Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone, 11798-11803 [2013-03826]

Download as PDF 11798 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Proposed Rules May 4, 2012, includes both emergency and non-emergency proposed regulations that revise their bonding regulations. We invite you to comment on both the emergency and nonemergency provisions of this proposed amendment. Specifically, under 30 CFR 732.17(h), we seek your comments on whether the provisions of this amendment meet the applicable regulatory program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program. Electronic or Written Comments Send your written comments to OSM using one of the methods described under ADDRESSES. Please include the Docket ID ‘‘OSM–2012–0014’’ at the beginning of all comments. Your comments should be specific, pertain only to the Kentucky amendment discussed in this rulemaking, and include explanations in support of your recommendations. We cannot ensure that comments received after the close of the comment period (see DATES) or at locations other than the Federal eRulemaking Portal or the OSM location listed in ADDRESSES will be included in the docket for this rulemaking or considered in the development of a final rule. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment–including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment 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 a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., Eastern Time), on March 7, 2013. If you are disabled and need reasonable accommodation 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 a public hearing provide us with a written copy of his or her testimony. The public hearing will continue on the specified VerDate Mar<15>2010 14:24 Feb 19, 2013 Jkt 229001 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 or Teleconference If there is only limited interest in participating in a public hearing, we may hold a public meeting, in person or by teleconference, in place of 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 meetings will be open to the public and, if possible, we will post notice of meetings at the locations listed under ADDRESSES. We will include a written summary of each meeting in the administrative record. IV. Procedural Matters and Required Determinations. Executive Order 12866—Regulatory Planning and Review This rule is exempt 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 917 Intergovernmental relations, Surface mining, Underground mining. Dated: January 11, 2013. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2013–03779 Filed 2–19–13; 8:45 am] BILLING CODE 4310–05–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2012–1084] RIN 1625–AA00 Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend and establish regulations requiring safety zones for firework events that take place annually within the Captain of the Port Zone Buffalo. This proposed rule is intended to amend and establish restrictions on vessel access to designated areas on U.S. navigable waterways during certain fireworks displays. The safety zones amended and established by this proposed rule are necessary to protect spectators, participants, and vessels from the hazards associated with fireworks displays. DATES: Comments and related material must be received by the Coast Guard on or before March 22, 2013. ADDRESSES: You may submit comments identified by docket number USCG– 2012–1084 using any one of the following methods: (1) Federal eRulemaking Portal: http://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 LT Christopher Mercurio, Chief of Waterway Management, U.S. Coast Guard Sector Buffalo; telephone (716) 843–9573, email SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, SUMMARY: E:\FR\FM\20FEP1.SGM 20FEP1 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Proposed Rules 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 http:// www.regulations.gov and will include any personal information you have provided. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 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 http:// 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 http://www.regulations.gov, type the docket number [USCG–2012–1084] 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. VerDate Mar<15>2010 14:24 Feb 19, 2013 Jkt 229001 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG–2012–1084) 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 On June 18, 2008, the Coast Guard put 33 CFR 165.939 into effect, which established several permanent safety zones within U.S. navigable waters under the jurisdiction of the Captain of the Port Buffalo (73 FR 28704). Specifically, twenty-six permanent safety zones were established then. These safety zones were put in place to protect the boating public from hazards associated with annually recurring fireworks displays that take place over U.S. navigable waterways. Since those twenty-six safety zones were established in June of 2008, the Coast Guard has not amended 33 CFR 165.939. This NPRM was not preceded by an Advance Notice of Proposed Rulemaking (ANPRM), and thus no public comments have yet to be received. C. Basis and Purpose As stated above, 33 CFR 165.939 currently lists twenty-six permanent safety zones within the Captain of the Port Zone Buffalo. Each of these twenty- PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 11799 six safety zones corresponds to an annually recurring fireworks display. During a recent review of 33 CFR 165.939, it was determined that event details for seventeen recurring fireworks displays have changed, seven additional recurring fireworks displays now require that permanent safety zones be implemented, and four permanent safety zones require disestablishment because the corresponding fireworks displays have not occurred for an extended time. In addition, it was noted that the coordinates for the safety zones corresponding with the Browns Football Half time Fireworks and the Lorain Port Fest Fireworks are formatted differently than the other safety zones. Finally, it was noted that the radius of the safety zone associated with the Lorain Port Fest Fireworks is in yards as opposed to feet. With the above findings in mind, the Coast Guard proposes to amend 33 CFR 165.939 to disestablish four safety zones; to revise the enforcement period, the size, and the location of seventeen other safety zones; and to establish seven new safety zones. Likewise, this proposed rule will amend the Browns Football Half time and the Lorain Port Fest safety zones, to include changing the format of the coordinates and the radius size from yards to feet. The Captain of the Port Buffalo has determined that this proposed amendment is necessary to protect spectators and participants from the hazards associated with maritime fireworks displays. D. Discussion of Proposed Rule For all of the above reasons, the Captain of the Port Buffalo proposes to amend 33 CFR 165.939. Specifically, this proposed rule will revise § 165.939 in its entirety. This revision will include modifications made to the size, location, and enforcement period for seventeen safety zones, the disestablishment of four safety zones, two technical amendments, and the establishment of seven additional safety zones. In total, after this proposed rule goes into effect, 33 CFR 165.939 will contain a total of twenty-nine permanent safety zones. Although this proposed rule will remain in effect year round, the safety zones within it will be enforced only immediately before, during, and after each corresponding event. The Captain of the Port Buffalo will use all appropriate means to notify the public when the zones in this proposal will be enforced. Consistent with 33 CFR 164.7(a), such means may include, among other things, publication in the Federal Register and Broadcast Notice to Mariners notifying the public when E:\FR\FM\20FEP1.SGM 20FEP1 11800 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Proposed Rules enforcement of a safety zone in this section is cancelled. Entry into, transiting, or anchoring within the proposed safety zones is prohibited unless authorized by the Captain of the Port Buffalo or his onscene representative. The Captain of the Port or his on-scene representative may be contacted via VHF Channel 16. 