Safety Zone; Red Bull Flugtag, Delaware River; Camden, NJ, 47334-47337 [2012-19345]
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47334
Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Proposed Rules
10. Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
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 restricting vessel
movement within a regulated navigation
area. 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
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supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
revise 33 CFR part 165 as follows:
any vessel or equipment within the
RNA. To assure wide advance notice of
each closure among affected mariners,
the COTP will use means including, but
not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners.
The COTP will announce the dates and
times of the closure and whether
exceptions will be authorized for
emergency or other specific vessel
traffic.
Dated: July 19, 2012.
D. B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2012–19378 Filed 8–7–12; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
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. In § 165.150 revise paragraphs (a)
and (b)(8), and add new paragraph (b)(9)
to read as follows:
§ 165.150 New Haven Harbor, Quinnipiac
River, Mill River.
(a) Boundaries. The following is a
regulated navigation area: The waters
surrounding the Tomlinson Bridge and
Pearl Harbor Memorial Bridge (I–95
Bridge) located within a line extending
from a point A at 41°17′50″ N,
072°54′36″ W (the southeast corner of
the Magellan Pink Tanks Terminal
dock) thence along a line 126°T to point
B at 41°17′42″ N, 072°54′21″ W (the
southwest corner of the Gulf facility)
thence north along the shoreline to
point C at 41°17′57″ N, 072°54′06″ W
(the northwest corner of the R & H
Terminal dock) thence along a line
303°T to point D at 41°18′05″ N,
072°54′23″ W (the west bank of the
mouth of the Mill River) thence south
along the shoreline to point of origin.
*
*
*
*
*
(b) * * *
(8) The Captain of the Port Sector
Long Island Sound (COTP) may issue an
authorization to deviate from any
regulation in paragraph (b) of this
section if the COTP determines that an
alternate operation can be done safely.
(9) The COTP may temporarily close
the RNA for any situation the COTP
determines would create an imminent
hazard to waterway users in the RNA.
Entry into the RNA during temporary
closure is prohibited unless authorized
by the COTP or the COTP’s designated
representative. The COTP or designated
representative may order the removal of
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Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0694]
RIN 1625–AA00
Safety Zone; Red Bull Flugtag,
Delaware River; Camden, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a safety zone for the ‘‘Red Bull
Flugtag Camden’’, a marine event to be
held on September 15, 2012 from 10
a.m. to 5 p.m., in an area of the
Delaware River, Camden, NJ, described
as North of the Wiggins Park Marina and
South of the Benjamin Franklin Bridge.
This safety zone is necessary to provide
for the safety of life on navigable waters
during the event. This action is
intended to restrict vessel traffic on a
portion of the Delaware River during the
event.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 23, 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.
SUMMARY:
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Proposed Rules
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 Lieutenant Corrina Ott, Chief
Waterways Management, Sector
Delaware Bay, U.S. Coast Guard;
telephone (215) 271–4902, email
Corrina.Ott@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
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–2012–0694) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
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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–2012–0694) 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. Basis and Purpose
Red Bull is sponsoring a Flugtag event
along the Camden Riverfront. During
this event participants will enter the
Delaware River from an elevated
platform, utilizing makeshift flying
apparatuses with the intent to maintain
a controlled descent into the Delaware
River. This safety zone will help protect
both life and property on the navigable
waterways of the Delaware River in
respect to event participants and
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47335
commercial and recreational vessel
traffic.
C. Discussion of Proposed Rule
The Coast Guard proposes to establish
a safety zone on the Delaware River in
Camden, NJ from 10 a.m. to 5 p.m. on
September 15, 2012. The safety zone
will restrict vessel traffic on the
Delaware River in the immediate area of
the Red Bull Flugtag event taking place
inside a boundary described as
originating from the shoreline then west
to 39° 56′54″ N, 075° 07′59″ W then
north to 39° 56′58″ N, 075° 07′58″ W
then east to the shoreline. The safety
zone will protect event participants, life,
and property while preventing vessel
traffic from navigating on the Delaware
River in an area described as north of
the Wiggins Park Marina and south of
the Benjamin Franklin Bridge. Except
for persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area during the
enforcement period. The Captain of the
Port (COTP) will notify the public of
specific enforcement times by marine
Radio Safety Broadcast.
D. 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. Due to the location of the
proposed regulated area being outside of
and East of Anchorage Area #13, as well
as being located in an area that would
not have a significant impact on vessel
traffic, the regulatory impact is expected
to be minimal.
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.
