Safety Zone; Delaware River, Big Timber Creek, Westville, NJ, 27507-27510 [2010-11655]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules
document above, CPSC has identified 58
suppliers of hand-held hair dryers to the
U.S. consumer market which provide
products listed to the UL standard.
Three large firms supply approximately
92% of the U.S. market share.
According to the Small Business
Administration Size Standards, these
three firms are not small businesses.
According to the UL Online
Certifications Directory and the Intertek
ETL Listed Mark Products Directory,
these three firms plus an additional 55
firms are UL listed to produce
complying hair dryers. All but one of
these 55 firms appears to be a small
business. Thus, the overwhelming
majority of hair dryers sold in the
United States are already UL listed.
Since the majority of businesses (both
large and small) are already in
compliance with the voluntary
standard, the proposed rule is not
expected to pose a significant burden to
small business. Therefore, the
Commission certifies that, in accordance
with section 605 of the RFA, the rule,
if promulgated, will not have a
significant economic impact on a
substantial number of small entities.
I. Environmental Considerations
A rule determining that hand-held
hair dryers without immersion
protection in accordance with UL 859 or
UL 1727 present a substantial product
hazard is not expected to have an
adverse impact on the environment and
is considered to be a ‘‘categorical
exclusion’’ for the purposes of the
National Environmental Policy Act
according to the CPSC regulations that
cover its ‘‘environmental review’’
procedures (16 CFR 1021.5(c)(1)).
mstockstill on DSKH9S0YB1PROD with PROPOSALS
J. Paperwork Reduction Act
This proposed rule would not impose
any information collection
requirements. Accordingly, this rule is
not subject to the Paperwork Reduction
Act, 44 U.S.C. 3501–3520.
K. Effective Date
The proposed effective date of Part
1120, which declares that any held-held
hair dryer without immersion
protection, as specified in UL 859 or UL
1727, is a substantial product hazard, is
30 days from issuance of any final
regulation in the Federal Register. Thus,
it would apply to hand-held hair dryers
imported or introduced into commerce
30 days or more after publication of any
final rule in the Federal Register.
L. Preemption
The proposed rule would place handheld hair dryers without integral
immersion protection on a list of
VerDate Mar<15>2010
17:12 May 14, 2010
Jkt 220001
27507
products that present a substantial
product hazard. The proposed rule does
not establish a consumer product safety
standard. The preemption provisions in
section 26(a) of the CPSA, 15 U.S.C.
2075(a), apply when a consumer
product safety standard is in effect.
Therefore, section 26(a) of the CPSA
would not apply to this rule.
commerce, the severity of the risk, or
otherwise) creates a substantial risk of
injury to the public.
(b) Hand-held hair dryer means an
electrical appliance, intended to be held
with one hand during use, which
creates a flow of air over or through a
self-contained heating element for the
purpose of drying hair.
M. Request for Comments
The Commission invites interested
persons to submit their comments to the
Commission on any aspect of the
proposed rule. Comments should be
submitted as provided in the
instructions in the ADDRESSES section at
the beginning of this notice.
§ 1120.3
List of Subjects in 16 CFR Part 1120
Administrative practice and
procedure, Consumer protection,
Household appliances, Imports,
Incorporation by reference.
Therefore, the Commission proposes
to amend Title 16 of the Code of Federal
Regulations by adding part 1120 to read
as follows:
PART 1120—SUBSTANTIAL PRODUCT
HAZARD LIST
Sec.
1120.1
1120.2
1120.3
Authority
Definitions
Substantial product hazard list
Authority: 15 U.S.C. 2064(j).
§ 1120.1
Authority.
