Safety Zones; Annually Recurring Marine Events in Coast Guard Southeastern New England Captain of the Port Zone, 5463-5470 [2012-2391]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules
ATF within the 90-day comment period.
The Director, however, reserves the
right to determine, in light of all
circumstances, whether a public hearing
is necessary.
adjustment for review and
consideration. * * *
Dated: January 30, 2012.
Eric H. Holder, Jr.,
Attorney General.
Disclosure
[FR Doc. 2012–2492 Filed 2–2–12; 8:45 am]
Copies of this proposed rule and the
comments received will be available for
public inspection by appointment
during normal business hours at: ATF
Reading Room, Room 1E–062, 99 New
York Avenue NE., Washington, DC
20226; telephone: (202) 648–8740.
BILLING CODE 4410–FY–P
Drafting Information
33 CFR Part 100 and 165
The author of this document is
Deborah G. Szczenski; Enforcement
Programs and Services; Bureau of
Alcohol, Tobacco, Firearms, and
Explosives.
[Docket No. USCG–2011–1026]
Administrative practice and
procedure, Arms and ammunition,
Authority delegations, Customs duties
and inspection, Domestic violence,
Exports, Imports, Law enforcement
personnel, Military personnel,
Nonimmigrant aliens, Penalties,
Reporting and recordkeeping
requirements, Research, Seizures and
forfeitures, and Transportation.
Authority and Issuance
Accordingly, for the reasons
discussed in the preamble, 27 CFR Part
478 is proposed to be amended as
follows:
PART 478—COMMERCE IN FIREARMS
AND AMMUNITION
1. The authority citation for 27 CFR
Part 478 continues to read as follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847,
921–930; 44 U.S.C. 3504(h).
2. Section 478.72 is amended by
adding a new fifth sentence to read as
follows:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Hearing after application denial.
* * * The hearing shall be informal
and the applicant will have the
opportunity to submit facts, arguments,
offers of settlement, or proposals of
adjustment for review and
consideration. * * *
3. Section 478.74 is amended by
adding a new fourth sentence to read as
follows:
§ 478.74 Request for hearing after notice
of suspension, revocation, or imposition of
civil fine.
* * * The hearing shall be informal
and the licensee will have the
opportunity to submit facts, arguments,
offers of settlement, or proposals of
VerDate Mar<15>2010
20:47 Feb 02, 2012
Jkt 226001
Coast Guard
RIN 1625–AA08; AA00
List of Subjects in 27 CFR Part 478
§ 478.72
DEPARTMENT OF HOMELAND
SECURITY
Safety Zones; Annually Recurring
Marine 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 special local regulations and to
establish permanent safety zones in
Coast Guard Southeastern New England
Captain of the Port (COTP) Zone for
annually recurring marine events. When
these safety zones are activated, and
subject to enforcement, this rule may
restrict vessels from portions of water
areas during annual events listed in the
TABLE below that may pose a hazard to
public safety. The revised safety zones
would expedite public notification of
events, remove extraneous and
discontinued marine events, add new
annually recurring marine events, and
ensure the protection of the maritime
public and event participants from the
hazards associated with marine regattas,
firework displays, swim competitions,
and other marine events.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 3, 2012. Requests for
public meetings must be received by the
Coast Guard on or before February 24,
2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–1026 using any one of the
following methods:
(1) Federal e-Rulemaking 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
SUMMARY:
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
5463
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.
If
you have questions on this proposed
rule, call or email Mr. Edward G.
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:
FOR FURTHER INFORMATION CONTACT:
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–2011–1026),
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 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, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
E:\FR\FM\03FEP1.SGM
03FEP1
5464
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–1026’’ 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–2011–
1026’’ 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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before February 24, 2012,
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C. 1225, 1226, 1231, 1233; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; Public Law 107–295,
116 Stat. 2064; and Department of
VerDate Mar<15>2010
20:47 Feb 02, 2012
Jkt 226001
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to define safety zones.
Many marine events are held annually
on a recurring basis on or over the
navigable waters within the Coast Guard
Southeastern New England COTP Zone.
These events include sailing regattas,
powerboat races, rowboat races,
parades, swim events, air shows, and
fireworks displays. In the past, the Coast
Guard has established special local
regulations, regulated areas, and safety
zones for these events on a case by case
basis to ensure the protection of the
maritime public and event participants
from the hazards associated with these
events. This proposed rule will
consistently apprise the public in a
timely manner through permanent
publication in Title 33 of the Code of
Federal Regulations. The Table in this
proposed regulation lists each annual
recurring event requiring a regulated
area as administered by the Coast
Guard.
By establishing permanent regulations
for these events, the Coast Guard will
eliminate the need to establish
temporary rules for events that occur on
an annual basis. Some of the events
discussed below are duplicated in 33
CFR 100.112, 100.113, 100.114 and
100.116, which are citations that no
longer meet the Coast Guard’s intended
purposes. While 33 CFR part 100 is
designed for Regattas and Marine
Parades, 33 CFR part 165 is for
Regulated Navigation Areas and Limited
Access Areas. The Coast Guard has
identified a number of events in 33 CFR
part 100 which would be more
appropriately located in 33 CFR part
165. This rulemaking will amend local
regulations for events already contained
in 33 CFR part 100 both to update event
information as well as to move
fireworks displays to Section 165, a
citation that better meets the Coast
Guard’s intended purpose of ensuring
safety during these events.
This rulemaking will eliminate seven
(7) extraneous and outdated marine
events which have either been
discontinued, or no longer require a
special local regulation due to the
absence of a viable marine hazard.
Elimination of these seven events will
prevent confusion amongst the public
who may be led to believe that these
events are still marine events recurring
on an annual basis. Their removal will
also promote regulatory efficiency by
eliminating unnecessary local
regulations which are no longer
enforced.
