Safety Zones; Annually Recurring Events in Coast Guard Southeastern New England Captain of the Port Zone, 19302-19305 [2014-07833]
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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Proposed Rules
Under the
Federal Food, Drug, and Cosmetic Act
(section 409(b)(5) (21 U.S.C. 348(b)(5))),
we are giving notice that we have filed
a food additive petition (FAP 4A4803),
submitted by Eastman Chemical
Company, c/o Keller and Heckman LLP,
1001 G St. NW., suite 500 West,
Washington, DC 20001. The petition
proposes to amend the food additive
regulations in § 172.185 (21 CFR
172.185) TBHQ to remove the upper
bound of the melting point range
specified in § 172.185(a) and to add an
acceptance criterion for purity as
measured by the percentage of TBHQ
(not less than 99%) when tested by the
titration assay specified in the most
current edition of the Food Chemicals
Codex.
We have determined under 21 CFR
25.30(i) that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
SUPPLEMENTARY INFORMATION:
Dated: April 1, 2014.
Dennis M. Keefe,
Director, Office of Food Additive Safety,
Center for Food Safety and Applied Nutrition.
[FR Doc. 2014–07632 Filed 4–7–14; 8:45 am]
BILLING CODE 4160–01–P
2014–0061 using any one of the
following methods:
(1) Federal e-Rulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329. See the ‘‘Public Participation
and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Mr. Edward LeBlanc,
Waterways Management Division at
Coast Guard Sector Southeastern New
England, telephone 401–435–2351,
email Edward.G.LeBlanc@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
SLR Special Local Regulation
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0061]
RIN 1625–AA00
Safety Zones; Annually Recurring
Events in Coast Guard Southeastern
New England Captain of the Port Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend the special local regulations for
the ‘‘RI Air National Guard Air Show’’
and the ‘‘Swim Buzzards Bay’’ events.
This amendment would add an
additional month to the eligible dates
for which the Safety Zone Regulations
apply to each of these two events.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 8, 2014. Requests for
public meetings must be received by the
Coast Guard on or before April 29, 2014.
ADDRESSES: You may submit comments
identified by docket number USCG–
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SUMMARY:
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, 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 at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, 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
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having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2014–0061] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number [USCG–2014–0061] 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.
3. 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).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before April 29, 2014,
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
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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Proposed Rules
one at a time and place announced by
a later notice in the Federal Register.
B. Regulatory History and Information
On June 21, 2012 the Coast Guard
implemented regulations that removed
seven outdated marine events from the
CFR and established permanent
regulated areas at 33 CFR 165.173 in
conjunction with 24 other recurring
marine events in the Sector
Southeastern New England Area of
Responsibility (AOR). In the Table to
section 33 CFR 165.173, the Coast Guard
provided the name, type, approximate
safety zone dimensions, dates, times,
and locations of each event. This NPRM
proposes to expand the approximate
dates for two events, the Air Show and
the Swim.
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C. Basis and Purpose
The legal basis for this proposed rule
is 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; Public Law 107–295, 116 Stat.
2064; and Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define safety zones and special local
regulations.
On May 22, 2012, the Coast Guard
published a Final Rule in the Federal
Register (77 FR 30188) that amended
certain special local regulations and
established permanent safety zones for
numerous recurring marine events
within Coast Guard Sector Southeastern
New England. For each recurring marine
event a range of eligible dates is
included in the Table to 33 CFR
165.173.
Due to the changing scheduling of
these events, several revisions are
necessary to provide a larger window of
eligible dates for the sponsors of each
event to better coordinate with other
waterway users, major participants, and
state and local safety officials.
D. Discussion of Proposed Rule
The Coast Guard proposes to amend
the safety zone regulations listed in
sections 6.2 (RI Air National Guard Air
Show) and 7.12 (Swim Buzzards Bay) of
the Table contained in 33 CFR 165.173.
This proposed amendment would add
an additional month to the eligible dates
for which the SLR at 33 CFR 165.173
apply to each of these two events. For
the Air Show, the month of May would
be added to June and July, so that the
regulation listed in section 6.2 would
apply to one weekend in May, June, or
July, rather than just June or July as is
applicable under the current regulation.