Under the authority of section 15(j) of
the Consumer Product Safety Act
(CPSA), the Commission determines
that consumer products or classes of
consumer products listed in § 1120.3
have characteristics whose existence or
absence presents a substantial product
hazard under section 15(a)(2) of the
CPSA. The Commission has determined
that the listed products have
characteristics that are readily
observable and have been addressed by
a voluntary standard, that the voluntary
standard has been effective, and that
there is substantial compliance with the
voluntary standard. The listed products
are subject to the reporting requirements
of section 15(b) of the CPSA and to the
recall provisions of section 15(c) and (d)
of the CPSA, and shall be refused entry
into the United States under section
17(a)(4) of the CPSA.
§ 1120.2
Frm 00052
Fmt 4702
Dated: May 11, 2010.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2010–11624 Filed 5–14–10; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0349]
Definitions.
The definitions in section 3 of the
Consumer Product Safety Act (15 U.S.C.
2052) apply to this part 1120.
(a) Substantial product hazard means
a product defect which (because of the
pattern of defect, the number of
defective products distributed in
PO 00000
Substantial product hazard list.
The following products or class of
products shall be deemed to be
substantial product hazards under
section 15(a)(2) of the CPSA.
(a) Hand-held hair dryers that do not
provide integral immersion protection
in compliance with the requirements of
section 5 of Underwriters Laboratories
(UL) Standard for Safety for Household
Electric Personal Grooming Appliances,
UL 859–2007, 10th Edition, approved
March 21, 2007, or section 6 of UL
Standard for Safety for Commercial
Electric Personal Grooming Appliances,
UL 1727, 4th Edition, approved March
25, 1999. The Director of the Federal
Register approves these incorporations
by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain a copy from UL, Inc., 333
Pfingsten Road, Northbrook, IL 60062.
You may inspect a copy at the Office of
the Secretary, U.S. Consumer Product
Safety Commission, Room 502, 4330
East West Highway, Bethesda, MD
20814, telephone 301–504–7923, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
(b) [Reserved]
Sfmt 4702
RIN 1625–AA08
Safety Zone; Delaware River, Big
Timber Creek, Westville, NJ
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
E:\FR\FM\17MYP1.SGM
17MYP1
27508
Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules
SUMMARY: The Coast Guard proposes to
establish a temporary Safety Zone
during the ‘‘Westville Parade of Lights,’’
an annual event held annually on the
last Saturday in June with a rain date of
the first Saturday in July. This Safety
Zone is necessary to provide for the
safety of life on navigable waters during
the event. This action is intended to
temporarily restrict vessel traffic in the
regulated area within Big Timber Creek.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 16, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
XXXX–XXXX using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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.
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.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Ensign Gary George,
Coast Guard; telephone 215–271–4851,
e-mail gary.e.george@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:
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.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–XXXX–XXXX),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
VerDate Mar<15>2010
17:12 May 14, 2010
Jkt 220001
suggestion or recommendation. You
may submit your comments and
material online (via 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 via https://
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 e-mail
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, 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–XXXX–XXXX’’ 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 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.
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, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–XXXX–
XXXX’’ 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
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
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 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.
Background and Purpose
Annually on the last Saturday of June,
the Borough of Westville and Westville
Power Boat will sponsor the ‘‘Parade of
Lights.’’ There will be a boat parade
from the Route 130 Bridge to the
Delaware River entrance in Big Timber
Creek along with a fireworks display
launched from land with a fallout area
extending over the navigable waters of
Big Timber Creek in the vicinity of
Westville, New Jersey. Due to the need
for vessel control during the event,
vessel traffic will be temporarily
restricted to provide for the safety of
spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish
a safety zone on Big Timber Creek in
Westville, NJ, encompassing all waters
from the Route 130 Bridge to the
entrance of the Delaware River,
shoreline to shoreline. The safety zone
will be in effect from 8 p.m. to 11 p.m.
on the last Saturday in June. The effect
will be to restrict general navigation in
the regulated area during the boat
parade and fireworks display. Except for
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area during the
enforcement period. The Patrol
Commander will notify the public of
specific enforcement times by Marine
Radio Safety Broadcast. These
regulations are needed to control vessel
traffic during the event to enhance the
safety of spectators and transiting
vessels.