In addition, the Coast Guard has
promulgated safety zones or special
local regulations in the past for 17 of the
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
24 events listed in the TABLE, and has
not received public comments or
concerns regarding the impact to
waterway traffic from these annually
recurring events. The seven (7) new
annually recurring events now require
local regulations in order to ensure the
safety of both participants and
spectators, as the marine events may
pose unique hazards to waterways
navigation and safety.
The Coast Guard does not anticipate
any negative public comments regarding
these seven new annually recurring
marine events as these events have been
held on an annual basis for several years
now, in which local maritime
enforcement assets have established
‘‘safety perimeters’’ around the events,
similar to the proposed safety zones.
The Coast Guard has promulgated safety
zones or special local regulations for
these areas in the past, and has not
received public comments or concerns
regarding the impact to waterway traffic
from these annually recurring.
Discussion of Proposed Rule
The Coast Guard proposes to remove
sections 33 CFR 100.112, 100.113,
100.116, to revise section 33 CFR
100.114, and to add section 33 CFR
165.173. The proposed changes will
remove seven outdated marine events
and establish 24 permanent regulated
areas. The proposed rule will apply to
each recurring marine event listed in the
attached Table in the Coast Guard
Southeastern New England COTP Zone.
The Table provides the event name,
type, and approximate safety zone
dimensions as well as approximate
dates, times, and locations of the events.
The specific times, dates, regulated
areas and enforcement period for each
event will be provided through the
Local Notice to Mariners, Broadcast
Notice to Mariners or through a Notice
of Enforcement published in the Federal
Register.
Three event sponsors of fireworks
displays have requested the creation of
safety zones which may be enforced 365
days a year. The purpose of these 365
day safety zones is to permit sponsors
the flexibility to hold similar fireworks
displays at the same location on
different days and for different events
without the need of creating temporary
final rules. These three 365 day Safety
Zones can be found in section 1.0 in the
Table below.
The particular size of the safety zones
established for each event will be
reevaluated on an annual basis in
accordance with Navigational and
Vessel Inspection Circular (NVIC) 07–
02, Marine Safety at Firework Displays,
the National Fire Protection Association
E:\FR\FM\03FEP1.SGM
03FEP1
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules
Standard 1123, Code for Fireworks
Displays (100-foot distance per inch of
diameter of the fireworks mortars), and
other pertinent regulations and
publications.
This proposed regulation would
prevent vessels from transiting areas
specifically designated as safety zones
during the periods of enforcement to
ensure the protection of the maritime
public and event participants from the
hazards associated with listed annual
recurring events. Only event sponsors,
designated participants, and official
patrol vessels will be allowed to enter
safety zones and special local regulation
areas. Spectators and other vessels not
registered as event participants may not
enter the regulated areas without the
permission of the COTP or the COTP’s
designated representative.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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.
Executive Order 12866 and Executive
Order 13563
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: Vessels will
only be restricted from safety zones for
a short duration of time; vessels may
transit in all portions of the affected
waterway except for those areas covered
by the proposed regulated areas, and
vessels may enter or pass through the
affected waterway with the permission
of the COTP or the COTP’s
representative. The Coast Guard has
promulgated safety zones or special
local regulations in accordance with 33
CFR parts 100 and 165 for 17 of the
proposed 24 event areas in the past and
has not received notice of any negative
impact caused by any of the safety zones
or special local regulations. By
establishing a permanent regulation
containing all of these events, the Coast
Guard will eliminate the need to
establish individual temporary rules for
VerDate Mar<15>2010
20:47 Feb 02, 2012
Jkt 226001
each separate event that occurs on an
annual basis, thereby limiting the costs
of cumulative regulations.
Notifications will be made to the local
maritime community through the Local
Notice to Mariners well in advance of
the events. If the event does not have a
date listed, then the exact dates and
times of the enforcement period will be
announced through a Notice of
Enforcement in the Federal Register. No
new or additional restrictions will be
imposed on vessel traffic.
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 areas where the
listed annual recurring events are being
held.
The proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: Vessels will only
be restricted from safety zones for a
short duration of time; vessels may
transit in portions of the affected
waterway except for those areas covered
by the proposed regulated areas; and
vessels may enter or pass through the
affected waterway with the permission
of the COTP or the COTP’s
representative. The Coast Guard has
promulgated safety zones or special
local regulations in accordance with 33
CFR parts 100 and 165 for all event
areas in the past and has not received
notice of any negative impact caused by
any of the safety zones or special local
regulations; and notifications will be
made to the local maritime community
through the Local Notice to Mariners
well in advance of the events. If the
event does not have a date listed, then
exact dates and times of the
enforcement period will be announced
through a Notice of Enforcement in the
Federal Register. No new or additional
restrictions would be imposed on vessel
traffic.
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
5465
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 person
listed under FOR FURTHER INFORMATION
CONTACT. 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
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
E:\FR\FM\03FEP1.SGM
03FEP1
5466
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules
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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272) 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
VerDate Mar<15>2010
20:47 Feb 02, 2012
Jkt 226001
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 appears to be one of a
category of actions which 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
establishment of safety zones for
fireworks displays, swim events and
other marine events. It appears that this
action will qualify for Coast Guard
Categorical Exclusions (34) (g) and (h),
as described in figure 2–1 of the
Commandant 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
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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 parts 100 and 165 as
follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
§§ 100.112, 100.113, 100.116
[Removed]
2. Remove §§ 100.112, 100.113, and
100.116
3. Remove the following entries in the
‘‘Fireworks Display Table’’ in § 100.114
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
(along with the associated
‘‘Massachusetts ’’ and ‘‘Rhode Island’’
titles) as follows: 7.16, 7.18, 7.19, 7.20,
7.21, 7.22, 7.23, 7.24, 7.25, 7.26, 7.27,
7.28, 7.38, 8.2, 8.5, 9.4, 10.1, 12.2, 12.3,
and 12.5.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
4. 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.
5. Add a new § 165.173 to read as
follows:
§ 165.173 Safety Zones for Annually
Recurring Marine Events held in Coast
Guard Sector Southeastern New England
Captain of the Port Zone.