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. wreier-aviles on DSK5TPTVN1PROD 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. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this proposed rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zones contained in this proposed rule will be relatively small and enforced for relatively short time. Also, the safety zones are designed to minimize their impact on navigable waters. Furthermore, the safety zones have been designed to allow vessels to transit around them. Thus, restrictions on vessel movement within the particular areas are expected to be minimal. Under certain conditions, moreover, vessels may still transit through a safety zone when permitted by the Captain of the Port Buffalo. 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 would affect the following entities, some of which might be small entities: The owners and VerDate Mar<15>2010 14:24 Feb 19, 2013 Jkt 229001 operators of vessels intending to transit or anchor in any one of the below safety zones while the safety zone is being enforced. The below safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: each safety zone in this proposed rule will be in effect for only a few hours within any given 24 hour period. Each of the safety zones will be in effect only once per year. Furthermore, these safety zones have been designed to allow traffic to pass safely around each zone. Moreover, vessels will be allowed to pass through each zone at the discretion of the Captain of the Port Buffalo, or his or her designated representative. 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. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. E:\FR\FM\20FEP1.SGM 20FEP1 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Proposed Rules 13. 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 the establishment and disestablishment of safety zones and, therefore it 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 a preliminary Categorical Exclusion Determination are 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 AREAS 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. Revise § 165.939 to read as follows: wreier-aviles on DSK5TPTVN1PROD with PROPOSALS § 165.939 Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone. (a) Safety Zones. The following are designated as safety zones: (1) Boldt Castle 4th of July Fireworks, Heart Island, NY (i) Location. All U.S. waters of the Saint Lawrence River within a 1,120 foot radius of land position 44°20′38.5″ N, 075°55′19.1″ W (NAD 83) at Heart Island, NY. (ii) Enforcement Date and Time. From 8:30 p.m. to 10:30 p.m. on July 4 of each year. (2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY VerDate Mar<15>2010 14:24 Feb 19, 2013 Jkt 229001 (i) Location. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 44°15′04″ N, 076°05′40″ W (NAD 83) at Calumet Island, NY. (ii) Enforcement Date and Time. From 9:00 p.m. to 11:30 p.m. on July 3 of each year. (3) French Festival Fireworks, Cape Vincent, NY (i) Location. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 44°07′54.6″ N, 076°20′01.3″ W (NAD 83) in Cape Vincent, NY. (ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on the second weekend of July each year. (4) Lyme Community Days, Chaumont, NY (i) Location. All U.S. waters of Chaumont Bay within a 560 foot radius of position 44°04′06.3″ N, 076°08′56.8″ W (NAD 83) in Chaumont, NY. (ii) Enforcement Date and Time. From 8:30 p.m. to 11:00 p.m. on the fourth weekend of July each year. (5) Village Fireworks, Sackets Harbor, NY (i) Location. All U.S. waters of Black River Bay within an 840 foot radius of position 43°56′51.9″ N, 076°07′46.9″ W (NAD 83) in Sackets Harbor, NY. (ii) Enforcement Date and Time. From 8:30 p.m. to 10:30 p.m. on July 4 each year. (6) Can-Am Festival, Sackets Harbor, NY (i) Location. All U.S. waters of Black River Bay within a 1,120 foot radius of position 43°57′15.9″ N, 076°06′39.2″ W (NAD 83) in Sackets Harbor, NY. (ii) Enforcement Date and Time. From 9:00 p.m. to 10:45 p.m. on the third weekend of July each year. (7) Oswego Harborfest, Oswego, NY (i) Location. All U.S. waters of Lake Ontario within a 1,000 foot radius of position 43°28′10″ N, 076°31′04″ W (NAD 83) in Oswego, NY. (ii) Enforcement Date and Time. From 9:00 to 10:30 p.m. on the last Saturday of July each year. (8) Brewerton Fireworks, Brewerton, NY (i) Location. All U.S. waters of Lake Oneida within an 840 foot radius of barge position 43°14′16.4″ N, 076°08′03.6″ W (NAD 83) in Brewerton, NY. (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on July 3 of each year. (9) Celebrate Baldwinsville Fireworks, Baldwinsville, NY (i) Location. All U.S. waters of the Seneca River within a 700 foot radius of land position 43°09′24.9″ N, 076°20′18.9″ W (NAD 83) in Baldwinsville, NY. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 11801 (ii) Enforcement Date and Time. From 9:00 p.m. to 11:00 p.m. on the first weekend of July each year. (10) Island Festival Fireworks, Baldwinsville, NY (i) Location. All U.S. waters of the Seneca River within a 1,120 foot radius of land position 43°09′22″ N, 076°20′15″ W (NAD 83) in Baldwinsville, NY. (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on the first weekend of July each year. (11) Seneca River Days, Baldwinsville, NY (i) Location. All U.S. waters of the Seneca River within an 840 foot radius of land position 43°09′25″ N, 076°20′21″ W (NAD 83) in Baldwinsville, NY. (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on the second weekend of July each year. (12) City of Syracuse Fireworks Celebration, Syracuse, NY (i) Location. All U.S. waters of Onondaga Lake within a 350 foot radius of land position 43°03′37″ N, 076°09′59″ W (NAD 83) in Syracuse, NY. (ii) Enforcement Date and Time. From 9:30 p.m. to 10:30 p.m. on the last weekend of June each year. (13) Tom Graves Memorial Fireworks, Port Bay, NY (i) Location. All U.S. waters of Port Bay within an 840 foot radius of barge position 43°18′14.8″ N, 076°50′17.3″ W (NAD 83) in Port Bay, NY. (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on July 3 of each year. (14) Village Fireworks, Sodus Point, NY (i) Location. All U.S. waters