Safety Zone; DeStefano Wedding Fireworks Display, Patchogue Bay, Patchogue, NY, 46349-46352 [2012-19003]
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Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Proposed Rules
proposed suspension and rescission
which includes the reasons for the
finding and stipulates within sixty days
the permit will be suspended, or in one
hundred and twenty days, the permit
will be rescinded, unless the permittee
submits rebuttal proof and the Chief
finds:
• The previous determination was
incorrect;
• The violation is under appeal and
an initial judicial decision affirming the
violation is absent;
• The violation is subject to an
approved abatement, correction plan or
payment schedule;
• Ownership or control is severed
and no continuing responsibility is
apportioned to permittee; or
• An appeal as to ownership or
control exists and an initial judicial
decision affirming such ownership or
control is absent.
The proposed amendment eliminates
previous provisions allowing automatic
suspension within ninety days upon
proper showing.
In the event the permit is deemed
suspended or rescinded the Chief shall
immediately order the cessation of coal
mining and reclamation operations and
post written notice of the cessation
order at the Division of Mineral
Resources Management District Office
closest to the permit area.
1501: 13–1–14. Incorporation by
Reference
The Web site provided in the
proposed amendment updates the
public to ensure access to federal
regulation references. The revised Web
site is www.gpo.gov/fdsys/.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether Ohio’s proposed
amendment satisfies the applicable
program approval criteria of 30 CFR
732.15. If we approve the amendment,
it will become part of Ohio’s program.
Electronic or Written Comments
If you submit written comments, they
should be specific, confined to issues
pertinent to the proposed regulations,
and explain the reason for any
recommended change(s). We appreciate
any and all comments, but those most
useful and likely to influence decisions
on the final regulations will be those
that either involve personal experience
or include citations to and analyses of
SMCRA, its legislative history, its
implementing regulations, case law,
other pertinent State or Federal laws or
regulations, technical literature, or other
relevant publications.
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We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, you should be aware that
your entire comments, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comments
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4:00 p.m., EST, on August 20, 2012. If
you are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
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IV. Procedural Determinations
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
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 935
Intergovernmental relations, Surface
mining, Underground mining.
Dated: June 8, 2012.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2012–19049 Filed 8–2–12; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0571]
RIN 1625–AA00
Safety Zone; DeStefano Wedding
Fireworks Display, Patchogue Bay,
Patchogue, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public; if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
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ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
navigable waters of Patchogue Bay, in
Patchogue, NY for the DeStefano family
wedding fireworks display. This action
is necessary to provide for the safety of
life on navigable waters during the
event. Entering into, transiting through,
remaining, anchoring or mooring within
this regulated area would be prohibited
unless authorized by the Captain of the
Port (COTP) Sector Long Island Sound.
SUMMARY:
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Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Proposed Rules
Comments and related material
must be received by the Coast Guard on
or before September 4, 2012.
Requests for public meetings must be
received by the Coast Guard on or before
August 10, 2012.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(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 Petty Officer Joseph Graun,
Prevention Department, Coast Guard
Sector Long Island Sound, (203) 468–
4544, Joseph.L.Graun@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:
DATES:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
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
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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–2012–0571) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0571) 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
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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
This is a first time event with no
regulatory history.
C. Basis and Purpose
The legal basis for this temporary rule
is 33 U.S.C. 1231; 46 U.S.C. Chapters
701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1 which
collectively authorize the Coast Guard
to define regulatory safety zones.
This temporary regulation is
necessary to ensure the safety of vessels
and spectators from hazards associated
with fireworks display.
D. Discussion of Proposed Rule
This temporary rule proposes to
establish a safety zone for the DeStefano
family wedding fireworks display. This
proposed regulated area includes all
waters of Patchogue Bay within a 1000
foot radius of the fireworks barge
located 1000 feet south of ‘‘Lombardi’s
on The Bay’’ restaurant in Patchogue,
NY.
This rule will be effective from 8:30
p.m. on November 3, 2012 through
10:30 p.m. on November 4, 2012.
The fireworks display is scheduled to
occur from 8:30 p.m. until 10:30 p.m. on
November 3, 2012. If the event is
cancelled due to inclement weather,
then this regulation will be enforced
from 8:30 p.m. until 10:30 p.m. on
November 4, 2012.
Because spectator vessels are
expected to congregate around the
location of the fireworks display, this
regulated area is necessary to protect
both spectators and participants from
the hazards created by unexpected
pyrotechnics detonation, and burning
debris. This proposed rule would
temporarily establish a regulated area to
restrict vessel movement around the
location of the fireworks display to
reduce the safety risks associated with
it.
To aid the public in identifying the
launch platform; fireworks barges used
for this display will have a sign on their
port and starboard side labeled
‘‘FIREWORKS—STAY AWAY.’’ This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background.
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Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Proposed Rules
Public notifications will be made to
the local maritime community prior to
the event through the Local Notice to
Mariners, and Broadcast Notice to
Mariners.
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.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
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 determined that this
rulemaking would not be a significant
regulatory action for the following
reasons: The regulated area will be of
limited duration and cover only a small
portion of the navigable waterways.
