Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 22495 

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 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 affect 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 

would not create an environmental risk 

to health or risk to safety that might 

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 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 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 interim rule 

under Department of Homeland 

Security Management Directive 023–01, 

and Commandant Instruction 

M16475.lD which guides 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 which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this interim rule. 

Under figure 2–1, paragraph (32)(e) of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard is amending 

33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Effective April 23, 2012 through 

May 15, 2013, § 117.799 is amended by 

suspending paragraph (e) and adding a 

temporary paragraph (k) to read as 

follows: 

§ 117.799 Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal. 

* * * * * 

(k) The draw of the Atlantic Beach 

Bridge at mile 0.4, across Reynolds 

Channel shall open on signal as follows: 

(1) Except as provided in paragraph 

(k)(2) of this section, from April 23, 

2012 through September 30, 2012, 

Monday through Friday, the draw may 

operate a single span on signal, every 

two hours, on the even hour, between 

6 a.m. and 8 p.m. Monday through 

Friday from 8 p.m. through 6 a.m. the 

draw may operate a single span on 

signal. On weekends and holidays from 

Friday at 8 p.m. through Monday at 6 

a.m. the bridge shall open both spans 

every hour on the hour. 

(2) From July 23, 2012 through July 

30, 2012, the bridge may remain in the 

closed position between 12 a.m. and 

5 a.m., daily. 

(3) From October 1, 2012 through May 

15, 2013, the draw may operate a single 

span on signal at 6 a.m., 12 p.m., 4 p.m., 

and 8 p.m. and at any time between 

8 p.m. and 6 a.m. The draw shall open 

both spans at all times for commercial 

vessel traffic after at least a 48 hour 

advance notice is given by calling the 

number posted at the bridge. 

Dated: March 23, 2012. 

Daniel A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2012–9056 Filed 4–13–12; 8:45 am] 

BILLING CODE 9110–04–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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

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 


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22496 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 

includes a 12,000′ × 3,000′ aerobatic 

display area and requires the surface of 

the water to be sterile of nonparticipants. 

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 

Marcie.L.Kohn@uscg.mil. 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. 


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Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 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 

■ 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 a temporary § 165.T08–0032 to 

read as follows: 

§ 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° 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 

30° 02′07.71′′ N, longitude 90° 01′ 53.56′′ 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0073; FRL–9651–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Small Container Exemption From VOC 

Coating Rules 

AGENCY: Environmental Protection 

Agency (EPA). 


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