of Sodus Bay within a 1,120 foot radius of land position 43°16′28.7″ N, 076°58′27.5″ W (NAD 83) in Sodus Point, NY. (ii) Enforcement Date and Time. From 9:30 p.m. to 10:30 p.m. on July 3 of each year. (15) Rochester Harbor and Carousel Festival, Rochester, NY (i) Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of land position 43°15′40.2″ N, 077°36′05.1″ W (NAD 83) in Rochester, NY. (ii) Enforcement Date and Time. From 8:00 p.m. to 10:00 p.m. on the fourth Monday of each year. (16) A Salute to our Heroes, Hamlin Beach State Park, NY (i) Location. All U.S. waters of Lake Ontario within a 560 foot radius of land position 43°21′51.9″ N, 077°56′59.6″ W (NAD 83) in Hamlin, NY. (ii) Enforcement Date and Time. From 9:45 p.m. to 11:30 p.m. on the first weekend of July each year. (17) Olcott Fireworks, Olcott, NY (i) Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of E:\FR\FM\20FEP1.SGM 20FEP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 11802 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Proposed Rules land position 43°20′23.6″ N, 078°43′09.5″ W (NAD 83) in Olcott, NY. (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on July 3 of each year. (18) North Tonawanda Fireworks, North Tonawanda, NY (i) Location. All U.S. waters of the East Niagara River within a 1,400 foot radius of land position 43°01′39.6″ N, 078°53′07.5″ W (NAD 83) in North Tonawanda, NY. (ii) Enforcement Date and Time. From 8:45 p.m. to 10:15 p.m. on July 4 of each year. (19) Tonawanda’s Canal Fest Fireworks, Tonawanda, NY (i) Location. All U.S. waters of the East Niagara River within a 210 foot radius of land position 43°01′17.8″ N, 078°52′40.9″ W (NAD 83) in Tonawanda, NY. (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on the fourth Sunday of July each year. (20) Celebrate Erie Fireworks, Erie, PA (i) Location. All U.S. waters of Presque Isle Bay within an 800 foot radius of land position 42°08′19″ N, 080°05′29″ W (NAD 83) in Erie, PA. (ii) Enforcement Date and Time. From 9:45 p.m. to 10:30 p.m. on the third weekend of August each year. (21) Conneaut Fourth of July Fireworks, Conneaut, OH (i) Location. All U.S. waters of Lake Erie within an 840 foot radius of position 41°58′01.3″ N, 080°33′39.5″ W (NAD 83) in Erie, PA. (ii) Enforcement Date and Time. From 9:00 p.m. to 11:30 p.m. on the first Sunday of July each year. (22) Fairport Harbor Mardi Gras, Fairport, OH (i) Location. All U.S. waters of Lake Erie within a 350 foot radius of land position 41°45′30″ N, 081°16′18″ W (NAD 83) east of the harbor entrance at Fairport Harbor Beach, OH. (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. at the beginning of the second week of July each year. (23) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH (i) Location. All U.S. waters of Lake Erie and Mentor Harbor within a 700 foot radius of land position 41°43′36″ N, 081°21′09″ W (NAD 83) in Mentor Harbor, OH. (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on July 3 of each year. (24) Browns Football Halftime Fireworks, Cleveland, OH (i) Location. All U.S. waters of Cleveland Harbor and Lake Erie beginning in approximate land position 41°30′49.4″ N, 081°41′37.2″ W (the northwest corner of Burke Lakefront VerDate Mar<15>2010 14:24 Feb 19, 2013 Jkt 229001 Airport); continuing northwest to 41°31′10.6″ N, 081°41′53.0″ W; then southwest to 41°30′48.6″ N, 081°42′30.9″ W (the northwest corner of dock 28 at the Cleveland Port Authority) then northeast back to the starting point at 41°30′49.4″ N, 081°41′37.2″ W (NAD 83). (ii) Enforcement Date and Time. On a Sunday during the second or third Cleveland Browns home game each year. (25) City of Cleveland 4th of July, Cleveland, OH (i) Location. All U.S. waters of Lake Erie and Cleveland Harbor within a 1,000 foot radius of land position 41°30′10″ N, 081°42′36″ W (NAD 83) at Dock 20 in Cleveland, OH. (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on July 4 of each year. (26) Cleveland Yachting Club Fireworks Display, Rocky River, OH (i) Location. All U.S. waters of the Rocky River and Lake Erie within a 560 foot radius of land position 41°29′25.7″ N, 081°50′18.5″ W (NAD 83), at Sunset Point on the western side of the mouth of the Rocky River in Cleveland, OH. (ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on the second Thursday of July each year. (27) Sheffield Lake Fireworks, Sheffield Lake, OH (i) Location. All U.S. waters of Lake Erie within a 700 foot radius of land position 41°29′26.2″ N, 082°06′47.7″ W (NAD 83), at the lake front area in Sheffield Lake, OH. (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on the second Friday of July each year. (28) Lorain 4th of July Celebration Fireworks, Lorain, OH (i) Location. All U.S. waters of Lorain Harbor within a 1,400 foot radius of land position 41°28′35.5″ N, 082°10′51.3″ W (NAD 83), east of the harbor entrance on the end of the break wall near Spitzer’s Marina. (ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on July 4 of each year. (29) Lorain Port Fest Fireworks Display, Lorain, OH (i) Location. All U.S. waters of Lorain Harbor within a 750 foot radius of land position 41°28′02.4″ N, 082°10′21.9″ W (NAD 83) in Lorain, OH. (ii) Enforcement Date and Time. From 9:45 p.m. to 11:00 p.m. on the third weekend of July each year. (b) Definitions. The following definitions apply to this section: (1) Designated Representative means any Coast Guard commissioned, warrant, or petty officer designated by the Captain of the Port Buffalo to PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 monitor a safety zone, permit entry into the zone, give legally enforceable orders to persons or vessels within the zones, and take other actions authorized by the Captain of the Port. (2) Public vessels means vessels owned, chartered, or operated by the United States or by a State or political subdivision thereof. (c) Regulations. (1) In accordance with the general regulations in section 165.23 of this part, entry into, transiting, or anchoring within any of the safety zones contained in this section during a period of enforcement is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. (2)(i) These safety zones are closed to all vessel traffic, except as may be permitted by the Captain of the Port or his designated representative. (ii) All persons and vessels must comply with the instructions of the Captain of the Port Buffalo or his designated representative. (iii) Upon being hailed by the Coast Guard by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (3)(i) All vessels must obtain permission from the Captain of the Port or his designated representative to enter or move within any safety zone established in this section when the safety zone is enforced. (ii) Vessels and persons granted permission to enter a safety zone must obey all lawful orders or directions of the Captain of the Port or a designated representative. (iii) While within a safety zone, all vessels must operate at the minimum speed necessary to maintain a safe course. (d) Exemption. Public vessels, as defined in paragraph (b) of this section, are exempt from the requirements in this section. (e) Waiver. Upon finding that operational conditions or other circumstances are such that application of this section is unnecessary or