[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Notices]
[Pages 30216-30217]
[FR Doc No: 2022-10608]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8369-049]

Village of Saranac Lake; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Application: Notice of Intent to File License
Application and Request to Use the Traditional Licensing Process (TLP).
    b. Project No.: 8369-049.
    c. Date filed: March 31, 2022.
    d. Submitted by: Village of Saranac Lake.
    e. Name of Project: Lake Flower Dam Hydroelectric Project.
    f. Location: Located on the Saranac River in the counties of
Franklin and Essex, New York. The project does not occupy any federal
land.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Mr. Erik Stender, Village Manager,
Village of Saranac Lake, 39 Main Street, Saranac Lake, NY 12983, Phone:
(518) 891-4150, Email: [email protected].
    i. FERC Contact: Claire Rozdilski, Phone:<PHONE_NUMBER>, Email:
[email protected].
    j. The Village of Saranac Lake filed its request to use the TLP on
March 31, 2022, and provided public notice of its request on April 1,
2022.\1\ In a letter dated May 11, 2022, the Director of the Division
of Hydropower Licensing approved the Village of Saranac Lake's request
to use the TLP.
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    \1\ The Village of Saranac Lake provided public notice of its
request to use the TLP on April 1, 2022, one day later than required
under section 5.3 of the Commission's regulations. The notice stated
comments would be due 30 days from the March 31, 2022 NOI filing
date, which is April 30, 2022. The Commission's Rules of Practice
and Procedure provide that if a filing deadline falls on a Saturday,
Sunday, holiday, or other day when the Commission is closed for
business, the filing deadline does not end until the close of
business on the next business day. 18 CFR 385.2007(a)(2)(2021).
Because the deadline to file comments on the request to use the TLP
fell on a Saturday, the filing deadline was extended until the close
of business on Monday, May 2, 2022, which allowed for a full 30-day
comment period from the date of the public notice.
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    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and

Management Act and implementing regulations at 50 CFR 600.920. We are
also initiating consultation with the New York State Historic
Preservation Officer, as required by section 106, National Historic
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating the Village of Saranac Lake
as the Commission's non-federal representative for carrying out
informal consultation pursuant to section 7 of the Endangered Species
Act and consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. The Village of Saranac Lake filed a Pre-Application Document
(PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD may be viewed on the Commission's website
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field, to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY).
    o. The applicant states its unequivocal intent to submit an
application for a subsequent license for Project No. 8369. Pursuant to
18 CFR 16.20 each application for a subsequent license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by September
30, 2025.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: May 11, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-10608 Filed 5-17-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 44 (Thursday, March 6, 2014)]
[Notices]
[Pages 12706-12707]
[FR Doc No: 2014-04925]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549.

Extension:
    Form S-11, OMB Control No. 3235-0067, SEC File No. 270-064.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form S-11 (17 CFR 239.18) is the registration statement form used
to register securities issued in real estate investment trusts by
issuers whose business is primarily that of acquiring and holding
investment interest in real estate under the Securities Act of 1933 (15
U.S.C. 77a et seq.). The information filed with the Commission permits
verifications of compliance with securities law requirements and
assures public availability. We estimate that Form S-11 takes
approximately 779.04 hours per response and is filed by approximately
100 issuers annually. In addition, we estimate that 25% of the 779.04
hours per response (194.76 hours) is prepared by the issuer for annual
reporting burden of 19,476 hours (194.76 hours per response x 100
responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information collection information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information

unless it displays a currently valid control number.
    Please direct your written comment to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: February 28, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-04925 Filed 3-5-14; 8:45 am]
BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

			Issued by the Department of Transportation on January 10, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-96-1320

________________________________________________________________________
________________________________________________________

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).

Applicant:  Air Marshall Islands, Inc.						Date Filed:  December 1,
2004

Relief requested:  Renew exemption from 49 U.S.C. § 41301 to conduct
scheduled foreign air transportation of persons, property and mail
between Majuro and Kwajalein, Marshall Islands, and Honolulu, Hawaii;
and charter service between the Marshall Islands and the United States.

If renewal, date and citation of last action:  Notice of Action Taken
dated December 2, 2003, in this docket

Applicant representative:  Lawrence D. Wasko/Jacquelyn Gluck
202-862-4370

DOT analyst:  Shelita Smith<PHONE_NUMBER>

Responsive pleadings:  None

	DISPOSITION

Action:  Approved									Action date:  January 10, 2005

Effective dates of authority granted:  January 10, 2005 – January 10,
2006

Basis for approval (bilateral agreement/reciprocity):  2004 Compact of
Free Association between the United States

and the Marshall Islands

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

   X    Standard exemption conditions (attached)        __ Foreign air
carrier permit conditions (Order   -  -  )

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
____________________________________________________________

We found that the applicant was qualified to perform its proposed
operations.

