Safety Zone; Lake Pontchartrain, New Orleans, LA, 9879-9882 [2012-3870]
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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules
statement of economic and regulatory
alternatives for proposed and final rules
that contain Federal mandates. A
‘‘Federal mandate’’ is a new or
additional enforceable duty, imposed on
any State, local, or tribal government, or
the private sector. If any Federal
mandate causes those entities to spend,
in aggregate, $100 million or more in
any one year the UMRA analysis is
required. This proposed rule would not
impose Federal mandates on any State,
local, or tribal government or the private
sector.
List of Subjects in 28 CFR Part 16
Administrative practices and
procedures, Courts, Freedom of
Information Act, Government in the
Sunshine Act, and the Privacy Act.
Pursuant to the authority vested in the
Attorney General by 5 U.S.C. 552a and
delegated to me by Attorney General
Order 2940–2008, it is proposed to
amend 28 CFR part 16 as follows:
PART 16—[AMENDED]
1. The authority citation for part 16
continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a,
552b(g), 553; 18 U.S.C. 4203(a)(1); 28 U.S.C.
509, 510, 534; 31 U.S.C. 3717, 9701.
Subpart E—Exemption of Records
Systems Under the Privacy Act
2. Section 16.134 is added to read as
follows:
srobinson on DSK4SPTVN1PROD with PROPOSALS
§ 16.134 Exemption of Debt Collection
Enforcement System, Justice/DOJ–016.
(a) The following system of records is
exempt from 5 U.S.C. 552a(c)(3) and (4);
(d)(1), (2), (3), and (4); (e)(1), (2), (3),
(4)(G), (H) and (I), (5) and (8); (f) and (g)
of the Privacy Act. In addition, the
system is exempt pursuant to 5 U.S.C.
552a(k)(2) from subsections (c)(3); (d)(1),
(2), (3), and (4); (e)(1); (4)(G), (H), and
(I); and (f). These exemptions apply only
to the extent that information in this
system is subject to exemption pursuant
to 5 U.S.C. 552a (j)(2) or (k)(2). Where
compliance would not appear to
interfere with or adversely affect the law
enforcement purposes of this system, or
the overall law enforcement process, the
applicable exemption may be waived by
the DOJ in its sole discretion.
(b) Exemptions from the particular
subsections are justified for the
following reasons:
(1) From subsection (c)(3), the
requirement that an accounting be made
available to the named subject of a
record, because certain records in this
system are exempt from the access
provisions of subsection (d). Also,
because making available to a record
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subject the accounting of disclosures
from records concerning him/her would
specifically reveal any investigative
interest in the individual. Revealing this
information may thus compromise
ongoing law enforcement efforts.
Revealing this information may also
permit the record subject to take
measures to impede the investigation,
such as destroying evidence,
intimidating potential witnesses or
fleeing the area to avoid the
investigation.
(2) From subsection (c)(4) notification
requirements because certain records in
this system are exempt from the access
and amendment provisions of
subsection (d) as well as the access to
accounting of disclosures provision of
subsection (c)(3).
(3) From subsections (d)(1), (2), (3),
and (4) because access to the records
contained in this system might
compromise ongoing investigations,
reveal confidential informants, or
constitute unwarranted invasions of the
personal privacy of third parties who
are involved in a certain investigation.
Amendment of the records would
interfere with ongoing debt collection
investigations or other law enforcement
proceedings and impose an impossible
administrative burden by requiring
investigations to be continuously
reinvestigated.
(4) From subsection (e)(1) because it
is not always possible to know in
advance what information is relevant
and necessary for law enforcement
purposes.
(5) From subsection (e)(2) to avoid
impeding law enforcement efforts
associated with debt collection by
putting the subject of an investigation
on notice of that fact, thereby permitting
the subject to engage in conduct
intended to frustrate or impede that
investigation.
(6) From subsection (e)(3) to avoid
impeding law enforcement efforts in
conjunction with debt collection by
putting the subject of an investigation
on notice of that fact, thereby permitting
the subject to engage in conduct
intended to frustrate or impede that
investigation.
(7) From subsection (e)(4)(G), (H) and
(I) because portions of this system are
exempt from the access provisions of
subsection (d) pursuant to subsections
(j) and (k) of the Privacy Act.
(8) From subsection (e)(5) because
many of the records in this system are
records contributed by other agencies
and the restrictions imposed by (e)(5)
would limit the utility of the system.
(9) From subsection (e)(8), because to
require individual notice of disclosure
of information due to compulsory legal
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9879
process would pose an impossible
administrative burden on the DOJ and
may alert the subjects of law
enforcement investigations, who might
be otherwise unaware, to the fact of
those investigations.
(10) From subsections (f) and (g) to
the extent that the system is exempt
from other specific subsections of the
Privacy Act.
Dated: January 31, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer,
United States Department of Justice.