impractical, the Captain of the Port Buffalo or his designated representative may waive any of the requirements of this section for any vessel. (f) Notification. The Captain of the Port Buffalo will notify the public when the zones in this section will be enforced by all appropriate means. In keeping with 33 CFR 165.7(a), such means of notification may include, but are not limited to Broadcast Notice to Mariners or Local Notice to Mariners and publication of Notices of Enforcement in the Federal Register. The Captain of the Port will issue a E:\FR\FM\20FEP1.SGM 20FEP1 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Proposed Rules Broadcast Notice to Mariners notifying the public when enforcement of the safety zone established by this section is cancelled. Dated: January 11, 2013. S.M. Wischmann, Captain, U. S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2013–03826 Filed 2–19–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Chapter III Proposed Waiver and Extension of the Project Period for the National Dropout Prevention Center for Students With Disabilities [Catalog of Federal Domestic Assistance (CFDA) Number: 84.326W.] Office of Special Education Programs (OSEP), Office of Special Education and Rehabilitative Services (OSERS), Department of Education. ACTION: Proposed waiver and extension of the project period. AGENCY: The Secretary proposes to waive the requirements in 34 CFR 75.250 and 75.261(a) and (c)(2) of the Education Department General Administrative Regulations that, respectively, generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds. The proposed waiver and extension of the project period would enable the currently funded National Dropout Prevention Center for Students with Disabilities to receive funding from October 1, 2013, through September 30, 2014. DATES: We must receive your comments on or before March 22, 2013. ADDRESSES: Address all comments about this proposed waiver and extension of the project period to Selete Avoke, U.S. Department of Education, 400 Maryland Avenue SW., room 4158, Potomac Center Plaza (PCP), Washington, DC 20202–2600. If you prefer to send your comments by email, use the following address: selete.avoke@ed.gov. You must include the phrase ‘‘Proposed waiver and extension of the project period’’ in the subject line of your message. FOR FURTHER INFORMATION CONTACT: Selete Avoke. Telephone: (202) 245– 7260 or by email: selete.avoke@ed.gov. If you use a telecommunications device for the deaf or a text telephone, call the Federal Relay Service, toll free, at 1–800–877–8339. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 14:24 Feb 19, 2013 Jkt 229001 SUPPLEMENTARY INFORMATION: Invitation to Comment: We invite you to submit comments regarding this proposed waiver and extension. During and after the comment period, you may inspect all public comments about this proposed waiver and extension of the project period in room 4158, PCP, 550 12th Street, SW., Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of each week, except Federal holidays. Assistance to Individuals with Disabilities in Reviewing the Rulemaking Record: On request, we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice of proposed waiver and extension of the project period. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT. Background On June 23, 2008, the Department published a notice in the Federal Register (73 FR 35376) inviting applications for new awards for fiscal year (FY) 2008 for a National Dropout Prevention Center for Students with Disabilities (Center). The establishment and operation of the Center was funded under the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities (TA&D) program, authorized under section 663 of the Individuals with Disabilities Education Act (IDEA). Its purpose is to provide States and local educational agencies (LEAs) with technical assistance (TA) on (1) implementing and evaluating effective comprehensive dropout prevention, reentry, and school completion models and practices for students with disabilities; (2) developing and improving data collection systems to track students at risk of dropping out; and (3) designing training for policymakers, administrators, and practitioners that will help them support efforts to improve dropout prevention, reentry, and school completion for students with disabilities. Based on the selection criteria published in the 2008 notice inviting applications, the Department made one award for a period of 60 months to Clemson University to establish the Center, which is currently known as the National Dropout Prevention Center for Students with Disabilities. The Center PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 11803 has the following four interrelated goals that reflect its overarching purpose: • Goal 1: Increase the awareness of policymakers, administrators, and practitioners about dropout prevention, reentry, and school completion. • Goal 2: Increase the number of States that set and meet reasonable and rigorous performance targets for State Performance Plan Indicators 1 1 and 2.2 • Goal 3: Help State educational agencies (SEAs) and LEAs develop and improve data systems to track students at risk of dropping out. • Goal 4: Help SEAs and LEAs implement and evaluate effective, comprehensive school-completion models, practices, and systems for students with disabilities. The Center works to accomplish these goals through a combination of activities in the following areas: (1) Knowledge development activities to synthesize what is currently known about dropout prevention for students with disabilities, and to develop a series of high-quality products that can be used by States in designing and developing effective dropout prevention programs; (2) TA to SEAs, LEAs, and organizations to increase their capacity to design and implement effective dropout prevention, reentry, and school completion models and practices; (3) collaboration with a variety of organizations that provide direct program services and TA to education agencies that provide educational programs and services to students with disabilities in order to prepare and disseminate information and materials that will increase the awareness and use of research-validated practices by a variety of audiences; and (4) dissemination of knowledge and information about effective dropout prevention programs, policies, and resources to SEAs and LEAs. The Center’s current project period is scheduled to end on September 30, 2013. We do not believe that it would be in the public interest to run a competition for a new Center this year because the Department is planning to change the organization of its TA activities to better meet the needs of States and LEAs for TA relating to transition to college and the workforce, including dropout prevention, for students with disabilities. We also have concluded that it would be contrary to the public interest to have a lapse in the provision of TA services currently 1 Indicator 1: Percent of youth with individualized education programs (IEPs) graduating from high school with a regular diploma (20 U.S.C. 1416 (a)(3)(A)). 2 Indicator 2: Percent of youth with IEPs dropping out of high school (20 U.S.C. 1416 (a)(3)(A)). E:\FR\FM\20FEP1.SGM 20FEP1