(a) Regulations.
The general regulations contained in
33 CFR 165.23 as well as the following
regulations apply to the fireworks
displays and swim events listed in the
Table to § 165.173. These regulations
may be enforced for the duration of each
event.
Notifications will be made to the local
maritime community through the Local
Notice to Mariners well in advance of
the events. If the event does not have a
date listed, then exact dates and times
of the enforcement period will be
announced through a Notice of
Enforcement in the Federal Register.
Note to introductory paragraph of
§ 165.173: Although listed in the Code of
Federal Regulations, sponsors of events listed
in the Table shall submit an application each
year in accordance with 33 CFR 100.15.
(b) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port, Sector Southeastern New England
(COTP), to act on his or her behalf. The
designated representative may be on an
official patrol vessel or may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
E:\FR\FM\03FEP1.SGM
03FEP1
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules
(c) The Coast Guard may patrol each
event area under the direction of a
designated Coast Guard Patrol
Commander. The Patrol Commander
may be contacted on Channel 16 VHF–
FM (156.8 MHz) by the call sign
‘‘PATCOM.’’ The ‘‘official patrol
vessels’’ may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the Captain of the Port,
Sector Southeastern New England.
(d) Vessels may not transit the
regulated areas without Patrol
Commander approval. Vessels permitted
to transit must operate at a no wake
speed, in a manner which will not
endanger participants or other crafts in
the event.
(e) Spectators or other vessels shall
not anchor, block, loiter, or impede the
movement of event participants or
official patrol vessels in the regulated
areas during the effective dates and
times, or dates and times as modified
through a Notice of Enforcement
published in the Federal Register,
unless authorized by an official patrol
vessel.
(f) The Patrol Commander may
control the movement of all vessels in
the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the lawful directions
5467
issued. Failure to comply with a lawful
direction may result in expulsion from
the area, citation for failure to comply,
or both.
(g) The Patrol Commander may delay
or terminate any event in this subpart at
any time to ensure safety. Such action
may be justified as a result of weather,
traffic density, spectator operation or
participant behavior.
(h) For all fireworks displays listed
below, the regulated area is that area of
navigable waters within the specified
radius of the launch platform or launch
site for each fireworks display, unless
modified later in a Notice of
Enforcement published in the Federal
Register.
TABLE TO § 165.173
1.0
365 DAY JANUARY–DECEMBER
1.1
Provincetown Fireworks .............................
• Event Type: Fireworks Display.
• Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Register.
• Time: Approximately 5 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of the Provincetown Harbor, Provincetown, MA.
• Position: Within 500 yards of 41°28′44″ N, 070°10′83″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.
1.2
Providence Fireworks .................................
• Event Type: Fireworks Display.
• Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Register.
• Time: Approximately 5 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of the Hurricane Barrier in the Providence River, Providence, RI.
• Position: Within 500 yards of 41°48′50″ N, 071°23′43″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.
1.3
Fall River Fireworks ...................................
• Event Type: Fireworks Display.
• Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Register.
• Time: Approximately 5 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Battleship Cove, Fall River, MA.
• Position: Within 500 yards of 41°42′37″ N, 071°09′53″ W (NAD 83).
• Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.
6.0
JUNE
Oak Bluffs Summer Solstice ......................
•
•
•
•
•
•
6.2
mstockstill on DSK4VPTVN1PROD with PROPOSALS
6.1
RI National Guard Air Show ......................
•
•
•
•
Event Type: Fireworks Display.
Date: One night on the 3rd or 4th weekend of June.
Time: Approximately 8 p.m. to 11:59 p.m.
Location: From a barge in the vicinity of Town Beach, Oak Bluffs, MA.
Position: Within 500 yards of 41°27′19″ N, 070°33′08″ W (NAD 83).
Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.
Event Type: Air Show.
Date: One weekend (Friday, Saturday, and Sunday) in June or July.
Time: Approximately 9 a.m. to 7 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.
7.0
7.1
JULY
Marion 4th of July Fireworks ......................
VerDate Mar<15>2010
20:47 Feb 02, 2012
Jkt 226001
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
E:\FR\FM\03FEP1.SGM
03FEP1
5468
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules
TABLE TO § 165.173—Continued
• Location: From a barge in the vicinity of Outer Sipican Harbor, Marion, MA.
• Position: Within 500 yards of 41°42′17″ N, 070°45′08″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.
7.2
Oyster Harbors July 4th Festival ...............
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Tim’s Cove, North Bay, Osterville, MA.
• Position: Within 500 yards of 41°37′29″ N, 070°25′12″ W (NAD 83).
• Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.
7.3
North Kingstown Fireworks Display ...........
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Town Beach, North Kingston, RI.
• Position: Within 500 yards of 41°33′59″ N, 071°26′23″ W (NAD 83).
• Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.
7.4
Falmouth Fireworks ....................................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Falmouth Beach, Falmouth, MA.
• Position: Within 500 yards of 41°32′27″ N, 070°35′26″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.
7.5
Town of Nantucket Fireworks ....................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Jetties Beach, Nantucket Sound, MA.
• Position: Within 500 yards of 41°19′00″ N, 070°06′30″ W (NAD 83).
• Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.
7.6
City of Newport 4th of July Fireworks ........
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: From the shore in the vicinity of Fort Adams, Newport, RI.
• Position: Within 500 yards of 41°28′49″ N, 071°20′12″ W (NAD 83).
• Safety Zone Dimension: Approximately 350 yard radius circle around the launch site.
• Event Type: Fireworks Display.
7.8 Edgartown 4th of July Fireworks Celebration.
• Event Type: Fireworks Display.
7.9
mstockstill on DSK4VPTVN1PROD with PROPOSALS
7.7 Town of Barnstable/Hyannis July 4th Fireworks.
City of New Bedford Fireworks Display .....
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of New Bedford Harbor, New Bedford, MA.
• Approximate position: Within 500 yards of 41°37′55″ N, 070°54′44″ W (NAD 83).