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 authority 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/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

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.

05/2004


[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Rules and Regulations]
[Pages 39339-39341]
[FR Doc No: 2022-14059]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0372]
RIN 1625-AA00

Safety Zone; Parade, Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Willamette River. This action is necessary to
provide for the safety of participants and the maritime public during a
float parade on the Willamette River in Portland, Oregon on July 10,
2022. This regulation prohibits non-participant persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port Columbia River or a designated representative.

DATES: This rule is effective from 10:30 a.m. to 6:30 p.m. on July 10,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0372 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Sean Murphy, Waterways Management Division, Marine
Safety Unit Portland, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

COTP Captain of the Port Columbia River
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

    On April 22, 2022, the Human Access Project notified the Coast
Guard that it will need to reschedule The Big Float, an annually
recurring marine event. The event consists of a float parade from 11
a.m. to 6 p.m. on July 10, 2022. In response, on June 2, 2022, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Parade, Willamete River, Portland, OR (87 FR 33695). There
we stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this event. During the comment period that
ended July 21, 2022, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the parade.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Columbia
River (COTP) has determined that the potential hazards associated with
the float parade would be a safety concern for anyone within the
designated area of the safety zone before, during, or after the parade.
The purpose of this rulemaking is to protect personnel, vessels, and
the marine environment in these navigable waters before, during, and
after the scheduled event.

IV. Discussion of the Rule

    As noted above, we received no comments on our NPRM published June
2, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes a safety zone from 10:30 a.m. to 6:30 p.m. on
July 10, 2021. The safety zone will cover all navigable waters of the
Willamette River, in Portland Oregon, enclosed by the Hawthorne Bridge,
the Marquam Bridge, and west of a line beginning at the Hawthorne
Bridge at approximate location 45[deg]30'50'' N; 122[deg]40'21'' W, and
running south to the Marquam Bridge at approximate location
45[deg]30'27'' N; 122[deg]40'11'' W. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 11 a.m. to 6 p.m. parade. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.

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. 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).
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. The safety
zone created by this rule is designed to minimize its impact on
navigable waters. This rule prohibits entry into certain navigable
waters of the Willamette River and is not anticipated to exceed 7 hours
in duration. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Moreover, under certain
conditions vessels may still transit through the safety zone when
permitted by the COTP. 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
call or email 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.

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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have 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 a
safety zone lasting 7 hours that will prohibit entry within a 1 mile
length of the Willamette River for the duration of the float event. 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. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

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

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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T13-0372 to read as follows:

Sec.  165.T13-0372   Safety Zone; Parade, Willamette River, Portland,
OR.

    (a) Location. The following area is a safety zone: all navigable
waters of the Willamette River, in Portland Oregon, enclosed by the
Hawthorne Bridge, the Marquam Bridge, and west of a line beginning at
the Hawthorne Bridge at approximate location 45[deg]30'50'' N;
122[deg]40'21'' W, and running south to the Marquam Bridge at
approximate location 45[deg]30'27'' N; 122[deg]40'11'' W.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Columbia River
(COTP) in the enforcement of the safety zone.
    Participant means all persons and vessels registered with the event
sponsor as a participant in the parade.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, all non-participants may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by calling<PHONE_NUMBER> or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
    (3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
    (d) Enforcement period. This section will be enforced from 10:30
a.m. until 6:30 p.m. on July 10, 2022. It will be subject to
enforcement this entire period unless the COTP determines it is no
longer needed, in which case the Coast Guard will inform mariners via
Notice to Mariners.

    Dated: June 24, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2022-14059 Filed 6-30-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Rules and Regulations]
[Pages 22495-22497]
[FR Doc No: 2012-9050]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0032]
RIN 1625-AA00

Safety Zone; Lake Pontchartrain, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone extending out
approximately 3,000 feet from the South shores of Lake Pontchartrain
adjacent to the East bank of the Lakefront Airport runways. This safety
zone is necessary to protect persons and vessels from the potential
safety hazards associated with high-speed aerobatic displays by the
participants of the 1812 Blue Angels Air Show, during the War of 1812
Commemoration. The Air Show

includes a 12,000' x 3,000' aerobatic display area and requires the
surface of the water to be sterile of non-participants.

DATES: This rule is effective from 10 a.m. on April 19, 2012 until 5
p.m. on April 22, 2012. This rule will be enforced on April 19, 2012
through April 22, 2012 between the hours of 10 a.m. to 5 p.m.