Agencies

[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Proposed Rules]
[Pages 11798-11803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03826]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1084]
RIN 1625-AA00


Safety Zones; Annual Fireworks Events in the Captain of the Port 
Buffalo Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend and establish regulations 
requiring safety zones for firework events that take place annually 
within the Captain of the Port Zone Buffalo. This proposed rule is 
intended to amend and establish restrictions on vessel access to 
designated areas on U.S. navigable waterways during certain fireworks 
displays. The safety zones amended and established by this proposed 
rule are necessary to protect spectators, participants, and vessels 
from the hazards associated with fireworks displays.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 22, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-1084 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://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 LT Christopher Mercurio, Chief of Waterway Management, 
U.S. Coast Guard Sector Buffalo; telephone (716) 843-9573, email 
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager,

[[Page 11799]]

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 http://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 
http://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 http://www.regulations.gov, 
type the docket number [USCG-2012-1084] 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 http://www.regulations.gov, 
type the docket number (USCG-2012-1084) 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

    On June 18, 2008, the Coast Guard put 33 CFR 165.939 into effect, 
which established several permanent safety zones within U.S. navigable 
waters under the jurisdiction of the Captain of the Port Buffalo (73 FR 
28704). Specifically, twenty-six permanent safety zones were 
established then. These safety zones were put in place to protect the 
boating public from hazards associated with annually recurring 
fireworks displays that take place over U.S. navigable waterways. Since 
those twenty-six safety zones were established in June of 2008, the 
Coast Guard has not amended 33 CFR 165.939. This NPRM was not preceded 
by an Advance Notice of Proposed Rulemaking (ANPRM), and thus no public 
comments have yet to be received.