• Safety Zone Dimension: Approximately 250 yard radius circle around the fireworks barge.
7.10
Onset Fireworks .......................................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: On the shore, in the vicinity of Shellpoint Beach, Onset, MA.
VerDate Mar<15>2010
20:47 Feb 02, 2012
Jkt 226001
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Lewis Bay, Hyannis, MA.
• Position: Within 500 yards of 41°38′20″ N, 070°15′08″ W (NAD 83).
• Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks barge.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Edgartown Outer Harbor, Edgartown, MA.
• Approximate position: Within 500 yards of 41°22′39″ N, 070°30′14″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
E:\FR\FM\03FEP1.SGM
03FEP1
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules
5469
TABLE TO § 165.173—Continued
• Approximate position: Within 500 yards of 41°44′13″ N, 070°39′51″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch
site.
7.11
Bristol 4th of July Fireworks .....................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners.
• Time: Approximately 8 p.m. to 11:59 p.m.
• Location: In the vicinity of Northern portion of the Bristol Harbor, Bristol, RI, on the section of
Poppasquash Rd separating the harbor and Mill Pond.
• Position: Within 500 yards of 41°40′53.4″ N, 071°17′00″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch
site.
7.12
Swim Buzzards Bay .................................
• Event Type: Swim Event.
• Date: One Saturday or Sunday in July or August, as announced in the Local Notice to Mariners.
• Time: Start times will vary from 6 a.m. to 11:59 a.m., and last approximately two hours until
the last swimmer is ashore. Start time will be announced in advance 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.
7.13
Save the Bay Swim ..................................
• Event Type: Swim Event.
• Date: One Saturday or Sunday in July or August, as announced in the Local Notice to Mariners.
• Time: Start time will vary from 6 a.m. to 11:59 a.m. and last for approximately four hours,
until the last swimmer is ashore. Start time will be announced in advance in the Local Notice
to Mariners.
• Location: The regulated area includes all waters in the vicinity of the Newport/Pell Bridge,
East Passage of Narragansett Bay, along a centerline with an approximate start point of
41°30′24″N, 071°19′49″ W (NAD 83) and an approximate end point of 41°30′39″ N,
071°21′50″ W (NAD 83), i.e., a line drawn from the Officers’ Club, Coaster’s Harbor Island,
Naval Station Newport, to Potter Cove, Jamestown.
• Safety Zone Dimension: 500 yards on either side of the centerline described above.
8.0
AUGUST
8.1
Boston Pops Nantucket .............................
•
•
•
•
•
•
Event Type: Fireworks Display.
Date: One night in August as announced in the Local Notice to Mariners.
Time: Approximately 8 p.m. to 11:59 p.m.
Location: On the shore, in the vicinity of Jetties Beach, Nantucket, MA.
Position: Within 500 yards of 41°17′43″ N, 070°06′10″ W (NAD 83).
Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks barge.
8.2
Oak Bluffs Fireworks ..................................
•
•
•
•
•
•
Event Type: Fireworks Display.
Date: One night in August.
Time: Approximately 8 p.m. to 11:59 p.m.
Location: From a barge in the vicinity of Oak Bluffs Harbor, Oak Bluffs, MA.
Position: Within 500 yards of 41°27′27″ N, 070°33′17″ W (NAD 83).
Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks barge.
8.3
Newport Salute to Summer Fireworks .......
•
•
•
•
•
•
Event Type: Fireworks Display.
Date: One night during the last two weekends in August or 1st weekend in September.
Time: Approximately 8 p.m. to 11:59 p.m.
Location: From a barge in the vicinity of Naval Station Newport, Newport, RI.
Position: Within 500 yards of 41°30′15″ N, 071°19′50″ W (NAD 83).
Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks barge.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
9.0
SEPTEMBER
9.1
Provincetown Harbor Swim for Life ...........
•
•
•
•
9.2
Spirit of Somerset Celebration ...................
• Event Type: Fireworks Display.
VerDate Mar<15>2010
20:47 Feb 02, 2012
Jkt 226001
Event Type: Swim Event.
Date: On a day in September as announced in the Local Notice to Mariners.
Time: Times will vary from 10 a.m. until the last swimmer is ashore, no later than 2 p.m.
Location: The regulated area includes all waters in the vicinity of the Provincetown Harbor
along a centerline between the start point, the Long Point Lighthouse. approximate position
42°01′59″ N, 070°10′07″ W (NAD 83), and the end point, the Boatslip Resort, Provincetown,
MA., approximate position 42°02′48″ N, 070°11′24″ W (NAD 83).
• Safety Zone Dimension: 250 yards on either side of the centerline described above.
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
E:\FR\FM\03FEP1.SGM
03FEP1
5470
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules
TABLE TO § 165.173—Continued
•
•
•
•
•
Date: One night in September, as announced in the Local Notice to Mariners.
Time: Approximately 8 p.m. to 11:59 p.m.
Location: On the shore, in the vicinity of Mallard Point, Somerset, MA.
Position: Within 500 yards of 41°46′18″ N, 071°07′14″ W (NAD 83).
Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks launch
site.
10.0
10.1
OCTOBER
Yarmouth Seaside Festival Fireworks .....
Dated: January 3, 2012.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England.
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 111
Periodicals—Recognition of
Distribution of Periodicals via
Electronic Copies
Postal ServiceTM.
ACTION: Proposed rule.
AGENCY:
The Postal Service proposes
to revise the Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®) 707.6, to allow
publishers who use electronic
distribution methods to report such
circulation as paid or requested
distribution, as applicable.
DATES: We must receive your comments
on or before March 5, 2012. Early
comments are encouraged.
