:30 p.m. on July 4, 2009. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: May 1, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
 [FR Doc. E9-11304 Filed 5-13-09; 8:45 am]

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