Safety Zone; Bostock 50th Anniversary Fireworks, Long Island Sound; Manursing Island, NY, 34894-34897 [2012-14220]
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34894
Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface
mining, Underground mining.
Dated: April 26, 2012.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2012–14312 Filed 6–11–12; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 950
[SATS No WY–041–FOR; Docket ID OSM–
2011–0020]
Wyoming Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; withdrawal.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing the withdrawal
of a proposed rule pertaining to an
amendment to the Wyoming regulatory
program (the Wyoming program) and its
coal rules and regulations. Wyoming
submitted the amendment to address
required ownership and control rule
changes that OSM identified in a letter
to Wyoming dated October 2, 2009,
under 30 CFR 732.17(c), and four
deficiencies that were identified by
OSM during the review of a previous
program amendment (WY–038–FOR;
Docket ID #OSM–2009–0012).
DATES: The proposed rule published
December 23, 2011, at 76 FR 80310, is
withdrawn June 12, 2012.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Director, Casper
Field Office, Office of Surface Mining
Reclamation and Enforcement, Dick
Cheney Federal Building, POB 11018,
150 East B Street, Casper, Wyoming
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SUMMARY:
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82601–1018; Telephone: 307–261–6550,
email address: jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Program
II. Submission of the Withdrawal
I. Background on the Wyoming
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its State program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a) (1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Wyoming
program on November 26, 1980. You
can find background information on the
Wyoming program, including the
Secretary’s findings, the disposition of
comments, and the conditions of
approval of the Wyoming program in
the November 26, 1980, Federal
Register (45 FR 78637). You can also
find later actions concerning Wyoming’s
program and program amendments at 30
CFR 950.12, 950.15, 950.16, and 950.20.
II. Submission of the Withdrawal
By letter dated October 24, 2011,
Wyoming sent us a proposed
amendment to its approved regulatory
program (Administrative Record Docket
ID No. OSM–2011–0020) under SMCRA
(30 U.S.C. 1201 et seq.). Wyoming
submitted the amendment to address
required rule changes OSM identified in
a letter to Wyoming dated October 2,
2009, under 30 CFR 732.17(c) (‘‘732
letter’’). These included changes to
Wyoming’s rules for ownership and
control. Wyoming also submitted the
amendment to address four deficiencies
that OSM identified in response to
Wyoming’s formally submitted
revegetation rule package (WY–038–
FOR; Docket ID #OSM–2009–0012) and
correct numerous inaccurate citations to
other sections of Wyoming’s rules and
regulations.
We announced receipt of the
proposed amendment in the December
23, 2011, Federal Register (76 FR
80310). In the same document, we
opened the public comment period and
provided an opportunity for a public
hearing or meeting on the amendment’s
adequacy (Administrative Record
Document ID No. OSM–2011–0020–
0001). We did not hold a public hearing
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or meeting because no one requested
one. The public comment period ended
on January 23, 2012. We received
comments from three Federal agencies
(Mine Safety and Health
Administration, USDA Forest Service,
U.S. Geological Survey) and one State
agency (Wyoming Game and Fish
Department). In a letter dated March 16,
2012, Wyoming notified us that it was
withdrawing the proposed amendment
at this time so that it can draft
additional rule language to address the
issues in the October 2, 2009, 732 letter
and resubmit the amendment by January
of 2013. The required rule changes
identified by OSM in the October 2,
2009, 732 letter to Wyoming remain
effective.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface
mining, Underground mining.
Dated: April 20, 2012.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. 2012–14314 Filed 6–11–12; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0385]
RIN 1625–AA00
Safety Zone; Bostock 50th Anniversary
Fireworks, Long Island Sound;
Manursing Island, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
navigable waters of Long Island Sound
in the vicinity of Manursing Island, NY
for a fireworks display. This temporary
safety zone is necessary to protect
spectators and vessels from the hazards
associated with fireworks displays. This
rule is intended to restrict all vessels
from a portion of Long Island Sound
before, during, and immediately after
the fireworks event.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 12, 2012.
Requests for public meetings must be
received by the Coast Guard on or before
June 19, 2012.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
SUMMARY:
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ensign Kimberly Farnsworth,
Coast Guard; Telephone (718) 354–4163,
email Kimberly.A.Farnsworth@uscg.mil.
If you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
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
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mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2012–0385 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 8c by 11
inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–2012–0385 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this rulemaking. You
may also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the 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.
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34895
B. Regulatory History and Information
There is no prior Regulatory history
for this proposed safety zone.
C. Basis and Purpose
The legal basis for the proposed rule
is 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, 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1.
This proposed safety zone is
necessary to ensure the safety of
spectators and vessels from hazards
associated with the fireworks display.
Based on the inherent hazards
associated with fireworks, the Captain
of the Port (COTP) New York has
determined that fireworks launches in
close proximity to water crafts pose a
significant risk to public safety and
property. The combination of increased
number of recreational vessels,
congested waterways, darkness
punctuated by bright flashes of light,
and debris especially burning debris
falling on passing or spectator vessels
has the potential to result in serious
injuries or fatalities. The proposed
temporary safety zone will restrict
vessel movement in the Long Island
Sound around the location of the
fireworks launch platform before,
during, and after the fireworks display.