C. Basis and Purpose

    As stated above, 33 CFR 165.939 currently lists twenty-six 
permanent safety zones within the Captain of the Port Zone Buffalo. 
Each of these twenty-six safety zones corresponds to an annually 
recurring fireworks display. During a recent review of 33 CFR 165.939, 
it was determined that event details for seventeen recurring fireworks 
displays have changed, seven additional recurring fireworks displays 
now require that permanent safety zones be implemented, and four 
permanent safety zones require disestablishment because the 
corresponding fireworks displays have not occurred for an extended 
time. In addition, it was noted that the coordinates for the safety 
zones corresponding with the Browns Football Half time Fireworks and 
the Lorain Port Fest Fireworks are formatted differently than the other 
safety zones. Finally, it was noted that the radius of the safety zone 
associated with the Lorain Port Fest Fireworks is in yards as opposed 
to feet. With the above findings in mind, the Coast Guard proposes to 
amend 33 CFR 165.939 to disestablish four safety zones; to revise the 
enforcement period, the size, and the location of seventeen other 
safety zones; and to establish seven new safety zones. Likewise, this 
proposed rule will amend the Browns Football Half time and the Lorain 
Port Fest safety zones, to include changing the format of the 
coordinates and the radius size from yards to feet. The Captain of the 
Port Buffalo has determined that this proposed amendment is necessary 
to protect spectators and participants from the hazards associated with 
maritime fireworks displays.

D. Discussion of Proposed Rule

    For all of the above reasons, the Captain of the Port Buffalo 
proposes to amend 33 CFR 165.939. Specifically, this proposed rule will 
revise Sec.  165.939 in its entirety. This revision will include 
modifications made to the size, location, and enforcement period for 
seventeen safety zones, the disestablishment of four safety zones, two 
technical amendments, and the establishment of seven additional safety 
zones. In total, after this proposed rule goes into effect, 33 CFR 
165.939 will contain a total of twenty-nine permanent safety zones. 
Although this proposed rule will remain in effect year round, the 
safety zones within it will be enforced only immediately before, 
during, and after each corresponding event.
    The Captain of the Port Buffalo will use all appropriate means to 
notify the public when the zones in this proposal will be enforced. 
Consistent with 33 CFR 164.7(a), such means may include, among other 
things, publication in the Federal Register and Broadcast Notice to 
Mariners notifying the public when

[[Page 11800]]

enforcement of a safety zone in this section is cancelled.
    Entry into, transiting, or anchoring within the proposed safety 
zones is prohibited unless authorized by the Captain of the Port 
Buffalo or his on-scene representative. The Captain of the Port or his 
on-scene representative may be contacted via VHF Channel 16.

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. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this proposed 
rule is not a significant regulatory action because we anticipate that 
it will have minimal impact on the economy, will not interfere with 
other agencies, will not adversely alter the budget of any grant or 
loan recipients, and will not raise any novel legal or policy issues. 
The safety zones contained in this proposed rule will be relatively 
small and enforced for relatively short time. Also, the safety zones 
are designed to minimize their impact on navigable waters. Furthermore, 
the safety zones have been designed to allow vessels to transit around 
them. Thus, restrictions on vessel movement within the particular areas 
are expected to be minimal. Under certain conditions, moreover, vessels 
may still transit through a safety zone when permitted by the Captain 
of the Port Buffalo.

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 would affect the following entities, some of 
which might be small entities: The owners and operators of vessels 
intending to transit or anchor in any one of the below safety zones 
while the safety zone is being enforced. The below safety zones will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons: each safety zone in this proposed 
rule will be in effect for only a few hours within any given 24 hour 
period. Each of the safety zones will be in effect only once per year. 
Furthermore, these safety zones have been designed to allow traffic to 
pass safely around each zone. Moreover, vessels will be allowed to pass 
through each zone at the discretion of the Captain of the Port Buffalo, 
or his or her designated representative.
    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. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

[[Page 11801]]

13. 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 the establishment and disestablishment of safety zones and, 
therefore it 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 a preliminary Categorical Exclusion Determination are 
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 AREAS AND LIMITED ACCESS AREAS

0
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.

0
2. Revise Sec.  165.939 to read as follows:


Sec.  165.939  Safety Zones; Annual Fireworks Events in the Captain of 
the Port Buffalo Zone.