ADDRESSES: Mail or deliver written
comments to the Manager, Product
Classification, U.S. Postal Service®, 475
L’Enfant Plaza SW., Room 4446,
Washington, DC 20260–5015. You may
inspect and photocopy all written
comments at USPS® Headquarters
Library, 475 L’Enfant Plaza SW., 11th
Floor N, Washington, DC by
appointment only between the hours of
9 a.m. and 4 p.m., Monday through
Friday by calling 1–202–268–2906 in
advance. Email comments, containing
the name and address of the commenter,
may be sent to: Product
Classification@usps.gov, with a subject
line of ‘‘epublications.’’ Faxed
comments are not accepted.
FOR FURTHER INFORMATION CONTACT:
Susan Thomas at (202) 268–8069.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
VerDate Mar<15>2010
20:47 Feb 02, 2012
Jkt 226001
Event Type: Fireworks Display.
Date: One night in October, as announced in the Local Notice to Mariners.
Time: Approximately 7 p.m. to 11:59 p.m.
Location: On the shore, in the vicinity of Seagull Beach, West Yarmouth, MA.
Position: Within 500 yards of 41°38′06″ N, 070°13′13″ W (NAD 83).
Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch
site.
Recent
advances in technology allow
distribution of Periodicals publications
through various electronic media
channels. According to the standards
that govern the Periodicals class, all
paid circulation for publications
authorized in the General category, and
all requested circulation for
publications authorized in the
Requestor category may be counted
toward the publication’s eligibility for
Periodicals prices.
Efforts to identify the conditions that
would allow electronic copies of
Periodicals (e-pubs) to be counted with
other distribution outside the mails
have been ongoing for the past two
years. During that time, the transition
from traditional printed copies of
Periodicals to electronic copies of the
same publications has grown. Many
factors contributed to this migration
including the proliferation of electronic
reading devices and the desire of
subscribers to read news immediately
upon publication.
The proposed effective date is
September 30, 2012.
Although we are exempt from the
notice and comment requirements of the
Administrative Procedure Act [5 U.S.C.
of 553(b), (c)] regarding proposed
rulemaking by 39 U.S.C. 410(a), we
invite public comments on the
following proposed revisions to Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
6.4
Requester Publications
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR part 111 is
proposed to be amended as follows:
*
*
SUPPLEMENTARY INFORMATION:
[FR Doc. 2012–2391 Filed 2–2–12; 8:45 am]
SUMMARY:
•
•
•
•
•
•
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
PO 00000
Frm 00056
Fmt 4702
Sfmt 4702
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
*
700
Special Standards
*
*
707
Periodicals
*
*
*
*
*
6.0
Qualification Categories
6.1
General Publication
*
*
*
*
*
*
*
*
6.1.2 Circulation Standards
General publications must meet these
circulation standards:
*
*
*
*
*
[Revise the first sentence in item
6.1.2c as follows:]
Persons whose subscriptions are
obtained at a nominal price and those
whose copies bear an alternative form of
address (except as allowed for electronic
copies in 6.5) must not be included in
the legitimate list of subscribers. * * *
*
*
*
*
*
*
*
*
6.4.2 Circulation Standards
Requester publications must meet
these circulation standards:
*
*
*
*
*
[Revise the second sentence in 6.4.2e
as follows:]
e. * * * Copies addressed using an
alternative address format (except as
E:\FR\FM\03FEP1.SGM
03FEP1
]]>Agencies
[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Proposed Rules]
[Pages 5463-5470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2391]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100 and 165
[Docket No. USCG-2011-1026]
RIN 1625-AA08; AA00
Safety Zones; Annually Recurring Marine 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 special local regulations
and to establish permanent safety zones in Coast Guard Southeastern New
England Captain of the Port (COTP) Zone for annually recurring marine
events. When these safety zones are activated, and subject to
enforcement, this rule may restrict vessels from portions of water
areas during annual events listed in the TABLE below that may pose a
hazard to public safety. The revised safety zones would expedite public
notification of events, remove extraneous and discontinued marine
events, add new annually recurring marine events, and ensure the
protection of the maritime public and event participants from the
hazards associated with marine regattas, firework displays, swim
competitions, and other marine events.
DATES: Comments and related material must be received by the Coast
Guard on or before April 3, 2012. Requests for public meetings must be
received by the Coast Guard on or before February 24, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-1026 using any one of the following methods:
(1) Federal e-Rulemaking 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 email Mr. Edward G. 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:
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-2011-1026), 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 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu
[[Page 5464]]
select ``Proposed Rule'' and insert ``USCG-2011-1026'' 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-2011-1026'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before February 24, 2012, using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C. 1225, 1226,
1231, 1233; 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.
Many marine events are held annually on a recurring basis on or
over the navigable waters within the Coast Guard Southeastern New
England COTP Zone. These events include sailing regattas, powerboat
races, rowboat races, parades, swim events, air shows, and fireworks
displays. In the past, the Coast Guard has established special local
regulations, regulated areas, and safety zones for these events on a
case by case basis to ensure the protection of the maritime public and
event participants from the hazards associated with these events. This
proposed rule will consistently apprise the public in a timely manner
through permanent publication in Title 33 of the Code of Federal
Regulations. The Table in this proposed regulation lists each annual
recurring event requiring a regulated area as administered by the Coast
Guard.
By establishing permanent regulations for these events, the Coast
Guard will eliminate the need to establish temporary rules for events
that occur on an annual basis. Some of the events discussed below are
duplicated in 33 CFR 100.112, 100.113, 100.114 and 100.116, which are
citations that no longer meet the Coast Guard's intended purposes.
While 33 CFR part 100 is designed for Regattas and Marine Parades, 33
CFR part 165 is for Regulated Navigation Areas and Limited Access
Areas. The Coast Guard has identified a number of events in 33 CFR part
100 which would be more appropriately located in 33 CFR part 165. This
rulemaking will amend local regulations for events already contained in
33 CFR part 100 both to update event information as well as to move
fireworks displays to Section 165, a citation that better meets the
Coast Guard's intended purpose of ensuring safety during these events.
