Safety Zone; Blue Angels at Kaneohe Bay Air Show, Oahu, HI, 56549-56552 [2012-22600]
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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Rules and Regulations
(14) Proceed southeasterly
(downstream) along the meandering
North Fork Creek for approximately 4
miles to the confluence of North Fork
Creek with Goose Creek; then
(15) Proceed southwesterly (upstream)
along the meandering Goose Creek for
approximately 5.6 miles to State Route
734 at Carters Bridge; then
(16) Proceed southeasterly on State
Route 734 for approximately 2.4 miles,
crossing onto the Middleburg map, to
State Route 629; then
(17) Proceed southerly on State Route
629 for approximately 1 mile to the
road’s intersection with U.S. Route 50 at
Benchmark (BM) 341 at Dover, then
continue in a straight line due south for
approximately 150 feet to the Little
River; then
(18) Proceed southwesterly (upstream)
along the meandering Little River for
approximately 8 miles to the State Route
626 bridge at Halfway; then
(19) Proceed northwesterly on State
Route 626 for approximately 0.3 mile to
State Route 706, and then continue
northwesterly on State Route 706 for
approximately 1.6 miles, crossing onto
the Rectortown map, to Burnt Mill Run;
then
(20) Proceed west-southwesterly
(upstream) along Burnt Mill Run for
approximately 0.4 mile to State Route
705; then
(21) Proceed south-southwesterly on
State Route 705 for approximately 0.5
mile to State Route 715; then
(22) Proceed west-northwesterly on
State Route 715 for approximately 0.4
mile to State Route 709 at Zulla; then
(23) Proceed south-southwesterly on
State Route 709 for approximately 4.6
miles, crossing onto the Marshall map,
to Interstate Highway 66 (0.6 mile south
of Brookes Corner); then
(24) Proceed west-northwesterly on
Interstate Highway 66 for approximately
4.0 miles, crossing onto the Orlean map,
to State Route 732 (locally known as
Ramey Road); then
(25) Proceed westerly on State Route
732 approximately 2 miles to State
Route 731 (locally known as Ashville
Road) near Ashville; then
(26) Proceed northwesterly in a
straight line, crossing onto the
Upperville map, to the marked 1,304foot peak on Little Cobbler Mountain,
then northerly in a straight line to the
marked 1,117-foot peak on Little
Cobbler Mountain, and then continue
northerly in a straight line to the marked
771-foot peak near the northern end of
Little Cobbler Mountain; then
(27) Proceed west in a straight line for
approximately 2.7 miles to the 595-foot
elevation point on State Route 724,
southeast of Markham, and continue
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west in a straight line for approximately
3.1 miles, crossing onto the Linden map,
to State Route 726 and an unnamed side
road (near a cemetery), approximately
0.7 mile southwest of the intersection of
State Route 726 and State Route 55 (near
Belle Meade); then
(28) Proceed northeasterly along State
Route 726 for approximately 0.7 mile to
State Route 55; then
(29) Proceed east-northeast in a
straight line for approximately 1.7 miles
to State Route 688 at BM 629 in Wildcat
Hollow; then
(30) Proceed northerly and then
northeasterly on State Route 688 for
approximately 5.5 miles, crossing over
and back between the Linden and
Upperville maps and then continuing
on the Upperville map, to U.S. Route 17;
then
(31) Proceed northerly on U.S. Route
17 for approximately 2.0 miles, crossing
onto the Ashby Gap map, to U.S. Route
50 (just east of Paris); then
(32) Proceed east-northeasterly in a
straight line for approximately 1.5 miles
to the marked 797-foot elevation point
located along State Route 618 at a fork
in the road approximately 0.65 miles
north of U.S. Route 50; then
(33) Proceed southeasterly in a
straight line for approximately 0.9 mile
to U.S. Route 50 at BM 625, which is
located at a bridge over an unnamed
branch of Panther Skin Creek; then
(34) Proceed south-southeasterly in a
straight line for approximately 2.9
miles, crossing onto the Upperville map,
to the intersection of State Routes 712
and 710 at Kerfoot; then
(35) Proceed southeasterly on State
Route 710 for approximately 2.5 miles,
crossing onto the Rectortown map, to
the State Route 710 bridge over Goose
Creek; then
(36) Proceed northeasterly
(downstream) along the meandering
Goose Creek for approximately 10.9
miles to State Route 626 at Bentons
Bridge; then
(37) Proceed northwesterly on State
Route 626 for approximately 4.0 miles,
crossing onto the Bluemont map, to
State Route 630 at Unison; then
(38) Proceed northeasterly on State
Route 630 for approximately 0.75 mile
to Dog Branch; then
(39) Proceed northwesterly along Dog
Branch for approximately 1.75 miles to
State Route 719; then
(40) Proceed north-northeasterly on
State Route 719 for approximately 2
miles to State Route 734 at Airmont;
then
(41) Proceed east-southeasterly on
State Route 734 for approximately 0.7