D. Discussion of Proposed Rule
Bay Fireworks is sponsoring a
fireworks display for an anniversary
party on the navigable waters of Long
Island Sound in the vicinity of
Manursing Island, NY. The proposed
safety zone is necessary to ensure the
safety of spectators and vessels from
hazards associated with the fireworks
display.
The fireworks display will occur from
10:15 p.m. until 10:20 p.m. In order to
coordinate the safe movement of vessels
within the area and to ensure that the
area is clear of unauthorized persons
and vessels before, during, and
immediately after the fireworks launch,
this zone will be enforced from 9:45
p.m. until 10:50 p.m. on September 8,
2012.
The proposed safety zone will include
all navigable waters of Long Island
Sound within a 240-yard radius of the
fireworks barge located in approximate
position 40°58′01″ N, 073°39′24″ W,
approximately 775-yards northeast of
the southern tip of Manursing Island,
NY. Vessels will still be able to transit
the surrounding area and may be
authorized to transit through the
proposed safety zone with the
permission for the COTP. The COTP
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
does not anticipate any negative impact
on vessel traffic due to this proposed
safety zone.
The fireworks barge will also have a
sign on its port and starboard side
labeled ‘‘FIREWORKS—STAY AWAY.’’
The sign will consist of 10’’ high by 1.5’’
wide red lettering on a white
background.
This rule is being proposed to provide
for the safety of life on navigable waters
during the event and to give the marine
community the opportunity to comment
on the proposed zone location, size, and
length of time the zone will be
activated.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The Coast Guard’s enforcement of this
proposed safety zone will be of short
duration, approximately 75 minutes
during the scheduled fireworks event.
The proposed safety zone will restrict
access to only a small portion of the
navigable waterways of the Long Island
Sound. Vessels will be able to navigate
around the proposed safety zone.
Furthermore, vessels may be authorized
to transit through the proposed safety
zone with the permission of the COTP.
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2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities.
This proposed rule will affect the
following entities, some of which may
be small entities: The owners and
operators of vessels intending to transit
or anchor in a small portion of the Long
Island Sound during the effective
period.
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This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This proposed
rule would be in effect for only 75
minutes late at night when vessel traffic
is low. Vessel traffic could pass safely
around the safety zone. Before the
effective period, the Coast Guard will
issue maritime advisories widely
available to users of the waterway.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. 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 in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the ‘‘FOR FURTHER
INFORMATION CONTACT’’ section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use 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
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
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.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves establishment of a
temporary safety zone. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
preliminary environmental analysis
checklist supporting this determination
and is available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
F. List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and record keeping
requirements, waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREA
1. The authority citation for part 165
continues to read as follows:
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Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01.0385 to read as
follows:
(a) Regulated Area. The following area
is a temporary safety zone: all navigable
waters of the Long Island Sound within
a 240-yard radius of the fireworks barge
located in approximate position
17:55 Jun 11, 2012
Jkt 226001
Dated: May 24, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain
of the Port New York.
[FR Doc. 2012–14220 Filed 6–11–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
§ 165.T01–0385 Safety Zone; Bostock 50th
Anniversary Fireworks, Long Island Sound;
Manursing Island, NY.
VerDate Mar<15>2010
40°58′01″ N, 073°39′24″ W, in the
vicinity of Manursing Island, NY.
(b) Effective Period. This rule will be
effective from 9:45 p.m. to 10:50 p.m. on
September 8, 2012.
(c) 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 New York (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.
(d) Regulations.
(1) The general regulations contained
in 33 CFR 165.23, as well as the
following regulations, apply.
(2) No vessels, except for fireworks
barge and accompanying vessels, will be
allowed to transit the safety zone
without the permission of the COTP.
(3) All persons and vessels shall
comply with the instructions of the
COTP or the designated representative.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of a
vessel shall proceed as directed.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the COTP or the
designated representative via VHF
channel 16 or 718–354–4353 (Sector
New York command center) to obtain
permission to do so.
[EPA–R03–OAR–2012–0394; FRL–9685–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Permit to Construct
Exemptions
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
34897
Proposed rule.
EPA proposes to approve the
State Implementation Plan (SIP)
revision submitted by the State of
Maryland pertaining to sources which
are exempt from preconstruction
permitting requirements under
Maryland’s New Source Review (NSR)
program. In the Final Rules section of
this Federal Register, EPA is approving
the State’s SIP submittal as a direct final
rule without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
DATES: Comments must be received in
writing by July 12, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0394 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: cox.kathleen@epa.gov.