This rulemaking will eliminate seven (7) extraneous and outdated
marine events which have either been discontinued, or no longer require
a special local regulation due to the absence of a viable marine
hazard. Elimination of these seven events will prevent confusion
amongst the public who may be led to believe that these events are
still marine events recurring on an annual basis. Their removal will
also promote regulatory efficiency by eliminating unnecessary local
regulations which are no longer enforced.
In addition, the Coast Guard has promulgated safety zones or
special local regulations in the past for 17 of the 24 events listed in
the TABLE, and has not received public comments or concerns regarding
the impact to waterway traffic from these annually recurring events.
The seven (7) new annually recurring events now require local
regulations in order to ensure the safety of both participants and
spectators, as the marine events may pose unique hazards to waterways
navigation and safety.
The Coast Guard does not anticipate any negative public comments
regarding these seven new annually recurring marine events as these
events have been held on an annual basis for several years now, in
which local maritime enforcement assets have established ``safety
perimeters'' around the events, similar to the proposed safety zones.
The Coast Guard has promulgated safety zones or special local
regulations for these areas in the past, and has not received public
comments or concerns regarding the impact to waterway traffic from
these annually recurring.
Discussion of Proposed Rule
The Coast Guard proposes to remove sections 33 CFR 100.112,
100.113, 100.116, to revise section 33 CFR 100.114, and to add section
33 CFR 165.173. The proposed changes will remove seven outdated marine
events and establish 24 permanent regulated areas. The proposed rule
will apply to each recurring marine event listed in the attached Table
in the Coast Guard Southeastern New England COTP Zone. The Table
provides the event name, type, and approximate safety zone dimensions
as well as approximate dates, times, and locations of the events. The
specific times, dates, regulated areas and enforcement period for each
event will be provided through the Local Notice to Mariners, Broadcast
Notice to Mariners or through a Notice of Enforcement published in the
Federal Register.
Three event sponsors of fireworks displays have requested the
creation of safety zones which may be enforced 365 days a year. The
purpose of these 365 day safety zones is to permit sponsors the
flexibility to hold similar fireworks displays at the same location on
different days and for different events without the need of creating
temporary final rules. These three 365 day Safety Zones can be found in
section 1.0 in the Table below.
The particular size of the safety zones established for each event
will be reevaluated on an annual basis in accordance with Navigational
and Vessel Inspection Circular (NVIC) 07-02, Marine Safety at Firework
Displays, the National Fire Protection Association
[[Page 5465]]
Standard 1123, Code for Fireworks Displays (100-foot distance per inch
of diameter of the fireworks mortars), and other pertinent regulations
and publications.
This proposed regulation would prevent vessels from transiting
areas specifically designated as safety zones during the periods of
enforcement to ensure the protection of the maritime public and event
participants from the hazards associated with listed annual recurring
events. Only event sponsors, designated participants, and official
patrol vessels will be allowed to enter safety zones and special local
regulation areas. Spectators and other vessels not registered as event
participants may not enter the regulated areas without the permission
of the COTP or the COTP's designated representative.
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.
Executive Order 12866 and Executive Order 13563
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: Vessels will only be
restricted from safety zones for a short duration of time; vessels may
transit in all portions of the affected waterway except for those areas
covered by the proposed regulated areas, and vessels may enter or pass
through the affected waterway with the permission of the COTP or the
COTP's representative. The Coast Guard has promulgated safety zones or
special local regulations in accordance with 33 CFR parts 100 and 165
for 17 of the proposed 24 event areas in the past and has not received
notice of any negative impact caused by any of the safety zones or
special local regulations. By establishing a permanent regulation
containing all of these events, the Coast Guard will eliminate the need
to establish individual temporary rules for each separate event that
occurs on an annual basis, thereby limiting the costs of cumulative
regulations.
Notifications will be made to the local maritime community through
the Local Notice to Mariners well in advance of the events. If the
event does not have a date listed, then the exact dates and times of
the enforcement period will be announced through a Notice of
Enforcement in the Federal Register. No new or additional restrictions
will be imposed on vessel traffic.
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 areas where the
listed annual recurring events are being held.
The proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from safety zones for a short duration of time;
vessels may transit in portions of the affected waterway except for
those areas covered by the proposed regulated areas; and vessels may
enter or pass through the affected waterway with the permission of the
COTP or the COTP's representative. The Coast Guard has promulgated
safety zones or special local regulations in accordance with 33 CFR
parts 100 and 165 for all event areas in the past and has not received
notice of any negative impact caused by any of the safety zones or
special local regulations; and notifications will be made to the local
maritime community through the Local Notice to Mariners well in advance
of the events. If the event does not have a date listed, then exact
dates and times of the enforcement period will be announced through a
Notice of Enforcement in the Federal Register. No new or additional
restrictions would 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.
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 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 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
[[Page 5466]]
Constitutionally Protected Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272) 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 appears to be
one of a category of actions which 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 establishment of safety
zones for fireworks displays, swim events and other marine events. It
appears that this action will qualify for Coast Guard Categorical
Exclusions (34) (g) and (h), as described in figure 2-1 of the
Commandant 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
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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 parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
Sec. Sec. 100.112, 100.113, 100.116 [Removed]
2. Remove Sec. Sec. 100.112, 100.113, and 100.116
3. Remove the following entries in the ``Fireworks Display Table''
in Sec. 100.114 (along with the associated ``Massachusetts '' and
``Rhode Island'' titles) as follows: 7.16, 7.18, 7.19, 7.20, 7.21,
7.22, 7.23, 7.24, 7.25, 7.26, 7.27, 7.28, 7.38, 8.2, 8.5, 9.4, 10.1,
12.2, 12.3, and 12.5.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
4. 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.
5. Add a new Sec. 165.173 to read as follows:
Sec. 165.173 Safety Zones for Annually Recurring Marine Events held
in Coast Guard Sector Southeastern New England Captain of the Port
Zone.
(a) Regulations.
The general regulations contained in 33 CFR 165.23 as well as the
following regulations apply to the fireworks displays and swim events
listed in the Table to Sec. 165.173. These regulations may be enforced
for the duration of each event.