mile to State Route 735; then
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56549
(42) Proceed northeasterly on State
Route 735 for approximately 2 miles to
State Route 725; then
(43) Proceed north-northeasterly in a
straight line for approximately 4.4
miles, crossing over the northwest
corner of the Lincoln map and then onto
the Purcellville map, to the intersection
of State Routes 711 and 690, (northwest
of Purcellville); then
(44) Proceed north-northeasterly on
State Route 690 for approximately 3.1
miles to State Route 9, then proceed east
on State Route 9 for approximately 0.2
mile to the continuation of State Route
690, then proceed northerly on State
Route 690 for approximately 5.3 miles,
crossing onto the Harpers Ferry map, to
the road’s intersection with the 600-foot
elevation line immediately south of the
road’s marked 592-foot elevation point
(located 0.75 mile east-northeast of the
radio facilities at the 1,424-foot peak of
Short Hill Mountain); then
(45) Proceed northerly along the 600foot elevation line for approximately 4
miles to the Harpers Ferry National
Historical Park south boundary line;
then
(46) Proceed east and north
approximately 0.75 mile along the
Harpers Ferry National Historical Park
boundary line, returning to the
beginning point.
Signed: July 9, 2012.
John J. Manfreda,
Administrator.
Approved: July 18, 2012.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2012–22596 Filed 9–12–12; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0739]
RIN 1625–AA00
Safety Zone; Blue Angels at Kaneohe
Bay Air Show, Oahu, HI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
while the U.S. Navy Blue Angels
Squadron conducts aerobatic
performances over Kaneohe Bay, Oahu,
Hawaii. This safety zone encompasses a
small area of the Kane’ohe Bay Naval
SUMMARY:
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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Rules and Regulations
Defensive Sea Area, including an area
that extends approximately 150 yards
northeast and 250 yards southwest of
the Defensive Sea Area. This safety zone
extends from the surface of the water to
the ocean floor. This safety zone is
necessary to protect watercraft and the
general public from hazards associated
with the U.S. Navy Blue Angels aircraft
low flying, high powered jet aerobatics
over open waters. Vessels desiring to
transit through the zone can request
permission by contacting the Honolulu
Captain of the Port at telephone number
808–842–2600.
DATES: This rule is effective from 9 a.m.
September 28, 2012 through 5 p.m.
September 30, 2012. This rule will be
enforced on a daily basis from 9 a.m.
through 5 p.m. September 28 through
September 30, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0739]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Scott O.
Whaley, Waterways Management
Division, U.S. Coast Guard Sector
Honolulu, telephone 808–522–8264 ext.
352, email Scott.O.Whaley@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
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‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard did not receive necessary
information regarding the event with
sufficient time to publish an NPRM and
to receive public comments prior to the
event. Any delay in the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to minimize potential danger to
air show participants, participant
aircraft, spectators, and the general
public.
For the same reason discussed above,
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.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 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, 160.5; Public Law 107–295, 116
Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
On May 14, 2012, Kaneohe Bay Air
Show 2012 coordinators informed the
U.S. Coast Guard of a State of Hawaii
approved Air Show plan that include an
aerial performance ‘‘show box’’
extending beyond the Kane‘ohe Bay
Naval Defensive Sea Area as established
by Executive Order No. 8681 of
February 14, 1941. Within this ‘‘show
box’’, the U.S. Navy Blue Angels
Squadron will conduct aerobatic
performances, exhibiting their aircraft’s
maximum performance capabilities,
over Kaneohe Bay, Oahu, Hawaii during
a 3-day period. Taking into account the
hazards associated within this ‘‘show
box’’ during the Squadron’s high
powered multiple jet aircraft
performances, and that Kaneohe Bay
normally experiences heavy waterway
traffic during the weekends, a safety
zone for the portions of the ‘‘show box’’
that extend beyond the Kane‘ohe Bay
Naval Defensive Sea was determined to
be appropriate by the Captain of the Port
so as to ensure the safety of all
watercraft and the general public during
the Blue Angels’ performances.
C. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
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based on a number of these statutes or
executive orders.