Also, mariners may request permission
from the COTP Sector Long Island
Sound or the designated representative
to transit the zone.
Advanced public notifications will
also be made to the local maritime
community through the Local Notice to
Mariners as well as Broadcast Notice to
Mariners.
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 rule will
affect the following entities, some of
which may be small entities: the owners
or operators of vessels intending to
enter, transit, anchor or moor within the
regulated area during the effective
period. The temporary safety zone will
not have a significant economic impact
on a substantial number of small entities
for the following reasons: The regulated
area will be of limited size and of short
duration and mariners may request
permission from the COTP Sector Long
Island Sound or the designated
representative to transit the zone.
Notifications will be made to the
maritime community through the Local
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Notice to Mariners and Broadcast Notice
to Mariners well in advance of the
event.
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
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46351
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use 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.
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Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Proposed Rules
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 establishing a 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 is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREA AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 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.T01–0571 to read as
follows:
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
§ 165.T01–0571 Safety Zones; DeStefano
Wedding Fireworks Display, Patchogue
Bay, Patchogue, NY.
(a) Location. The following area is a
safety zone: All waters of Patchogue Bay
within a 1,000-foot radius of the
fireworks barge located off Patchogue,
NY in approximate position
40°44′44.47″ N, 073°00′41.25″ W North
American Datum 1983.
(b) Notification. Coast Guard Sector
Long Island Sound will cause
notifications to be made to the local
maritime community through all
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appropriate means such as Local Notice
to Mariners or Broadcast Notice to
Mariners well in advance of the event.
(c) Enforcement Period. This rule will
be enforced from 8:30 p.m. until 10:30
p.m. on November 3, 2012. If the event
is postponed due to inclement weather,
then this rule will be enforced from 8:30
p.m. until 10:30 p.m. on November 4,
2012.
(d) Regulations. The general
regulations contained in 33 CFR 165.23
apply. During the enforcement period,
entering into, transiting through,
remaining, mooring or anchoring within
this safety zone is prohibited unless
authorized by the Captain of the Port
(COTP) or the designated
representatives.
1. Definitions. The following
definitions apply to this section:
i. 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 COTP, Sector
Long Island Sound, 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.
ii. 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 Sector Long
Island Sound.
iii. Spectators. All persons and
vessels not registered with the event
sponsor as participants or official patrol
vessels.
2. Vessel operators desiring to enter or
operate within the regulated area should
contact the COTP Sector Long Island
Sound at 203–468–4401 (Sector LIS
command center) or the designated
representative via VHF channel 16 to
obtain permission to do so.
3. Spectators or other vessels shall not
anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated area
during the effective dates and times, or
dates and times as modified through the
Local Notice to Mariners, unless
authorized by COTP Sector Long Island
Sound or designated representative.
4. Upon being hailed by a U.S. Coast
Guard vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
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5. The COTP Sector Long Island
Sound or designated representative may
delay or terminate any marine event in
this subpart at any time it is deemed
necessary to ensure the safety of life or
property.
6. Fireworks barges used in this
location will have a sign on their port
and starboard side labeled
‘‘FIREWORKS—STAY AWAY’’. This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background.
Dated: July 20, 2012.
H.L. Najarian,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Long Island Sound.
[FR Doc. 2012–19003 Filed 8–2–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–1014; FRL–9708–7]
Approval and Promulgation of
Implementation Plans; Kentucky;
110(a)(1) and (2) Infrastructure
Requirements for the 1997 Annual and
2006 24-hour Fine Particulate Matter
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
in part, and conditionally approve in
part, the State Implementation Plan
(SIP) revisions, submitted by the
Commonwealth of Kentucky through
the Kentucky Energy and Environment
Cabinet, Division for Air Quality (DAQ),
as demonstrating that the
Commonwealth meets the requirements
of sections 110(a)(1) and (2) of the Clean
Air Act (CAA or Act) for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
Kentucky certified that the Kentucky
SIP contains provisions that ensure the
1997 annual and 2006 24-hour PM2.5
NAAQS are implemented, enforced, and
maintained in Kentucky (hereafter
referred to as ‘‘infrastructure
submission’’). EPA is now taking three
related actions on Kentucky DAQ’s
infrastructure submissions for the
Commonwealth. First, EPA is proposing
to determine that Kentucky DAQ’s
infrastructure submissions, provided to
EPA on August 26, 2008, and July 17,
2012, satisfy certain required
infrastructure elements for the 1997
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Proposed Rules]
[Pages 46349-46352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19003]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0571]
RIN 1625-AA00
Safety Zone; DeStefano Wedding Fireworks Display, Patchogue Bay,
Patchogue, 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 Patchogue Bay, in Patchogue, NY for the
DeStefano family wedding fireworks display. This action is necessary to
provide for the safety of life on navigable waters during the event.
Entering into, transiting through, remaining, anchoring or mooring
within this regulated area would be prohibited unless authorized by the
Captain of the Port (COTP) Sector Long Island Sound.
[[Page 46350]]
DATES: Comments and related material must be received by the Coast
Guard on or before September 4, 2012.