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Proposed Rules
(1) This proposed rule would affect
the following entities, some of which
might be small entities: the owners or
operators of vessels intending to transit
or anchor in a portion of the Delaware
River from 10 a.m. to 5 p.m. on
September 15, 2012.
(2) This safety zone would not have
a significant economic impact on a
substantial number of small entities for
the following reasons. This safety zone
would be activated, and thus subject to
enforcement, for only 7 hours. Vessel
traffic could pass safely around the
safety zone with permission from the
(COTP). Before the activation of the
zone, we would issue Broadcast Notice
to Mariners widely available to users of
the river.
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.).
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
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.
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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.
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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.
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 special local
regulations issued in conjunction with a
marine parade, as described in figure 2–
1, paragraph (34)(h), of the Instruction.
This rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. Under Figure 2–1,
paragraph 34(h), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Proposed Rules
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
DEPARTMENT OF AGRICULTURE
2. Add § 165.T05–0694 to read as
follows:
RIN 0596–AD07
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(a) Definitions. The following
definitions apply to this section:
(1) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the Coast Guard who has
been designated by the Commander,
Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Delaware Bay with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Participant includes all vessels
participating in the Red Bull Flugtag
Camden under the auspices of a Marine
Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Delaware Bay.
(4) Regulated area includes the
boundary described as originating from
the shoreline then west to 39°56′54″ N,
075°07′59″ W then north to 39°56′58″ N,
075°07′58″ W then east to the shoreline.
(b) Regulations. (1) Except for event
participants and persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the
regulated area shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol.
(ii) Proceed as directed by any Official
Patrol.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the event area.
(c) Effective period. This section will
be enforced from 10 a.m. to 5 p.m. on
September 15, 2012.
[FR Doc. 2012–19345 Filed 8–7–12; 8:45 am]
BILLING CODE 9110–04–P
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36 CFR Part 218
Project-Level Predecisional
Administrative Review Process
§ 165.T05–0694 Safety Zone; Red Bull
Flugtag, Delaware River, Camden, NJ.
Dated: July 26, 2012.
T. C. Wiemers,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Delaware Bay.
Forest Service
Forest Service, USDA.
Proposed rule; request for
comments.
AGENCY:
ACTION:
This proposed rule
establishes the sole process by which
the public may file objections seeking
predecisional administrative review for
proposed projects and activities
implementing land management plans,
including projects authorized pursuant
to the Healthy Forests Restoration Act of
2003 (HFRA). The Consolidated
Appropriations Act of 2012 directs the
Secretary of Agriculture, acting through
the Chief of the Forest Service, to
provide for a pre-decisional objection
process for proposed actions of the
Forest Service concerning projects and
activities implementing land and
resource management plans developed
under the Forest and Rangeland
Renewable Resources Planning Act of
1974, and documented with a Record of
Decision (ROD) or Decision Notice (DN).
Section 428 further directs the Secretary
to apply these procedures in lieu of the
Appeal Reform Act (ARA), which
provided for a postdecisional
administrative appeal process. The
proposed rule also establishes
procedures concerning how the Forest
Service will provide notice for such
projects and activities. The Forest
Service invites written comments on
this proposed rule.
DATES: Comments on this proposed rule
must be received in writing by
September 7, 2012. Comments
concerning the information collection
requirements contained in this proposed
rule must be received in writing by
October 9, 2012.
ADDRESSES: Send written comments to
USDA Forest Service, Objection
Regulation Comments, P.O. Box 4654,
Logan, UT 84323; by electronic mail to
ObjectionRegulation@fscomments.us; by
fax to 435–750–8799; or by the
electronic process available at the
Federal eRulemaking portal at https://
www.regulations.gov.
The public may inspect comments
received on this proposed rule at USDA,
Forest Service, Ecosystem Management
Coordination Staff, 1400 Independence
Ave. SW., Washington, DC, between
8:00 a.m. and 4:30 p.m. on business
SUMMARY:
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47337
days. Those wishing to inspect
comments should call ahead 202–205–
0895 to facilitate an appointment and
entrance to the building.
Comments concerning the
information collection requirements
contained in this proposed rule should
reference OMB No. 0596–0172 and the
docket number, date, and page number
of this issue of the Federal Register.
Comments concerning the information
collection requirements may be
submitted as provided for comments on
the proposed rule. For more
information, see SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Deb
Beighley, Assistant Director, Appeals
and Litigation at 202–205–1277.