[FR Doc. 2012–3914 Filed 2–17–12; 8:45 am]
BILLING CODE 4410–CN–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone in the
vicinity of the South shores of Lake
Pontchartrain adjacent to the East bank
of the Lakefront Airport runways in
New Orleans, Louisiana. This temporary
safety zone is necessary to protect
persons and vessels from the potential
safety hazards associated with highspeed aerobatic displays by the
participants of the 1812 Blue Angels Air
Show, during the War of 1812
Commemoration.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before March 22, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0012 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
DATES:
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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or email Lieutenant
Commander (LCDR) Marcie Kohn,
Sector New Orleans, Coast Guard;
telephone 504–365–2281, email
Marcie.L.Kohn@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Viewing Comments and Documents
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
srobinson on DSK4SPTVN1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0032),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2012–0032’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
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If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2012–
0032’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before February 28, 2012
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact LCDR Marcie
Kohn at the telephone number or email
address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
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Basis and Purpose
In conjunction with the War of 1812
Commemoration celebrations taking
place in the city of New Orleans, the
Coast Guard has 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 Blue Angels Air
Show is scheduled to take scheduled to
occur daily between the hours of 10 a.m.
and 5 p.m, beginning April 19, 2012
through April 22, 2012. The request
calls for a safety zone to be created over
the Lake to accommodate the air show
participants with an aerobatic display
box. The Coast Guard has 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.
Discussion of Proposed Rule
The Coast Guard proposes a
temporary safety zone extending
approximately 3,000′ from the South
shores of Lake Pontchartrain, adjacent to
the East bank of the Lakefront Airport
runways. This temporary safety zone is
necessary to protect persons and vessels
from the potential safety hazards
associated with high speed aerobatic
displays from the participants of the
Blue Angels Air Show. There will be a
12,000′ × 3,000′ aerobatic display area,
which requires the surface of the water
to be sterile of non-participants. The
Blue Angels Air Show is scheduled to
take scheduled to occur daily between
the hours of 10 a.m. and 5 p.m.,
beginning April 19, 2012 through April
22, 2012. The coordinates for the
aerobatic display area are as follows:
SE corner: N 30°02′07.71″ & W
90°01′53.56″
SW corner: N 30°02′07.71″ & W
90°04′10.05″
NW corner: N 30°02′38.37″ & W
90°04′10.05″
NE corner: N 30°02′38.37″ & W
90°01′53.56″
Regulatory Analyses
We developed this proposed 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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
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srobinson on DSK4SPTVN1PROD with PROPOSALS
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that those Orders.
The impacts on routine navigation are
expected to be minimal because the
proposed 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 proposed 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 proposed 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 proposed rule
would 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
would 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. If you are a small business entity
and are significantly affected by this
regulation please contact Lieutenant
Commander (LCDR) Marcie Kohn,
Sector New Orleans, at 504–365–2281 or
email Marcie.L.Kohn@uscg.mil.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact LCDR
Marcie Kohn. The Coast Guard will not
retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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.
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9881
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a safety zone and
as such is categorically excluded, under
figure 2–1, paragraph (34)(g) of the
Instruction. A preliminary
‘‘Environmental Analysis Check List’’
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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 proposes to
amend 33 CFR part 165 as follows:
30°02′07.71″ N, longitude 90°01′53.56″
W.
(b) Effective Dates. This rule is
effective beginning 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 (504)
365–2543.
(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 (504)
365–2543.
(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.
Dated: February 1, 2012.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
[FR Doc. 2012–3870 Filed 2–17–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
40 CFR Parts 141 and 142
1. The authority citation for part 165
continues to read as follows:
[FRL–9635–1]
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.
2. Add § 165.T08–0032 to read as
follows:
srobinson on DSK4SPTVN1PROD with PROPOSALS
(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°02′38.37″ N, longitude 90°01′53.56″
W to latitude 30°02′38.37″ N, longitude
90°04′10.05″ W to latitude 30°02′07.71″
N, longitude 90°04′10.05″ W to latitude
16:43 Feb 17, 2012
Jkt 226001
Environmental Protection
Agency (EPA).
ACTION: Notice of public meeting.
AGENCY:
EPA is holding an initial
meeting of the Arsenic Small Systems
Working Group to provide input and
recommendations on barriers to the use
of point-of-use and point-of-entry
treatment units, package plant, and
modular units, as well as alternative
affordability criteria that give extra
weight to small, rural, and lower income
communities. This meeting will be held
via Webcast and the public may attend
this meeting.
DATES: The Work Group meeting will be
held on March 2, 2012 (1 p.m. to 4 p.m.,
Eastern Time (ET)). Persons wishing to
participate must register in advance as
SUMMARY:
§ 165.T08–0032 Safety Zone; Lake
Pontchartrain, New Orleans, LA
VerDate Mar<15>2010
Arsenic Small Systems Compliance
and Alternative Affordability Criteria
Working Group; public meeting
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described in the SUPPLEMENTARY
section.
ADDRESSES: The meeting will be held
via the Internet using a Webcast and
teleconference. Registrants will receive
an Internet access link and dial in
number upon registration for the
Webcast. To participate in the Webcast,
you must register in advance at the
following Web address: https://
www3.gotomeeting.com/register/
679236510.
INFORMATION
For
questions about this specific meeting,
contact Russ Perkinson, Office of
Ground Water and Drinking Water, U.S.