    (a) Safety Zones. The following are designated as safety zones:
    (1) Boldt Castle 4th of July Fireworks, Heart Island, NY
    (i) Location. All U.S. waters of the Saint Lawrence River within a 
1,120 foot radius of land position 44[deg]20'38.5'' N, 
075[deg]55'19.1'' W (NAD 83) at Heart Island, NY.
    (ii) Enforcement Date and Time. From 8:30 p.m. to 10:30 p.m. on 
July 4 of each year.
    (2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY
    (i) Location. All U.S. waters of the Saint Lawrence River within an 
840 foot radius of land position 44[deg]15'04'' N, 076[deg]05'40'' W 
(NAD 83) at Calumet Island, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 11:30 p.m. on 
July 3 of each year.
    (3) French Festival Fireworks, Cape Vincent, NY
    (i) Location. All U.S. waters of the Saint Lawrence River within an 
840 foot radius of land position 44[deg]07'54.6'' N, 076[deg]20'01.3'' 
W (NAD 83) in Cape Vincent, NY.
    (ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on the 
second weekend of July each year.
    (4) Lyme Community Days, Chaumont, NY
    (i) Location. All U.S. waters of Chaumont Bay within a 560 foot 
radius of position 44[deg]04'06.3'' N, 076[deg]08'56.8'' W (NAD 83) in 
Chaumont, NY.
    (ii) Enforcement Date and Time. From 8:30 p.m. to 11:00 p.m. on the 
fourth weekend of July each year.
    (5) Village Fireworks, Sackets Harbor, NY
    (i) Location. All U.S. waters of Black River Bay within an 840 foot 
radius of position 43[deg]56'51.9'' N, 076[deg]07'46.9'' W (NAD 83) in 
Sackets Harbor, NY.
    (ii) Enforcement Date and Time. From 8:30 p.m. to 10:30 p.m. on 
July 4 each year.
    (6) Can-Am Festival, Sackets Harbor, NY
    (i) Location. All U.S. waters of Black River Bay within a 1,120 
foot radius of position 43[deg]57'15.9'' N, 076[deg]06'39.2'' W (NAD 
83) in Sackets Harbor, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:45 p.m. on the 
third weekend of July each year.
    (7) Oswego Harborfest, Oswego, NY
    (i) Location. All U.S. waters of Lake Ontario within a 1,000 foot 
radius of position 43[deg]28'10'' N, 076[deg]31'04'' W (NAD 83) in 
Oswego, NY.
    (ii) Enforcement Date and Time. From 9:00 to 10:30 p.m. on the last 
Saturday of July each year.
    (8) Brewerton Fireworks, Brewerton, NY
    (i) Location. All U.S. waters of Lake Oneida within an 840 foot 
radius of barge position 43[deg]14'16.4'' N, 076[deg]08'03.6'' W (NAD 
83) in Brewerton, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on 
July 3 of each year.
    (9) Celebrate Baldwinsville Fireworks, Baldwinsville, NY
    (i) Location. All U.S. waters of the Seneca River within a 700 foot 
radius of land position 43[deg]09'24.9'' N, 076[deg]20'18.9'' W (NAD 
83) in Baldwinsville, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 11:00 p.m. on the 
first weekend of July each year.
    (10) Island Festival Fireworks, Baldwinsville, NY
    (i) Location. All U.S. waters of the Seneca River within a 1,120 
foot radius of land position 43[deg]09'22'' N, 076[deg]20'15'' W (NAD 
83) in Baldwinsville, NY.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on the 
first weekend of July each year.
    (11) Seneca River Days, Baldwinsville, NY
    (i) Location. All U.S. waters of the Seneca River within an 840 
foot radius of land position 43[deg]09'25'' N, 076[deg]20'21'' W (NAD 
83) in Baldwinsville, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on the 
second weekend of July each year.
    (12) City of Syracuse Fireworks Celebration, Syracuse, NY
    (i) Location. All U.S. waters of Onondaga Lake within a 350 foot 
radius of land position 43[deg]03'37'' N, 076[deg]09'59'' W (NAD 83) in 
Syracuse, NY.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 10:30 p.m. on the 
last weekend of June each year.
    (13) Tom Graves Memorial Fireworks, Port Bay, NY
    (i) Location. All U.S. waters of Port Bay within an 840 foot radius 
of barge position 43[deg]18'14.8'' N, 076[deg]50'17.3'' W (NAD 83) in 
Port Bay, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on 
July 3 of each year.
    (14) Village Fireworks, Sodus Point, NY
    (i) Location. All U.S. waters of Sodus Bay within a 1,120 foot 
radius of land position 43[deg]16'28.7'' N, 076[deg]58'27.5'' W (NAD 
83) in Sodus Point, NY.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 10:30 p.m. on 
July 3 of each year.
    (15) Rochester Harbor and Carousel Festival, Rochester, NY
    (i) Location. All U.S. waters of Lake Ontario within a 1,120 foot 
radius of land position 43[deg]15'40.2'' N, 077[deg]36'05.1'' W (NAD 
83) in Rochester, NY.
    (ii) Enforcement Date and Time. From 8:00 p.m. to 10:00 p.m. on the 
fourth Monday of each year.
    (16) A Salute to our Heroes, Hamlin Beach State Park, NY
    (i) Location. All U.S. waters of Lake Ontario within a 560 foot 
radius of land position 43[deg]21'51.9'' N, 077[deg]56'59.6'' W (NAD 
83) in Hamlin, NY.
    (ii) Enforcement Date and Time. From 9:45 p.m. to 11:30 p.m. on the 
first weekend of July each year.
    (17) Olcott Fireworks, Olcott, NY
    (i) Location. All U.S. waters of Lake Ontario within a 1,120 foot 
radius of