Individuals using telecommunication
devices for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 between 8:00
a.m. and 8:00 p.m. Eastern Standard
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: If
comments are sent by electronic mail or
by fax, the public is requested not to
send duplicate written comments via
regular mail. Please confine written
comments to issues pertinent to the
proposed rule; explain the reasons for
any recommended changes; and, where
possible, reference the specific section
or paragraph being addressed.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the Forest Service will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to the Forest
Service without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public record. If
you submit an electronic comment, the
Forest Service recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If the Forest Service cannot
read your comment due to technical
difficulties and cannot contact you for
clarification, the Agency may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
All timely and properly submitted
comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received on this
proposed rule at USDA, Forest Service,
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Agencies
[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Proposed Rules]
[Pages 47334-47337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19345]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0694]
RIN 1625-AA00
Safety Zone; Red Bull Flugtag, Delaware River; Camden, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a safety zone for the
``Red Bull Flugtag Camden'', a marine event to be held on September 15,
2012 from 10 a.m. to 5 p.m., in an area of the Delaware River, Camden,
NJ, described as North of the Wiggins Park Marina and South of the
Benjamin Franklin Bridge. This safety zone is necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic on a portion of the Delaware River
during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before August 23, 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.
[[Page 47335]]
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 Lieutenant Corrina Ott, Chief Waterways Management,
Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-4902, email
Corrina.Ott@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-2012-0694) 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-2012-0694) 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. Basis and Purpose
Red Bull is sponsoring a Flugtag event along the Camden Riverfront.
During this event participants will enter the Delaware River from an
elevated platform, utilizing makeshift flying apparatuses with the
intent to maintain a controlled descent into the Delaware River. This
safety zone will help protect both life and property on the navigable
waterways of the Delaware River in respect to event participants and
commercial and recreational vessel traffic.
C. Discussion of Proposed Rule
The Coast Guard proposes to establish a safety zone on the Delaware
River in Camden, NJ from 10 a.m. to 5 p.m. on September 15, 2012. The
safety zone will restrict vessel traffic on the Delaware River in the
immediate area of the Red Bull Flugtag event taking place inside a
boundary described as originating from the shoreline then west to
39[deg] 56'54'' N, 075[deg] 07'59'' W then north to 39[deg] 56'58'' N,
075[deg] 07'58'' W then east to the shoreline. The safety zone will
protect event participants, life, and property while preventing vessel
traffic from navigating on the Delaware River in an area described as
north of the Wiggins Park Marina and south of the Benjamin Franklin
Bridge. Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area during the enforcement period. The Captain of the Port
(COTP) will notify the public of specific enforcement times by marine
Radio Safety Broadcast.
D. 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. Due to the location of
the proposed regulated area being outside of and East of Anchorage Area
13, as well as being located in an area that would not have a
significant impact on vessel traffic, the regulatory impact is expected
to be minimal.
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.
[[Page 47336]]
(1) This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of the Delaware River from
10 a.m. to 5 p.m. on September 15, 2012.
(2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons.
This safety zone would be activated, and thus subject to enforcement,
for only 7 hours. Vessel traffic could pass safely around the safety
zone with permission from the (COTP). Before the activation of the
zone, we would issue Broadcast Notice to Mariners widely available to
users of the river.
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.
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 special local regulations issued in conjunction
with a marine parade, as described in figure 2-1, paragraph (34)(h), of
the Instruction. This rule is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. Under Figure 2-1, paragraph 34(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
[[Page 47337]]
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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
2. Add Sec. 165.T05-0694 to read as follows:
Sec. 165.T05-0694 Safety Zone; Red Bull Flugtag, Delaware River,
Camden, NJ.
(a) Definitions. The following definitions apply to this section:
(1) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Delaware Bay with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all vessels participating in the Red Bull
Flugtag Camden under the auspices of a Marine Event Permit issued to
the event sponsor and approved by Commander, Coast Guard Sector
Delaware Bay.
(4) Regulated area includes the boundary described as originating
from the shoreline then west to 39[deg]56'54'' N, 075[deg]07'59'' W
then north to 39[deg]56'58'' N, 075[deg]07'58'' W then east to the
shoreline.
(b) Regulations. (1) Except for event participants and persons or
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the event area.
(c) Effective period. This section will be enforced from 10 a.m. to
5 p.m. on September 15, 2012.
Dated: July 26, 2012.
T. C. Wiemers,
Captain, U.S. Coast Guard, Acting Captain of the Port, Delaware Bay.
[FR Doc. 2012-19345 Filed 8-7-12; 8:45 am]
BILLING CODE 9110-04-P