For the Swim Buzzards Bay event, the
month of June would be added to July
and August, so that the regulation listed
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in section 7.12 would apply to one
Saturday or Sunday in June, July, or
August, rather than just July or August
as is applicable under the current
regulation.
These proposed revisions are
necessary to provide a larger window of
eligible dates for the sponsors of each
event to better coordinate with other
waterway users, major participants, and
state and local safety officials.
E. 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.
1. Regulatory Planning and Review
This proposed 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, 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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this regulation
may have some impact on the public,
the potential impact will be minimized
for the following reasons: The Air Show
would still be limited to only a single
three-day weekend period (Friday,
Saturday, and Sunday) during the
month of May, and the Air Show has
occurred annually for many years with
no negative public comments or
concerns regarding impacts to
navigation. The Swim would still be
limited to only a single Saturday or
Sunday during the month of June, and
the Swim has occurred annually for
many years with few negative public
comments or concerns regarding
impacts to navigation, and those
comments and concerns have been
readily and satisfactorily resolved.
Notifications will be made to the local
maritime community through the Local
Notice to Mariners well in advance of
the Air Show and Swim. No new or
additional restrictions will be imposed
on vessel traffic.
2. Impact on 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
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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 proposed rule would affect
the following entities, some of which
might be small entities: owners or
operators of vessels intending to transit,
fish, or anchor in the area of the events
listed in sections 6.2 or 7.12 of the Table
to 33 CFR 165.173.
The proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The Air Show
would still be limited to only a single
three-day weekend period (Friday,
Saturday, and Sunday) during the entire
eligible period (May, June, July as
proposed herein), and the Air Show has
occurred annually for many years with
no negative public comments or
concerns regarding impacts to
navigation. The Swim would still be
limited to a single Saturday or Sunday
during the entire eligible period (June,
July, August as proposed herein), and
the Swim has occurred annually for
many years with few negative public
comments or concerns regarding
impacts to navigation, and those
comments and concerns have been
readily and satisfactorily resolved.
Notifications will be made to the local
maritime community through the Local
Notice to Mariners well in advance of
the Air Show and Swim. No new or
additional restrictions will be imposed
on vessel traffic.
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.
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 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 the person
listed under FOR FURTHER INFORMATION
CONTACT. The Coast Guard will not
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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Proposed Rules
retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
4. 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).
10. Protection of Children From
Environmental Health Risks
5. 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.
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
proposed rule would not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. 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.
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9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b) (2) of
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.
11. 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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
zone. This proposed 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 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, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Amend Table § 165.173 as follows:
a. Add a new category entitled ‘‘5.0
MAY’’ below the category ‘‘1.0 365 DAY
JANUARY–DECEMBER’’ and above the
category ‘‘6.0 JUNE’’;
■ b. Redesignate item 6.2, ‘‘RI National
Guard Air Show’’ as item 5.1, and locate
it beneath the category ‘‘5.0 MAY’’;
■ c. Redesignate item 7.12 ‘‘Swim
Buzzards Bay’’ as item 6.2, and locate it
below item 6.1 ‘‘Oak Bluffs Summer
Solstice.’’
■ d. Amend the entry for ‘‘Date’’ in
newly redesignated item 5.1, ‘‘RI Air
National Guard Air Show’’; and
■ e. Amend the entry for ‘‘Date’’ in
newly redesignated item 6.2 ‘‘Swim
Buzzards Bay.’’
The revisions and additions read as
follows:
■
■
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. 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 appears to be one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This proposed rule
involves the modification of a safety
§ 165.173 Safety Zones for annually
recurring marine events held in Coast
Guard Southeastern New England Captain
of the Port Zone.
*
*
*
*
*
TABLE TO § 165.173
1.0
365 DAY JANUARY–DECEMBER
5.0
*
MAY
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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Proposed Rules
TABLE TO § 165.173—Continued
5.1 RI National Guard
Air Show.
6.0
• Event Type: Air Show.
• Date: One weekend (Friday, Saturday, and Sunday) in May, June, or July, as announced in the local Notice to
Mariners.