1. 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
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The economic impact of this
rule is not significant for the following
reasons: (1) The safety zone will be
enforced for only eight hours each day
for a three day period; (2) although
persons and vessels will not be able to
enter, transit through, anchor in, or
remain within the event area without
authorization from the Captain of the
Port Honolulu or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the event
area during the enforcement period if
authorized by the Captain of the Port
Miami or a designated representative.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this rule on small entities.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
that portion of Kaneohe Bay
encompassed within the safety zone
from 8 a.m. until 5 p.m. on September
28, 29, and 30, 2012. For the reasons
discussed in the Regulatory Planning
and Review section above, this rule will
not have a significant economic impact
on a substantial number of small
entities.
3. 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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
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4. 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.).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
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8. Taking of Private Property
This 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.
9. 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.
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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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
11. Indian Tribal Governments
listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
10. Protection of Children From
Environmental Health Risks
We have analyzed this rule under
Executive Order 13045, Protection of
56551
■
This 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.
12. Energy Effects
This rule is not a ‘‘significant energy
action’’ under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 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. This rule
involves the establishment of a
temporary safety zone to protect the
public on navigable waters of the United
States. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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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 § 165.T14–210 to read as
follows:
■
§ 165.T14–210 Safety Zone; Blue Angels at
Kaneohe Bay Air Show, Oahu, Hawaii.
(a) Location. The following area is a
safety zone: All waters contained within
an area composing of one box on
Kane‘ohe Bay Naval Defensive Sea Area
as established by Executive Order No.
8681 of February 14, 1941, in Kaneohe
Bay, Oahu, Hawaii. This box extends
approximately 150 yards northeast and
250 yards southwest of the Defensive
Sea Area and is bound by the following
points: 21°26.449′ N 157°47.071′ W then
south to 21°26.270′ N 157°46.895′ W
then northeast to 21°27.943′ N
157°44.953′ W then west to 21°28.016′
N 157°45.250′ W returning southwest to
the starting point. This safety zone
extends from the surface of the water to
the ocean floor. These coordinates are
based upon the National Oceanic and
Atmospheric Administration Coast
Survey, Pacific Ocean, Oahu, Hawaii,
chart 19359.
(b) Regulations. (1) Entry into or
remaining in the safety zones described
in paragraph (a) of this section is
prohibited unless authorized by the
Honolulu Coast Guard Captain of the
Port.
(2) Persons desiring to transit these
safety zones may contact the Honolulu
Captain of the Port on VHF channel 16
(156.800 MHz) or at telephone number
808–842–2600 to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the Captain of
the Port or his or her designated
representative.
(c) Enforcement period. This rule is
effective from 9 a.m. September 28,
2012 through 5 p.m. September 30,
2012. This rule will be enforced daily
between the hours of 9 a.m. through 5
p.m. from September 28 through
September 30, 2012.
(d) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Rules and Regulations
Dated: August 27, 2012.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2012–22600 Filed 9–12–12; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 111
Holiday Mobile Shopping Promotion
Postal Service TM.
Final rule.
AGENCY:
ACTION:
The Postal Service will revise
the Mailing Standards of the United
States Postal Service, Domestic Mail
Manual (DMM®) 709.3 to add a new
temporary promotion during November
of 2012 for Presorted and automation
First-Class Mail® cards, letters, and
flats, and Standard Mail® letters and
flats bearing two-dimensional mobile
barcodes or equivalent print technology.
DATES: Effective date: November 7,
2012.
FOR FURTHER INFORMATION CONTACT:
Krista Becker at 202–268–7345, Bill
Chatfield at 202–268–7278, John Rosato
at 202–268–8597, or
mobilebarcode@usps.gov.
SUPPLEMENTARY INFORMATION: On June
27, 2012, the Postal Service filed a
notice with the Postal Regulatory
Commission (Docket No. R2012–9) to
temporarily reduce the prices for certain
types of First-Class Mail and Standard
Mail letters and flats containing a
transactional two-dimensional barcode
(‘‘mobile barcode’’) readable by
consumer mobile devices. The terms
‘‘mobile barcode or mobile barcodes’’
include equivalent mobile technologies
such as watermarks or tags. On August
7, 2012, the PRC approved the Holiday
Mobile Shopping Promotion
(‘‘Promotion’’), which will take place
between November 7, 2012 and
November 21, 2012 (‘‘promotion
period’’). The Promotion is designed to
SUMMARY:
spur mobile purchasing by putting
mailers’ mobile-optimized offers,
coupons, and catalogs into the hands of
customers for the Black Friday/Cyber
Monday holiday shopping timeframe.