Notifications will be made to the local maritime community through
the Local Notice to Mariners well in advance of the events. If the
event does not have a date listed, then exact dates and times of the
enforcement period will be announced through a Notice of Enforcement in
the Federal Register.
Note to introductory paragraph of Sec. 165.173: Although
listed in the Code of Federal Regulations, sponsors of events listed
in the Table shall submit an application each year in accordance
with 33 CFR 100.15.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Southeastern New England (COTP), to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. In addition, members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
[[Page 5467]]
(c) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.'' The ``official patrol vessels'' may consist of any Coast
Guard, Coast Guard Auxiliary, state, or local law enforcement vessels
assigned or approved by the Captain of the Port, Sector Southeastern
New England.
(d) Vessels may not transit the regulated areas without Patrol
Commander approval. Vessels permitted to transit must operate at a no
wake speed, in a manner which will not endanger participants or other
crafts in the event.
(e) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through a Notice of Enforcement published in the
Federal Register, unless authorized by an official patrol vessel.
(f) The Patrol Commander may control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall come to an immediate stop and comply with the
lawful directions issued. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.
(g) The Patrol Commander may delay or terminate any event in this
subpart at any time to ensure safety. Such action may be justified as a
result of weather, traffic density, spectator operation or participant
behavior.
(h) For all fireworks displays listed below, the regulated area is
that area of navigable waters within the specified radius of the launch
platform or launch site for each fireworks display, unless modified
later in a Notice of Enforcement published in the Federal Register.
Table to Sec. 165.173
------------------------------------------------------------------------
------------------------------------------------------------------------
1.0 365 DAY JANUARY-DECEMBER
------------------------------------------------------------------------
1.1 Provincetown Fireworks... Event Type: Fireworks Display.
Date: Enforced on any day during
the duration of the event as specified
by a Notice of Enforcement published in
the Federal Register.
Time: Approximately 5 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of the Provincetown Harbor,
Provincetown, MA.
Position: Within 500 yards of
41[deg]28'44'' N, 070[deg]10'83'' W (NAD
83).
Safety Zone Dimension:
Approximately 300 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
1.2 Providence Fireworks..... Event Type: Fireworks Display.
Date: Enforced on any day during
the duration of the event as specified
by a Notice of Enforcement published in
the Federal Register.
Time: Approximately 5 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of the Hurricane Barrier in the
Providence River, Providence, RI.
Position: Within 500 yards of
41[deg]48'50'' N, 071[deg]23'43'' W (NAD
83).
Safety Zone Dimension:
Approximately 300 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
1.3 Fall River Fireworks..... Event Type: Fireworks Display.
Date: Enforced on any day during
the duration of the event as specified
by a Notice of Enforcement published in
the Federal Register.
Time: Approximately 5 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Battleship Cove, Fall River,
MA.
Position: Within 500 yards of
41[deg]42'37'' N, 071[deg]09'53'' W (NAD
83).
Safety Zone Dimension:
Approximately 200 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
6.0 JUNE
------------------------------------------------------------------------
6.1 Oak Bluffs Summer Event Type: Fireworks Display.
Solstice.
Date: One night on the 3rd or
4th weekend of June.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Town Beach, Oak Bluffs, MA.
Position: Within 500 yards of
41[deg]27'19'' N, 070[deg]33'08'' W (NAD
83).
Safety Zone Dimension:
Approximately 300 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
6.2 RI National Guard Air Event Type: Air Show.
Show.
Date: One weekend (Friday,
Saturday, and Sunday) in June or July.
Time: Approximately 9 a.m. to 7
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.
------------------------------------------------------------------------
7.0 JULY
------------------------------------------------------------------------
7.1 Marion 4th of July Event Type: Fireworks Display.
Fireworks.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
[[Page 5468]]
Location: From a barge in the
vicinity of Outer Sipican Harbor,
Marion, MA.
Position: Within 500 yards of
41[deg]42'17'' N, 070[deg]45'08'' W (NAD
83).
Safety Zone Dimension:
Approximately 300 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
7.2 Oyster Harbors July 4th Event Type: Fireworks Display.
Festival.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Tim's Cove, North Bay,
Osterville, MA.
Position: Within 500 yards of
41[deg]37'29'' N, 070[deg]25'12'' W (NAD
83).
Safety Zone Dimension:
Approximately 200 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
7.3 North Kingstown Fireworks Event Type: Fireworks Display.
Display.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Town Beach, North Kingston,
RI.
Position: Within 500 yards of
41[deg]33'59'' N, 071[deg]26'23'' W (NAD
83).
Safety Zone Dimension:
Approximately 200 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
7.4 Falmouth Fireworks....... Event Type: Fireworks Display.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Falmouth Beach, Falmouth,
MA.
Position: Within 500 yards of
41[deg]32'27'' N, 070[deg]35'26'' W (NAD
83).
Safety Zone Dimension:
Approximately 300 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
7.5 Town of Nantucket Event Type: Fireworks Display.
Fireworks.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Jetties Beach, Nantucket
Sound, MA.
Position: Within 500 yards of
41[deg]19'00'' N, 070[deg]06'30'' W (NAD
83).
Safety Zone Dimension:
Approximately 200 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
7.6 City of Newport 4th of Event Type: Fireworks Display.
July Fireworks.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From the shore in the
vicinity of Fort Adams, Newport, RI.
Position: Within 500 yards of
41[deg]28'49'' N, 071[deg]20'12'' W (NAD
83).
Safety Zone Dimension:
Approximately 350 yard radius circle
around the launch site.
------------------------------------------------------------------------
7.7 Town of Barnstable/ Event Type: Fireworks Display.
Hyannis July 4th Fireworks.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Lewis Bay, Hyannis, MA.
Position: Within 500 yards of
41[deg]38'20'' N, 070[deg]15'08'' W (NAD
83).
Safety Zone Dimension:
Approximately 350 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
7.8 Edgartown 4th of July Event Type: Fireworks Display.
Fireworks Celebration.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Edgartown Outer Harbor,
Edgartown, MA.