Regulatory Evaluation
This proposed 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
E:\FR\FM\17MYP1.SGM
17MYP1
Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules
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 restricts
vessel traffic from transiting a portion of
Big Timber Creek near Westville, New
Jersey, the effect of this regulation will
not be significant due to the limited
duration that the regulated area will be
in effect and the extensive advance
notifications that will be made to the
maritime community via marine
information broadcasts and area
newspapers so mariners can adjust their
plans accordingly.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
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: the owners or operators of
vessels intending to transit a portion of
Big Timber Creek in the vicinity of
Westville, New Jersey during the event.
This proposed rule will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. The rule will be
in effect for only a short period, from 8
p.m. to 11 p.m. on the last Saturday in
June, annually. Before the enforcement
period, we will issue maritime
advisories so mariners can adjust their
plans accordingly.
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.
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.
VerDate Mar<15>2010
17:12 May 14, 2010
Jkt 220001
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, 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.
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.
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 the address
listed under ADDRESSES. 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
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
27509
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,
E:\FR\FM\17MYP1.SGM
17MYP1
27510
Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules
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.
requirements, Security measures,
Waterways.
ENVIRONMENTAL PROTECTION
AGENCY
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
40 CFR Part 52
PART 165—PART 165–REGULATED
NAVIGATION AREAS AND LIMITED
ACCESS AREAS
Technical Standards
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
Approval and Promulgation of Air
Quality Implementation Plans; State of
West Virginia; Section 110(a)(2)
Infrastructure Requirements for the
1997 8-Hour Ozone and the 1997 and
2006 Fine Particulate Matter National
Ambient Air Quality 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.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
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 the creation of a safety zone
and is categorically excluded from
further analysis under exemption 34(g)
of the Instruction. 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
VerDate Mar<15>2010
17:12 May 14, 2010
Jkt 220001
1. The authority citation for part 165
continues to read as follows:
2. Add § 165.T05–0349 to read as
follows:
§ 165.T05–0349, Safety Zone; Big Timber
Creek, Westville, New Jersey.
(a) Regulated area: The waters of the
Big Timber Creek in Westville Boro,
Gloucester County, New Jersey, from the
Route 130 Bridge to the entrance of the
Delaware River.
(b) Definitions:
(1) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the Coast Guard who has
been designated by the Commander,
Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Delaware Bay with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(c) Safety Zone: (1) Except for persons
or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
may enter or remain in the regulated
area.
(2) The operator of any vessel in the
regulated area shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol.
(ii) Proceed as directed by any Official
Patrol.
(d) Enforcement Period. This section
will be enforced annually from 8 p.m.
to 11 p.m. on the last Saturday in June
with a rain date of the first Saturday in
July.
Dated: April 29, 2010.
M.L. Austin,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
[FR Doc. 2010–11655 Filed 5–14–10; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
[EPA–R03–OAR–2010–0157; FRL–9151–9]
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
submittals from the State of West
Virginia pursuant to the Clean Air Act
(CAA) sections 110(k)(2) and (3). These
submittals address the infrastructure
elements specified in the CAA section
110(a)(2), necessary to implement,
maintain, and enforce the 1997 8-hour
ozone and fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS) and the 2006 PM2.5 NAAQS.
This proposed action is limited to the
following infrastructure elements which
were subject to EPA’s completeness
findings pursuant to CAA section
110(k)(1) for the 1997 8-hour ozone
NAAQS dated March 27, 2008 and the
1997 PM2.5 NAAQS dated October 22,
2008: 110(a)(2)(A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M), or
portions thereof.
DATES: Written comments must be
received on or before June 16, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0157 by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: fernandez.cristina@epa.gov.