In this final rule, the Postal Service
provides a description of the eligibility
conditions for the Holiday Mobile
Shopping Promotion, and the revised
mailing standards to implement the
promotion. The new standards will
replace those for the Mobile Commerce
and Personalization Promotion that
have been in effect for the months of
July and August 2012.
To be eligible, each mailpiece listed
on a qualifying postage statement must
have a mobile barcode on the outside of
the piece or on the contents within the
piece. When scanned, the mobile
barcode must lead the recipient of the
mailpiece to a mobile optimized
shopping Web site that allows the
recipient to purchase an advertised
product on the mobile device (the sale
of services will not qualify). Directional
text must be printed near the mobile
barcode to instruct the recipient to scan
the image. Mobile barcodes that direct
consumers to web pages that allow them
to pay for prior or future purchases or
encourage enrollment in online bill
payment or paperless statement services
are not eligible for the Promotion.
Mailpieces with mobile barcodes that
convey postage information,
destination, sender, or a machinable
serial number for security purposes also
are not eligible for the discount.
Discount and Rebate Information
The Holiday Mobile Shopping
Promotion provides an upfront price
reduction of 2 percent on the eligible
postage for qualifying mailpieces.
Qualifying mailings are Presorted and
automation mailings of First-Class Mail
cards, letters, and flats, and Standard
Mail (including Nonprofit) letters and
flats. Commingled, co-mailed, and
combined mailings are allowed, but a
separate postage statement is required
for the mailpieces with mobile barcodes.
The price reduction will be taken off
the eligible postage amount due at the
time of mailing. The Promotion
discount does not apply to single-piece
First-Class Mail pieces including
residual single-piece First-Class Mail
pieces claimed on a postage statement
for Presorted and automation mailings.
The price reduction also does not apply
to any Standard Mail residual pieces
paying single-piece First-Class Mail
prices.
Eligible mailings must be
accompanied by electronic
documentation, submitted via mail.dat,
mail.xml, or Postal Wizard. The
electronic documentation must identify
the mail owner and mail preparer in the
‘‘by/for’’ fields for all mailings, either by
the Customer Registration ID (CRID) or
Mailer ID (MID) assigned by USPS®.
Mailings of automation cards and
letters, including Standard Mail letters
(other than those with simplified
addresses) claiming a carrier route
automation letter price on a postage
statement, or automation flats must have
Intelligent Mail® barcodes. Mailpieces
with POSTNET TM barcodes will not be
eligible for the price reduction.
Mailers also may qualify for an
additional 1 percent rebate on the prediscount postage of their qualifying
mailings if a portion of their orders is
fulfilled via Priority Mail® between
November 9, 2012, and December 31,
2012 (‘‘fulfillment period’’). Priority
Mail packages must bear a unique
trackable barcode (i.e., Delivery
Confirmation barcode or Intelligent Mail
package barcode). To claim the rebate,
mailers will need to demonstrate that
during the fulfillment period, the
number of Priority Mail packages
delivered to customers exceeded 0.5
percent (‘‘package threshold’’) of the
total number of qualifying mailpieces
sent during the ‘‘promotion period’’
(November 7, 2012, through November
21, 2012.).
An example of the package threshold
calculation is in the table below:
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Promotion Period—Discounted Mail volume .............................................................................................
Total postage prior to discount ..................................................................................................................
2% Discount Applied ..................................................................................................................................
Total Postage after Discount applied ........................................................................................................
Fulfillment Threshold—0.5% of Discounted Mail volume ..........................................................................
Actual number of packages fulfilled via Priority Mail with Delivery Confirmation (11/9–12/31) ................
Additional rebate earned ...........................................................................................................................
In the example above, if the mailer
had sent 500 packages or less via
Priority Mail with Delivery
Confirmation during the fulfillment
period, there would be no rebate. Rebate
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17:08 Sep 12, 2012
Jkt 226001
applications will be due to the program
office no later than February 15, 2013.
Any earned rebate will be deposited to
the participant’s mailing postage
payment account.
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]]>Agencies
[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56549-56552]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22600]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0739]
RIN 1625-AA00
Safety Zone; Blue Angels at Kaneohe Bay Air Show, Oahu, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone while
the U.S. Navy Blue Angels Squadron conducts aerobatic performances over
Kaneohe Bay, Oahu, Hawaii. This safety zone encompasses a small area of
the Kane'ohe Bay Naval
[[Page 56550]]
Defensive Sea Area, including an area that extends approximately 150
yards northeast and 250 yards southwest of the Defensive Sea Area. This
safety zone extends from the surface of the water to the ocean floor.