• Time: Approximately 9:00 a.m. to 7:00 p.m.
• Location: (1) All waters over the West Passage of Narragansett Bay, in the vicinity of the Quonset State Airport,
North Kingston, RI which are within a 4000-yard radius arc extending from position 41°35′44″ N, 071°24′14″ W
(NAD 83); and (2) All waters over the West Passage of Narragansett Bay, in the vicinity of Narragansett Pier, Narragansett, RI, which are within a 2000-yard radius arc extending from position 41°26′17″ N, 071°27′02″ W (NAD
83) (Friday only).
• Safety Zone Dimension: Approximately 1000 yards long by 1000 yards wide.
JUNE
*
6.2 Swim Buzzards
Bay.
*
*
*
• Event Type: Swim Event.
*
*
[FR Doc. 2014–07833 Filed 4–7–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 770
[EPA–HQ–OPPT–2012–0018; FRL–9909–05]
RIN 2070–AJ92
Formaldehyde Emissions Standards
for Composite Wood Products; Notice
of Public Meeting and Reopening of
Comment Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of meeting
and reopening of comment period.
AGENCY:
On June 10, 2013, EPA
published a notice of proposed
rulemaking (NPRM) in the Federal
Register entitled ‘‘Formaldehyde
Emissions Standards for Composite
Wood Products.’’ This document
announces a public meeting for April
28, 2014, and reopens the comment
period for the June 10, 2013 Federal
Register document for 30 days to allow
additional comments to be submitted by
the public. Information obtained at the
public meeting and during the comment
period will be considered by the Agency
when preparing the final regulations
implementing the formaldehyde
SUMMARY:
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• Date: One Saturday or Sunday in June, July, or August, as announced in the local Notice to Mariners.
• Location: The regulated area includes all waters in the vicinity of the Outer New Bedford Harbor, within 500 yards
along a centerline with an approximate start point of 41°36′35″ N, 070°54′18″ W (NAD 83) and an approximate end
point of 41°37′26″ N, 070°53′48″ W (NAD 83) at Davy’s Locker Restaurant in New Bedford, MA, to Fort Phoenix
Beach in Fairhaven, MA.
• Safety Zone Dimension: 500 yards on either side of the centerline described above.
Dated: March 5, 2014.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England.
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emission standards. In particular, EPA
is requesting information related to the
treatment of laminated products under
the proposed regulations.
DATES: For the proposed rule published
June 10, 2013 (78 FR 34820), comments
must be received on or before May 8,
2014.
The meeting will be held on April 28,
2014, from 1 p.m. to 3:30 p.m.
Requests to participate in the meeting
must be received on or before April 21,
2014.
Registered participants, if presenting
at the meeting, must request to be
scheduled to present on or before April
21, 2014.
To request accommodation of a
disability, please contact the technical
person listed under FOR FURTHER
INFORMATON CONTACT, preferably by
April 21, 2014, to give EPA as much
time as possible to process your request.
ADDRESSES: For submission of
comments, follow the detailed
instructions provided under ADDRESSES
in the Federal Register document of
June 10, 2013 (78 FR 34820) (FRL–
9342–3).
The meeting will be held at in the
East William Jefferson Clinton Bldg.,
Rm. 1153, 1201 Constitution Ave. NW.,
Washington, DC.
Submit requests to participate in the
meeting, identified by docket
identification (ID) number EPA–HQ–
OPPT–2012–0018, to the technical
person listed under FOR FURTHER
INFORMATION CONTACT. Upon request, a
teleconferencing number will be
provided for those who wish to attend
the meeting remotely.
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Submit requests to schedule a
presentation at the meeting, identified
by docket ID number EPA–HQ–OPPT–
2012–0018, to the technical person
listed under FOR FURTHER INFORMATION
CONTACT.
