[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Rules and Regulations]
[Pages 22495-22497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9050]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; Lake Pontchartrain, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

[[Page 22496]]

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

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

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2012-0032 and are available online by going to 
http://www.regulations.gov, inserting USCG-2012-0032 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander (LCDR) Marcie Kohn, Sector New 
Orleans, Coast Guard; telephone 504-365-2281, email 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On February 21, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone, Lake Pontchartrain, New Orleans, LA in the 
Federal Register (77 FR 9879). We received no comments on the proposed 
rule, and no requests for a public meeting. As part of this rulemaking 
we made available the environmental checklist showing no significant 
adverse environmental impacts are expected as described in the National 
Environmental Policy Act of 1969 (NEPA).
    The Coast Guard is issuing this temporary final rule without full 
30 day notice pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without full 30 day notice when 
the agency for good cause finds that such notice would be 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register. The preceding NPRM provided for a comment period 
and notice to the public that this safety zone would be needed for the 
subject air show. The air show is scheduled in conjunction with the 
events surrounding the War of 1812 Commemoration. The community and 
event sponsors have planned for the air show and are relying on the air 
show to take place accompanied by the necessary safety precautions 
provided by this safety zone. It is impracticable and unnecessary to 
interfere with the planned air show and surrounding events by delaying 
this safety zone rule for a full 30 days notice.

Basis and Purpose

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

Background

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

Discussion of Comments and Changes

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

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. The impacts on routine navigation are 
expected to be minimal because the enforcement periods are short in 
duration. Additionally, closure of the Inner Harbor Navigation Canal 
entrance to Lake Pontchartrain, in support of the Seabrook Surge 
Barrier construction project by the Army Corps of Engineers, restricts 
the majority of commercial traffic. As a result, the safety zone will 
have minimal impact, if any, on the area which is used primarily by 
recreational boaters.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone will be activated, and thus subject to enforcement, for 
only 7 hours daily during the Air Show display. The small entities that 
may be affected include small entities engaged in the business of 
recreational boating in the area or other marine traffic in the area. 
Vessel traffic could pass safely around the safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

[[Page 22497]]

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves establishing a safety zone and as such is not 
categorically excluded, under figure 2-1, paragraph (34)(g) of the 
Instruction. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

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


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

    (a) Location. The following area is a temporary safety zone: All 
waters on the South shores of Lake Pontchartrain adjacent to the East 
bank of Lakefront Airport runways, extending along the Southern banks 
of the Lake, and including the Inner Harbor Navigational Canal entrance 
to Lake Pontchartrain.
    The coordinates are: Latitude 30[deg] 02[min] 38.37[sec] N, 
longitude 90[deg] 01[min] 53.56[sec] W to latitude 30[deg] 
02[min]38.37[sec] N, longitude 90[deg] 04[min] 10.05[sec] W to latitude 
30[deg] 02[min]07.71[sec] N, longitude 90[deg] 04[min] 10.05[sec] W to 
latitude 30[deg] 02[min]07.71[sec] N, longitude 90[deg] 01[min] 
53.56[sec] W.
    (b) Effective Dates. This rule is effective April 19, 2012 through 
April 22, 2012 daily between the hours of 10 a.m. and 5 p.m. local 
time.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR part 165 Subpart C of this title, entry into this zone is 
prohibited unless authorized by the Captain of the Port New Orleans. 
The Captain of the Port New Orleans may be contacted at (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 assigned to units under the operational control 
of USCG Sector New Orleans.

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