This safety zone is necessary to protect watercraft and the general
public from hazards associated with the U.S. Navy Blue Angels aircraft
low flying, high powered jet aerobatics over open waters. Vessels
desiring to transit through the zone can request permission by
contacting the Honolulu Captain of the Port at telephone number 808-
842-2600.
DATES: This rule is effective from 9 a.m. September 28, 2012 through 5
p.m. September 30, 2012. This rule will be enforced on a daily basis
from 9 a.m. through 5 p.m. September 28 through September 30, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0739]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Scott O. Whaley, Waterways
Management Division, U.S. Coast Guard Sector Honolulu, telephone 808-
522-8264 ext. 352, email Scott.O.Whaley@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information regarding the event with sufficient time to
publish an NPRM and to receive public comments prior to the event. Any
delay in the effective date of this rule would be contrary to the
public interest because immediate action is needed to minimize
potential danger to air show participants, participant aircraft,
spectators, and the general public.
For the same reason discussed above, 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.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 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, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
On May 14, 2012, Kaneohe Bay Air Show 2012 coordinators informed
the U.S. Coast Guard of a State of Hawaii approved Air Show plan that
include an aerial performance ``show box'' extending beyond the
Kane`ohe Bay Naval Defensive Sea Area as established by Executive Order
No. 8681 of February 14, 1941. Within this ``show box'', the U.S. Navy
Blue Angels Squadron will conduct aerobatic performances, exhibiting
their aircraft's maximum performance capabilities, over Kaneohe Bay,
Oahu, Hawaii during a 3-day period. Taking into account the hazards
associated within this ``show box'' during the Squadron's high powered
multiple jet aircraft performances, and that Kaneohe Bay normally
experiences heavy waterway traffic during the weekends, a safety zone
for the portions of the ``show box'' that extend beyond the Kane`ohe
Bay Naval Defensive Sea was determined to be appropriate by the Captain
of the Port so as to ensure the safety of all watercraft and the
general public during the Blue Angels' performances.
C. 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 or executive orders.
1. 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 potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this rule is not significant for the following reasons: (1) The safety
zone will be enforced for only eight hours each day for a three day
period; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the event area without
authorization from the Captain of the Port Honolulu or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the event area during the
enforcement period if authorized by the Captain of the Port Miami or a
designated representative.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule may affect the following entities, some of which may be small
entities: the owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Kaneohe
Bay encompassed within the safety zone from 8 a.m. until 5 p.m. on
September 28, 29, and 30, 2012. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
3. 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person
[[Page 56551]]
listed in the FOR FURTHER INFORMATION CONTACT, above. 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.
4. 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.).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This 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.
9. 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.
10. Protection of Children From Environmental Health Risks
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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This 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.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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. This rule involves the establishment
of a temporary safety zone to protect the public on navigable waters of
the United States. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
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 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 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 Sec. 165.T14-210 to read as follows:
Sec. 165.T14-210 Safety Zone; Blue Angels at Kaneohe Bay Air Show,
Oahu, Hawaii.
(a) Location. The following area is a safety zone: All waters
contained within an area composing of one box on Kane`ohe Bay Naval
Defensive Sea Area as established by Executive Order No. 8681 of
February 14, 1941, in Kaneohe Bay, Oahu, Hawaii. This box extends
approximately 150 yards northeast and 250 yards southwest of the
Defensive Sea Area and is bound by the following points: 21[deg]26.449'
N 157[deg]47.071' W then south to 21[deg]26.270' N 157[deg]46.895' W
then northeast to 21[deg]27.943' N 157[deg]44.953' W then west to
21[deg]28.016' N 157[deg]45.250' W returning southwest to the starting
point. This safety zone extends from the surface of the water to the
ocean floor. These coordinates are based upon the National Oceanic and
Atmospheric Administration Coast Survey, Pacific Ocean, Oahu, Hawaii,
chart 19359.
(b) Regulations. (1) Entry into or remaining in the safety zones
described in paragraph (a) of this section is prohibited unless
authorized by the Honolulu Coast Guard Captain of the Port.
(2) Persons desiring to transit these safety zones may contact the
Honolulu Captain of the Port on VHF channel 16 (156.800 MHz) or at
telephone number 808-842-2600 to seek permission to transit the area.
If permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Enforcement period. This rule is effective from 9 a.m.
September 28, 2012 through 5 p.m. September 30, 2012. This rule will be
enforced daily between the hours of 9 a.m. through 5 p.m. from
September 28 through September 30, 2012.
(d) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
[[Page 56552]]
Dated: August 27, 2012.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2012-22600 Filed 9-12-12; 8:45 am]
BILLING CODE 9110-04-P