For
technical information contact: Sara
Kemme, National Program Chemicals
Division (7404T), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 566–0511;
email address: kemme.sara@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture
(including import), purchase, or sell
composite wood products. You may also
be affected if you manufacture
(including import), purchase, or sell
finished goods or component parts that
contain composite wood products. The
following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include:
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]]>Agencies
[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Proposed Rules]
[Pages 19302-19305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07833]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0061]
RIN 1625-AA00
Safety Zones; Annually Recurring Events in Coast Guard
Southeastern New England Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend the special local
regulations for the ``RI Air National Guard Air Show'' and the ``Swim
Buzzards Bay'' events. This amendment would add an additional month to
the eligible dates for which the Safety Zone Regulations apply to each
of these two events.
DATES: Comments and related material must be received by the Coast
Guard on or before May 8, 2014. Requests for public meetings must be
received by the Coast Guard on or before April 29, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-0061 using any one of the following methods:
(1) Federal e-Rulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Edward LeBlanc, Waterways Management Division
at Coast Guard Sector Southeastern New England, telephone 401-435-2351,
email Edward.G.LeBlanc@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
SLR Special Local Regulation
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2014-0061] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number [USCG-2014-0061] 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.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before April 29, 2014, 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
[[Page 19303]]
one at a time and place announced by a later notice in the Federal
Register.
B. Regulatory History and Information
On June 21, 2012 the Coast Guard implemented regulations that
removed seven outdated marine events from the CFR and established
permanent regulated areas at 33 CFR 165.173 in conjunction with 24
other recurring marine events in the Sector Southeastern New England
Area of Responsibility (AOR). In the Table to section 33 CFR 165.173,
the Coast Guard provided the name, type, approximate safety zone
dimensions, dates, times, and locations of each event. This NPRM
proposes to expand the approximate dates for two events, the Air Show
and the Swim.
C. Basis and Purpose
The legal basis for this proposed rule is 33 U.S.C. 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones and special local regulations.
On May 22, 2012, the Coast Guard published a Final Rule in the
Federal Register (77 FR 30188) that amended certain special local
regulations and established permanent safety zones for numerous
recurring marine events within Coast Guard Sector Southeastern New
England. For each recurring marine event a range of eligible dates is
included in the Table to 33 CFR 165.173.
Due to the changing scheduling of these events, several revisions
are necessary to provide a larger window of eligible dates for the
sponsors of each event to better coordinate with other waterway users,
major participants, and state and local safety officials.
D. Discussion of Proposed Rule
The Coast Guard proposes to amend the safety zone regulations
listed in sections 6.2 (RI Air National Guard Air Show) and 7.12 (Swim
Buzzards Bay) of the Table contained in 33 CFR 165.173. This proposed
amendment would add an additional month to the eligible dates for which
the SLR at 33 CFR 165.173 apply to each of these two events. For the
Air Show, the month of May would be added to June and July, so that the
regulation listed in section 6.2 would apply to one weekend in May,
June, or July, rather than just June or July as is applicable under the
current regulation.
For the Swim Buzzards Bay event, the month of June would be added
to July and August, so that the regulation listed in section 7.12 would
apply to one Saturday or Sunday in June, July, or August, rather than
just July or August as is applicable under the current regulation.
These proposed revisions are necessary to provide a larger window
of eligible dates for the sponsors of each event to better coordinate
with other waterway users, major participants, and state and local
safety officials.
E. 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.
1. Regulatory Planning and Review
This proposed 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, 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation may have some impact on the public, the potential impact
will be minimized for the following reasons: The Air Show would still
be limited to only a single three-day weekend period (Friday, Saturday,
and Sunday) during the month of May, and the Air Show has occurred
annually for many years with no negative public comments or concerns
regarding impacts to navigation. The Swim would still be limited to
only a single Saturday or Sunday during the month of June, and the Swim
has occurred annually for many years with few negative public comments
or concerns regarding impacts to navigation, and those comments and
concerns have been readily and satisfactorily resolved.
Notifications will be made to the local maritime community through
the Local Notice to Mariners well in advance of the Air Show and Swim.
No new or additional restrictions will be imposed on vessel traffic.
2. Impact on 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 proposed rule would affect the following
entities, some of which might be small entities: owners or operators of
vessels intending to transit, fish, or anchor in the area of the events
listed in sections 6.2 or 7.12 of the Table to 33 CFR 165.173.
The proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: The Air
Show would still be limited to only a single three-day weekend period
(Friday, Saturday, and Sunday) during the entire eligible period (May,
June, July as proposed herein), and the Air Show has occurred annually
for many years with no negative public comments or concerns regarding
impacts to navigation. The Swim would still be limited to a single
Saturday or Sunday during the entire eligible period (June, July,
August as proposed herein), and the Swim has occurred annually for many
years with few negative public comments or concerns regarding impacts
to navigation, and those comments and concerns have been readily and
satisfactorily resolved.
Notifications will be made to the local maritime community through
the Local Notice to Mariners well in advance of the Air Show and Swim.
No new or additional restrictions will be imposed on vessel traffic.
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.
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 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 the person listed under FOR
FURTHER INFORMATION CONTACT. The Coast Guard will not
[[Page 19304]]
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
4. 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).
5. 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.
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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. 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.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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 appears to be
one of a category of actions which do not individually or cumulatively
have a significant effect on the human environment. This proposed rule
involves the modification of a safety zone. This proposed 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 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
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, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Amend Table Sec. 165.173 as follows:
0
a. Add a new category entitled ``5.0 MAY'' below the category ``1.0 365
DAY JANUARY-DECEMBER'' and above the category ``6.0 JUNE'';
0
b. Redesignate item 6.2, ``RI National Guard Air Show'' as item 5.1,
and locate it beneath the category ``5.0 MAY'';
0
c. Redesignate item 7.12 ``Swim Buzzards Bay'' as item 6.2, and locate
it below item 6.1 ``Oak Bluffs Summer Solstice.''
0
d. Amend the entry for ``Date'' in newly redesignated item 5.1, ``RI
Air National Guard Air Show''; and
0
e. Amend the entry for ``Date'' in newly redesignated item 6.2 ``Swim
Buzzards Bay.''
The revisions and additions read as follows:
Sec. 165.173 Safety Zones for annually recurring marine events held
in Coast Guard Southeastern New England Captain of the Port Zone.
* * * * *
Table to Sec. 165.173
------------------------------------------------------------------------
------------------------------------------------------------------------
1.0 365 DAY JANUARY-DECEMBER
* * * * * * *
5.0 MAY
------------------------------------------------------------------------
[[Page 19305]]
5.1 RI National Guard Air Event Type: Air Show.
Show.
Date: One weekend (Friday,
Saturday, and Sunday) in May, June, or
July, as announced in the local Notice
to Mariners.
Time: Approximately 9:00 a.m. to
7:00 p.m.
Location: (1) All waters over
the West Passage of Narragansett Bay, in
the vicinity of the Quonset State
Airport, North Kingston, RI which are
within a 4000-yard radius arc extending
from position 41[deg]35'44'' N,
071[deg]24'14'' W (NAD 83); and (2) All
waters over the West Passage of
Narragansett Bay, in the vicinity of
Narragansett Pier, Narragansett, RI,
which are within a 2000-yard radius arc
extending from position 41[deg]26'17''
N, 071[deg]27'02'' W (NAD 83) (Friday
only).
Safety Zone Dimension:
Approximately 1000 yards long by 1000
yards wide.
6.0 JUNE
------------------------------------------------------------------------
* * * * * * *
6.2 Swim Buzzards Bay........ Event Type: Swim Event.
Date: One Saturday or Sunday in
June, July, or August, as announced in
the local Notice to Mariners.
Location: The regulated area
includes all waters in the vicinity of
the Outer New Bedford Harbor, within 500
yards along a centerline with an
approximate start point of
41[deg]36'35'' N, 070[deg]54'18'' W (NAD
83) and an approximate end point of
41[deg]37'26'' N, 070[deg]53'48'' W (NAD
83) at Davy's Locker Restaurant in New
Bedford, MA, to Fort Phoenix Beach in
Fairhaven, MA.
Safety Zone Dimension: 500 yards
on either side of the centerline
described above.
* * * * * * *
------------------------------------------------------------------------
Dated: March 5, 2014.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2014-07833 Filed 4-7-14; 8:45 am]
BILLING CODE 9110-04-P