Approximate position: Within 500
yards of 41[deg]22'39'' N,
070[deg]30'14'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
7.9 City of New Bedford Event Type: Fireworks Display.
Fireworks Display.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of New Bedford Harbor, New
Bedford, MA.
Approximate position: Within 500
yards of 41[deg]37'55'' N,
070[deg]54'44'' W (NAD 83).
Safety Zone Dimension:
Approximately 250 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
7.10 Onset Fireworks......... Event Type: Fireworks Display.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: On the shore, in the
vicinity of Shellpoint Beach, Onset, MA.
[[Page 5469]]
Approximate position: Within 500
yards of 41[deg]44'13'' N,
070[deg]39'51'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius circle
around the fireworks launch site.
------------------------------------------------------------------------
7.11 Bristol 4th of July Event Type: Fireworks Display.
Fireworks.
Date: One night between July 1st
and July 10th, as announced in the Local
Notice to Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: In the vicinity of
Northern portion of the Bristol Harbor,
Bristol, RI, on the section of
Poppasquash Rd separating the harbor and
Mill Pond.
Position: Within 500 yards of
41[deg]40'53.4'' N, 071[deg]17'00'' W
(NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius circle
around the fireworks launch site.
------------------------------------------------------------------------
7.12 Swim Buzzards Bay....... Event Type: Swim Event.
Date: One Saturday or Sunday in
July or August, as announced in the
Local Notice to Mariners.
Time: Start times will vary from
6 a.m. to 11:59 a.m., and last
approximately two hours until the last
swimmer is ashore. Start time will be
announced in advance 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.
------------------------------------------------------------------------
7.13 Save the Bay Swim....... Event Type: Swim Event.
Date: One Saturday or Sunday in
July or August, as announced in the
Local Notice to Mariners.
Time: Start time will vary from
6 a.m. to 11:59 a.m. and last for
approximately four hours, until the last
swimmer is ashore. Start time will be
announced in advance in the Local Notice
to Mariners.
Location: The regulated area
includes all waters in the vicinity of
the Newport/Pell Bridge, East Passage of
Narragansett Bay, along a centerline
with an approximate start point of
41[deg]30'24''N, 071[deg]19'49'' W (NAD
83) and an approximate end point of
41[deg]30'39'' N, 071[deg]21'50'' W (NAD
83), i.e., a line drawn from the
Officers' Club, Coaster's Harbor Island,
Naval Station Newport, to Potter Cove,
Jamestown.
Safety Zone Dimension: 500 yards
on either side of the centerline
described above.
------------------------------------------------------------------------
8.0 AUGUST
------------------------------------------------------------------------
8.1 Boston Pops Nantucket.... Event Type: Fireworks Display.
Date: One night in August as
announced in the Local Notice to
Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: On the shore, in the
vicinity of Jetties Beach, Nantucket,
MA.
Position: Within 500 yards of
41[deg]17'43'' N, 070[deg]06'10'' W (NAD
83).
Safety Zone Dimension:
Approximately 400 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
8.2 Oak Bluffs Fireworks..... Event Type: Fireworks Display.
Date: One night in August.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Oak Bluffs Harbor, Oak
Bluffs, MA.
Position: Within 500 yards of
41[deg]27'27'' N, 070[deg]33'17'' W (NAD
83).
Safety Zone Dimension:
Approximately 350 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
8.3 Newport Salute to Summer Event Type: Fireworks Display.
Fireworks.
Date: One night during the last
two weekends in August or 1st weekend in
September.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: From a barge in the
vicinity of Naval Station Newport,
Newport, RI.
Position: Within 500 yards of
41[deg]30'15'' N, 071[deg]19'50'' W (NAD
83).
Safety Zone Dimension:
Approximately 400 yard radius circle
around the fireworks barge.
------------------------------------------------------------------------
9.0 SEPTEMBER
------------------------------------------------------------------------
9.1 Provincetown Harbor Swim Event Type: Swim Event.
for Life.
Date: On a day in September as
announced in the Local Notice to
Mariners.
Time: Times will vary from 10
a.m. until the last swimmer is ashore,
no later than 2 p.m.
Location: The regulated area
includes all waters in the vicinity of
the Provincetown Harbor along a
centerline between the start point, the
Long Point Lighthouse. approximate
position 42[deg]01'59'' N,
070[deg]10'07'' W (NAD 83), and the end
point, the Boatslip Resort,
Provincetown, MA., approximate position
42[deg]02'48'' N, 070[deg]11'24'' W (NAD
83).
Safety Zone Dimension: 250 yards
on either side of the centerline
described above.
------------------------------------------------------------------------
9.2 Spirit of Somerset Event Type: Fireworks Display.
Celebration.
[[Page 5470]]
Date: One night in September, as
announced in the Local Notice to
Mariners.
Time: Approximately 8 p.m. to
11:59 p.m.
Location: On the shore, in the
vicinity of Mallard Point, Somerset, MA.
Position: Within 500 yards of
41[deg]46'18'' N, 071[deg]07'14'' W (NAD
83).
Safety Zone Dimension:
Approximately 200 yard radius circle
around the fireworks launch site.
------------------------------------------------------------------------
10.0 OCTOBER
------------------------------------------------------------------------
10.1 Yarmouth Seaside Event Type: Fireworks Display.
Festival Fireworks.
Date: One night in October, as
announced in the Local Notice to
Mariners.
Time: Approximately 7 p.m. to
11:59 p.m.
Location: On the shore, in the
vicinity of Seagull Beach, West
Yarmouth, MA.
Position: Within 500 yards of
41[deg]38'06'' N, 070[deg]13'13'' W (NAD
83).
Safety Zone Dimension:
Approximately 300 yard radius circle
around the fireworks launch site.
------------------------------------------------------------------------
Dated: January 3, 2012.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2012-2391 Filed 2-2-12; 8:45 am]
BILLING CODE 9110-04-P