Requests for public meetings must be received by the Coast Guard on
or before August 10, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(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 Petty Officer Joseph Graun, Prevention Department, Coast
Guard Sector Long Island Sound, (203) 468-4544,
Joseph.L.Graun@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
COTP Captain of the Port
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-2012-0571) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2012-0571) 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
This is a first time event with no regulatory history.
C. Basis and Purpose
The legal basis for this temporary rule is 33 U.S.C. 1231; 46
U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6 and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory safety
zones.
This temporary regulation is necessary to ensure the safety of
vessels and spectators from hazards associated with fireworks display.
D. Discussion of Proposed Rule
This temporary rule proposes to establish a safety zone for the
DeStefano family wedding fireworks display. This proposed regulated
area includes all waters of Patchogue Bay within a 1000 foot radius of
the fireworks barge located 1000 feet south of ``Lombardi's on The
Bay'' restaurant in Patchogue, NY.
This rule will be effective from 8:30 p.m. on November 3, 2012
through 10:30 p.m. on November 4, 2012.
The fireworks display is scheduled to occur from 8:30 p.m. until
10:30 p.m. on November 3, 2012. If the event is cancelled due to
inclement weather, then this regulation will be enforced from 8:30 p.m.
until 10:30 p.m. on November 4, 2012.
Because spectator vessels are expected to congregate around the
location of the fireworks display, this regulated area is necessary to
protect both spectators and participants from the hazards created by
unexpected pyrotechnics detonation, and burning debris. This proposed
rule would temporarily establish a regulated area to restrict vessel
movement around the location of the fireworks display to reduce the
safety risks associated with it.
To aid the public in identifying the launch platform; fireworks
barges used for this display will have a sign on their port and
starboard side labeled ``FIREWORKS--STAY AWAY.'' This sign will consist
of 10 inch high by 1.5 inch wide red lettering on a white background.
[[Page 46351]]
Public notifications will be made to the local maritime community
prior to the event through the Local Notice to Mariners, and Broadcast
Notice to Mariners.
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 determined that this rulemaking would not be a
significant regulatory action for the following reasons: The regulated
area will be of limited duration and cover only a small portion of the
navigable waterways. Also, mariners may request permission from the
COTP Sector Long Island Sound or the designated representative to
transit the zone.
Advanced public notifications will also be made to the local
maritime community through the Local Notice to Mariners as well as
Broadcast Notice to Mariners.
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 rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to enter, transit, anchor or moor within the regulated area
during the effective period. The temporary safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons: The regulated area will be of limited size
and of short duration and mariners may request permission from the COTP
Sector Long Island Sound or the designated representative to transit
the zone. Notifications will be made to the maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners well in
advance of the event.
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 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 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.
[[Page 46352]]
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 establishing a 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 is available in the docket where indicated under ADDRESSES.
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 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.T01-0571 to read as follows:
Sec. 165.T01-0571 Safety Zones; DeStefano Wedding Fireworks Display,
Patchogue Bay, Patchogue, NY.
(a) Location. The following area is a safety zone: All waters of
Patchogue Bay within a 1,000-foot radius of the fireworks barge located
off Patchogue, NY in approximate position 40[deg]44'44.47'' N,
073[deg]00'41.25'' W North American Datum 1983.
(b) Notification. Coast Guard Sector Long Island Sound will cause
notifications to be made to the local maritime community through all
appropriate means such as Local Notice to Mariners or Broadcast Notice
to Mariners well in advance of the event.
(c) Enforcement Period. This rule will be enforced from 8:30 p.m.
until 10:30 p.m. on November 3, 2012. If the event is postponed due to
inclement weather, then this rule will be enforced from 8:30 p.m. until
10:30 p.m. on November 4, 2012.
(d) Regulations. The general regulations contained in 33 CFR 165.23
apply. During the enforcement period, entering into, transiting
through, remaining, mooring or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port (COTP) or the
designated representatives.
1. Definitions. The following definitions apply to this section:
i. 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 COTP, Sector Long Island
Sound, 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.
ii. 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 Sector Long Island Sound.
iii. Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
2. Vessel operators desiring to enter or operate within the
regulated area should contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) or the designated representative
via VHF channel 16 to obtain permission to do so.
3. Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated area during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP Sector Long Island Sound or designated
representative.
4. Upon being hailed by a U.S. Coast Guard vessel or the designated
representative, by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed. Failure to comply
with a lawful direction may result in expulsion from the area, citation
for failure to comply, or both.
5. The COTP Sector Long Island Sound or designated representative
may delay or terminate any marine event in this subpart at any time it
is deemed necessary to ensure the safety of life or property.
6. Fireworks barges used in this location will have a sign on their
port and starboard side labeled ``FIREWORKS--STAY AWAY''. This sign
will consist of 10 inch high by 1.5 inch wide red lettering on a white
background.
Dated: July 20, 2012.
H.L. Najarian,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long
Island Sound.
[FR Doc. 2012-19003 Filed 8-2-12; 8:45 am]
BILLING CODE 9110-04-P