Environmental Protection Agency;
telephone (202) 564–4901 or by email to
perkinson.russ@epa.gov.
SUPPLEMENTARY INFORMATION:
Congressional language contained in the
Conference Report (H.R. 2055)
accompanying the Consolidated
Appropriations Act of 2012 directs the
Environmental Protection Agency to
convene an Arsenic Small Systems
Working Group composed of
representatives from States, small
publicly owned water systems, local
public health officials, drinking water
consumers and treatment manufacturers
to provide input and recommendations
on barriers to the use of point-of-use and
point-of-entry treatment units, package
plant, and modular units, as well as
alternative affordability criteria that give
extra weight to small, rural, and lower
income communities. Based upon input
from the work group, the EPA will
submit to Congress a report on actions
to make alternative compliance methods
more accessible to water systems and a
report on alternative affordability
criteria.
To participate in the Webcast, you
must register in advance at the
following Web address: https://
www3.gotomeeting.com/register/
679236510. The number of connections
available for the Webcast is limited and
will be available on a first come, first
served basis. During the Webcast, a
public comment period will be held for
persons wishing to participate that have
registered in advance to speak.
Individual comments should be limited
to no more than three minutes and it is
preferred that only one person present
the statement on behalf of a group or
organization. Individuals wishing to
speak during the public comment
period or individuals without Internet
access seeking alternative means to
participate in the meeting must contact
Russ Perkinson at (202) 564–4901 or by
email to perkinson.russ@epa.gov no
later than February 28, 2012.
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Proposed Rules]
[Pages 9879-9882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3870]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
in the vicinity of the South shores of Lake Pontchartrain adjacent to
the East bank of the Lakefront Airport runways in New Orleans,
Louisiana. This temporary 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.
DATES: Comments and related material must be received by the Coast
Guard on or before March 22, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0012 using any one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
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To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Lieutenant Commander (LCDR) Marcie Kohn, Sector New
Orleans, Coast Guard; telephone 504-365-2281, email
Marcie.L.Kohn@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http:[sol][sol]www.regulations.gov and will include
any personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0032), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http:[sol][sol]www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0032'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0032'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before February 28, 2012 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LCDR Marcie Kohn at the telephone number or email address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Basis and Purpose
In conjunction with the War of 1812 Commemoration celebrations
taking place in the city of New Orleans, the Coast Guard has 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 Blue Angels Air Show is scheduled to take scheduled to occur daily
between the hours of 10 a.m. and 5 p.m, beginning April 19, 2012
through April 22, 2012. The request calls for a safety zone to be
created over the Lake to accommodate the air show participants with an
aerobatic display box. The Coast Guard has 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.
Discussion of Proposed Rule
The Coast Guard proposes a temporary safety zone extending
approximately 3,000' from the South shores of Lake Pontchartrain,
adjacent to the East bank of the Lakefront Airport runways. This
temporary safety zone is necessary to protect persons and vessels from
the potential safety hazards associated with high speed aerobatic
displays from the participants of the Blue Angels Air Show. There will
be a 12,000' x 3,000' aerobatic display area, which requires the
surface of the water to be sterile of non-participants. The Blue Angels
Air Show is scheduled to take scheduled to occur daily between the
hours of 10 a.m. and 5 p.m., beginning April 19, 2012 through April 22,
2012. The coordinates for the aerobatic display area are as follows:
SE corner: N 30[deg]02'07.71'' & W 90[deg]01'53.56''
SW corner: N 30[deg]02'07.71'' & W 90[deg]04'10.05''
NW corner: N 30[deg]02'38.37'' & W 90[deg]04'10.05''
NE corner: N 30[deg]02'38.37'' & W 90[deg]01'53.56''
Regulatory Analyses
We developed this proposed 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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of
[[Page 9881]]
potential costs and benefits under section 6(a)(3) of that Executive
Order 12866 or under section 1 of Executive Order 13563. The Office of
Management and Budget has not reviewed it under that those Orders.
The impacts on routine navigation are expected to be minimal
because the proposed 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 proposed 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 proposed 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 proposed
rule would 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 would 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. If you are a
small business entity and are significantly affected by this regulation
please contact Lieutenant Commander (LCDR) Marcie Kohn, Sector New
Orleans, at 504-365-2281 or email Marcie.L.Kohn@uscg.mil.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LCDR Marcie Kohn. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a safety zone and as such is categorically
excluded, under figure 2-1, paragraph (34)(g) of the Instruction. A
preliminary ``Environmental Analysis Check List'' supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
2. Add 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]02'38.37''
N, longitude 90[deg]01'53.56'' W to latitude 30[deg]02'38.37'' N,
longitude 90[deg]04'10.05'' W to latitude 30[deg]02'07.71'' N,
longitude 90[deg]04'10.05'' W to latitude 30[deg]02'07.71'' N,
longitude 90[deg]01'53.56'' W.
(b) Effective Dates. This rule is effective beginning 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 (504) 365-2543.
(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 (504) 365-2543.
(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.
Dated: February 1, 2012.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2012-3870 Filed 2-17-12; 8:45 am]
BILLING CODE 9110-04-P
