[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Proposed Rules]
[Pages 9879-9882]
From the Federal Register Online via the Government Publishing 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.

[[Page 9880]]

    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 
[email protected]. 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 http://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 http://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 [email protected].
    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.

[[Page 9882]]

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