• Mail: EPA–R03–OAR–2010–0157,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
• Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0157. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
E:\FR\FM\17MYP1.SGM
17MYP1
]]>Agencies
[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Proposed Rules]
[Pages 27507-27510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11655]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0349]
RIN 1625-AA08
Safety Zone; Delaware River, Big Timber Creek, Westville, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
[[Page 27508]]
SUMMARY: The Coast Guard proposes to establish a temporary Safety Zone
during the ``Westville Parade of Lights,'' an annual event held
annually on the last Saturday in June with a rain date of the first
Saturday in July. This Safety Zone is necessary to provide for the
safety of life on navigable waters during the event. This action is
intended to temporarily restrict vessel traffic in the regulated area
within Big Timber Creek.
DATES: Comments and related material must be received by the Coast
Guard on or before June 16, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
XXXX-XXXX using any one of the following methods:
(1) Federal eRulemaking Portal: https://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.
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 e-mail Ensign Gary George, Coast Guard; telephone 215-
271-4851, e-mail gary.e.george@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:
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.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-XXXX-XXXX), 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 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 via https://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 e-mail 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,
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-XXXX-XXXX'' 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 https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-XXXX-XXXX'' 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 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.
Background and Purpose
Annually on the last Saturday of June, the Borough of Westville and
Westville Power Boat will sponsor the ``Parade of Lights.'' There will
be a boat parade from the Route 130 Bridge to the Delaware River
entrance in Big Timber Creek along with a fireworks display launched
from land with a fallout area extending over the navigable waters of
Big Timber Creek in the vicinity of Westville, New Jersey. Due to the
need for vessel control during the event, vessel traffic will be
temporarily restricted to provide for the safety of spectators and
transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish a safety zone on Big Timber
Creek in Westville, NJ, encompassing all waters from the Route 130
Bridge to the entrance of the Delaware River, shoreline to shoreline.
The safety zone will be in effect from 8 p.m. to 11 p.m. on the last
Saturday in June. The effect will be to restrict general navigation in
the regulated area during the boat parade and fireworks display. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area during
the enforcement period. The Patrol Commander will notify the public of
specific enforcement times by Marine Radio Safety Broadcast. These
regulations are needed to control vessel traffic during the event to
enhance the safety of spectators and transiting vessels.
Regulatory Evaluation
This proposed 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
[[Page 27509]]
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 restricts vessel traffic from transiting a
portion of Big Timber Creek near Westville, New Jersey, the effect of
this regulation will not be significant due to the limited duration
that the regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts and area newspapers so mariners can adjust their
plans accordingly.
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: the owners or operators of vessels intending
to transit a portion of Big Timber Creek in the vicinity of Westville,
New Jersey during the event.
This proposed rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
rule will be in effect for only a short period, from 8 p.m. to 11 p.m.
on the last Saturday in June, annually. Before the enforcement period,
we will issue maritime advisories so mariners can adjust their plans
accordingly.
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.
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 proposed 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.
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.
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 the address listed under
ADDRESSES. 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,
[[Page 27510]]
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.
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 the creation of a safety zone and is categorically
excluded from further analysis under exemption 34(g) of the
Instruction. 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--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. 1226, 1231; 46 U.S.C. Chapter 701; 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T05-0349 to read as follows:
Sec. 165.T05-0349, Safety Zone; Big Timber Creek, Westville, New
Jersey.
(a) Regulated area: The waters of the Big Timber Creek in Westville
Boro, Gloucester County, New Jersey, from the Route 130 Bridge to the
entrance of the Delaware River.
(b) Definitions:
(1) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Delaware Bay with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(c) Safety Zone: (1) Except for persons or vessels authorized by
the Coast Guard Patrol Commander, no person or vessel may enter or
remain in the regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(d) Enforcement Period. This section will be enforced annually from
8 p.m. to 11 p.m. on the last Saturday in June with a rain date of the
first Saturday in July.
Dated: April 29, 2010.
M.L. Austin,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2010-11655 Filed 5-14-10; 8:45 am]
BILLING CODE 9110-04-P