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-2012-0032 and are available online by going to
http://www.regulations.gov, inserting USCG-2012-0032 in the ``Keyword''
box, and then clicking ``Search.'' 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 rule,
call or email Lieutenant Commander (LCDR) Marcie Kohn, Sector New
Orleans, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 21, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone, Lake Pontchartrain, New Orleans, LA in the
Federal Register (77 FR 9879). We received no comments on the proposed
rule, and no requests for a public meeting. As part of this rulemaking
we made available the environmental checklist showing no significant
adverse environmental impacts are expected as described in the National
Environmental Policy Act of 1969 (NEPA).
    The Coast Guard is issuing this temporary final rule without full
30 day notice 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 full 30 day notice when
the agency for good cause finds that such notice would be
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. The preceding NPRM provided for a comment period
and notice to the public that this safety zone would be needed for the
subject air show. The air show is scheduled in conjunction with the
events surrounding the War of 1812 Commemoration. The community and
event sponsors have planned for the air show and are relying on the air
show to take place accompanied by the necessary safety precautions
provided by this safety zone. It is impracticable and unnecessary to
interfere with the planned air show and surrounding events by delaying
this safety zone rule for a full 30 days notice.

Basis and Purpose

    In conjunction with the War of 1812 Commemoration celebrations
taking place in the city of New Orleans, the Coast Guard received an
application request for a marine permit in support of the Blue Angels
Air Show, to take place over the waters of Lake Pontchartrain. The
request calls for a safety zone to be created on the lake to protect
the public from the dangers inherent to an aerobatic air show. The
Coast Guard determined that the safety zone is necessary to protect
persons and vessels from the potential safety hazards associated with
the high speed aerobatic displays of the air show participants.

Background

    The Coast Guard is establishing this safety zone at the request of
the event organizers and due to Federal Aviation Administration's
requirement that the area be sterile of non-participants.

Discussion of Comments and Changes

    No comments were received and no changes are made to the safety
zone regulation as proposed.

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. The impacts on routine navigation are
expected to be minimal because the enforcement periods are short in
duration. Additionally, closure of the Inner Harbor Navigation Canal
entrance to Lake Pontchartrain, in support of the Seabrook Surge
Barrier construction project by the Army Corps of Engineers, restricts
the majority of commercial traffic. As a result, the safety zone will
have minimal impact, if any, on the area which is used primarily by
recreational boaters.

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 safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone will be activated, and thus subject to enforcement, for
only 7 hours daily during the Air Show display. The small entities that
may be affected include small entities engaged in the business of
recreational boating in the area or other marine traffic in the area.
Vessel traffic could pass safely around the safety zone.

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.

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 (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.

Taking of Private Property

    This rule will not cause 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 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves establishing a safety zone and as such is not
categorically excluded, under figure 2-1, paragraph (34)(g) of the
Instruction. 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.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add a temporary Sec.  165.T08-0032 to read as follows:

Sec.  165.T08-0032  Safety Zone; Lake Pontchartrain, New Orleans, LA.

    (a) Location. The following area is a temporary safety zone: All
waters on the South shores of Lake Pontchartrain adjacent to the East
bank of Lakefront Airport runways, extending along the Southern banks
of the Lake, and including the Inner Harbor Navigational Canal entrance
to Lake Pontchartrain.
    The coordinates are: Latitude 30[deg] 02[min] 38.37[sec] N,
longitude 90[deg] 01[min] 53.56[sec] W to latitude 30[deg]
02[min]38.37[sec] N, longitude 90[deg] 04[min] 10.05[sec] W to latitude
30[deg] 02[min]07.71[sec] N, longitude 90[deg] 04[min] 10.05[sec] W to
latitude 30[deg] 02[min]07.71[sec] N, longitude 90[deg] 01[min]
53.56[sec] W.
    (b) Effective Dates. This rule is effective April 19, 2012 through
April 22, 2012 daily between the hours of 10 a.m. and 5 p.m. local
time.
    (c) Regulations. (1) In accordance with the general regulations in
33 CFR part 165 Subpart C of this title, entry into this zone is
prohibited unless authorized by the Captain of the Port New Orleans.
The Captain of the Port New Orleans may be contacted at<PHONE_NUMBER>.
    (2) Vessels requiring entry into or passage through the Safety Zone
must request permission from the Captain of the Port New Orleans, or a
designated representative. They may be contacted on VHF 16, or by
telephone at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port New Orleans and designated personnel.
Designated personnel include commissioned, warrant, and petty officers
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector New Orleans.

    Dated: April 4, 2012.
J.J. Arenstam,
Captain, U.S. Coast Guard, Acting Captain of the Port New Orleans.
[FR Doc. 2012-9050 Filed 4-13-12; 8:45 am]
BILLING CODE 9110-04-P