C. Mail: EPA–R03–OAR–2012–0394,
Ms. Kathleen Cox, Associate Director,
Office of Permits and Air Toxics,
Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. 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–2012–
0394. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Proposed Rules]
[Pages 34894-34897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14220]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0385]
RIN 1625-AA00
Safety Zone; Bostock 50th Anniversary Fireworks, Long Island
Sound; Manursing Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of Long Island Sound in the vicinity of
Manursing Island, NY for a fireworks display. This temporary safety
zone is necessary to protect spectators and vessels from the hazards
associated with fireworks displays. This rule is intended to restrict
all vessels from a portion of Long Island Sound before, during, and
immediately after the fireworks event.
DATES: Comments and related material must be received by the Coast
Guard on or before July 12, 2012.
Requests for public meetings must be received by the Coast Guard on
or before June 19, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
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(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Kimberly Farnsworth, Coast Guard; Telephone (718)
354-4163, email Kimberly.A.Farnsworth@uscg.mil. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number USCG-2012-0385 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8[frac12] by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number USCG-2012-0385 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.
B. Regulatory History and Information
There is no prior Regulatory history for this proposed safety zone.
C. Basis and Purpose
The legal basis for the proposed rule is 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, 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
This proposed safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display. Based on the inherent hazards associated with fireworks, the
Captain of the Port (COTP) New York has determined that fireworks
launches in close proximity to water crafts pose a significant risk to
public safety and property. The combination of increased number of
recreational vessels, congested waterways, darkness punctuated by
bright flashes of light, and debris especially burning debris falling
on passing or spectator vessels has the potential to result in serious
injuries or fatalities. The proposed temporary safety zone will
restrict vessel movement in the Long Island Sound around the location
of the fireworks launch platform before, during, and after the
fireworks display.
D. Discussion of Proposed Rule
Bay Fireworks is sponsoring a fireworks display for an anniversary
party on the navigable waters of Long Island Sound in the vicinity of
Manursing Island, NY. The proposed safety zone is necessary to ensure
the safety of spectators and vessels from hazards associated with the
fireworks display.
The fireworks display will occur from 10:15 p.m. until 10:20 p.m.
In order to coordinate the safe movement of vessels within the area and
to ensure that the area is clear of unauthorized persons and vessels
before, during, and immediately after the fireworks launch, this zone
will be enforced from 9:45 p.m. until 10:50 p.m. on September 8, 2012.
The proposed safety zone will include all navigable waters of Long
Island Sound within a 240-yard radius of the fireworks barge located in
approximate position 40[deg]58'01'' N, 073[deg]39'24'' W, approximately
775-yards northeast of the southern tip of Manursing Island, NY.
Vessels will still be able to transit the surrounding area and may be
authorized to transit through the proposed safety zone with the
permission for the COTP. The COTP
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does not anticipate any negative impact on vessel traffic due to this
proposed safety zone.
The fireworks barge will also have a sign on its port and starboard
side labeled ``FIREWORKS--STAY AWAY.'' The sign will consist of 10''
high by 1.5'' wide red lettering on a white background.
This rule is being proposed to provide for the safety of life on
navigable waters during the event and to give the marine community the
opportunity to comment on the proposed zone location, size, and length
of time the zone will be activated.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The Coast Guard's enforcement of this proposed safety zone will be
of short duration, approximately 75 minutes during the scheduled
fireworks event. The proposed safety zone will restrict access to only
a small portion of the navigable waterways of the Long Island Sound.
Vessels will be able to navigate around the proposed safety zone.
Furthermore, vessels may be authorized to transit through the proposed
safety zone with the permission of the COTP.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This proposed rule will affect the following entities, some of
which may be small entities: The owners and operators of vessels
intending to transit or anchor in a small portion of the Long Island
Sound during the effective period.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: This
proposed rule would be in effect for only 75 minutes late at night when
vessel traffic is low. Vessel traffic could pass safely around the
safety zone. Before the effective period, the Coast Guard will issue
maritime advisories widely available to users of the waterway.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. 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 in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``FOR FURTHER
INFORMATION CONTACT'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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
[[Page 34897]]
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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishment of a temporary safety zone. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and is available in
the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
F. List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and record keeping
requirements, waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T01.0385 to read as follows:
Sec. 165.T01-0385 Safety Zone; Bostock 50th Anniversary Fireworks,
Long Island Sound; Manursing Island, NY.
(a) Regulated Area. The following area is a temporary safety zone:
all navigable waters of the Long Island Sound within a 240-yard radius
of the fireworks barge located in approximate position 40[deg]58'01''
N, 073[deg]39'24'' W, in the vicinity of Manursing Island, NY.
(b) Effective Period. This rule will be effective from 9:45 p.m. to
10:50 p.m. on September 8, 2012.
(c) 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
New York (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.
(d) Regulations.
(1) The general regulations contained in 33 CFR 165.23, as well as
the following regulations, apply.
(2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zone without the
permission of the COTP.
(3) All persons and vessels shall comply with the instructions of
the COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light or other means, the
operator of a vessel shall proceed as directed.
(4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or the designated representative
via VHF channel 16 or 718-354-4353 (Sector New York command center) to
obtain permission to do so.
Dated: May 24, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-14220 Filed 6-11-12; 8:45 am]
BILLING CODE 9110-04-P