[[Page 11802]]

land position 43[deg]20'23.6'' N, 078[deg]43'09.5'' W (NAD 83) in 
Olcott, NY.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on 
July 3 of each year.
    (18) North Tonawanda Fireworks, North Tonawanda, NY
    (i) Location. All U.S. waters of the East Niagara River within a 
1,400 foot radius of land position 43[deg]01'39.6'' N, 
078[deg]53'07.5'' W (NAD 83) in North Tonawanda, NY.
    (ii) Enforcement Date and Time. From 8:45 p.m. to 10:15 p.m. on 
July 4 of each year.
    (19) Tonawanda's Canal Fest Fireworks, Tonawanda, NY
    (i) Location. All U.S. waters of the East Niagara River within a 
210 foot radius of land position 43[deg]01'17.8'' N, 078[deg]52'40.9'' 
W (NAD 83) in Tonawanda, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on the 
fourth Sunday of July each year.
    (20) Celebrate Erie Fireworks, Erie, PA
    (i) Location. All U.S. waters of Presque Isle Bay within an 800 
foot radius of land position 42[deg]08'19'' N, 080[deg]05'29'' W (NAD 
83) in Erie, PA.
    (ii) Enforcement Date and Time. From 9:45 p.m. to 10:30 p.m. on the 
third weekend of August each year.
    (21) Conneaut Fourth of July Fireworks, Conneaut, OH
    (i) Location. All U.S. waters of Lake Erie within an 840 foot 
radius of position 41[deg]58'01.3'' N, 080[deg]33'39.5'' W (NAD 83) in 
Erie, PA.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 11:30 p.m. on the 
first Sunday of July each year.
    (22) Fairport Harbor Mardi Gras, Fairport, OH
    (i) Location. All U.S. waters of Lake Erie within a 350 foot radius 
of land position 41[deg]45'30'' N, 081[deg]16'18'' W (NAD 83) east of 
the harbor entrance at Fairport Harbor Beach, OH.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. at the 
beginning of the second week of July each year.
    (23) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH
    (i) Location. All U.S. waters of Lake Erie and Mentor Harbor within 
a 700 foot radius of land position 41[deg]43'36'' N, 081[deg]21'09'' W 
(NAD 83) in Mentor Harbor, OH.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on 
July 3 of each year.
    (24) Browns Football Halftime Fireworks, Cleveland, OH
    (i) Location. All U.S. waters of Cleveland Harbor and Lake Erie 
beginning in approximate land position 41[deg]30'49.4'' N, 
081[deg]41'37.2'' W (the northwest corner of Burke Lakefront Airport); 
continuing northwest to 41[deg]31'10.6'' N, 081[deg]41'53.0'' W; then 
southwest to 41[deg]30'48.6'' N, 081[deg]42'30.9'' W (the northwest 
corner of dock 28 at the Cleveland Port Authority) then northeast back 
to the starting point at 41[deg]30'49.4'' N, 081[deg]41'37.2'' W (NAD 
83).
    (ii) Enforcement Date and Time. On a Sunday during the second or 
third Cleveland Browns home game each year.
    (25) City of Cleveland 4th of July, Cleveland, OH
    (i) Location. All U.S. waters of Lake Erie and Cleveland Harbor 
within a 1,000 foot radius of land position 41[deg]30'10'' N, 
081[deg]42'36'' W (NAD 83) at Dock 20 in Cleveland, OH.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on 
July 4 of each year.
    (26) Cleveland Yachting Club Fireworks Display, Rocky River, OH
    (i) Location. All U.S. waters of the Rocky River and Lake Erie 
within a 560 foot radius of land position 41[deg]29'25.7'' N, 
081[deg]50'18.5'' W (NAD 83), at Sunset Point on the western side of 
the mouth of the Rocky River in Cleveland, OH.
    (ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on the 
second Thursday of July each year.
    (27) Sheffield Lake Fireworks, Sheffield Lake, OH
    (i) Location. All U.S. waters of Lake Erie within a 700 foot radius 
of land position 41[deg]29'26.2'' N, 082[deg]06'47.7'' W (NAD 83), at 
the lake front area in Sheffield Lake, OH.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on the 
second Friday of July each year.
    (28) Lorain 4th of July Celebration Fireworks, Lorain, OH
    (i) Location. All U.S. waters of Lorain Harbor within a 1,400 foot 
radius of land position 41[deg]28'35.5'' N, 082[deg]10'51.3'' W (NAD 
83), east of the harbor entrance on the end of the break wall near 
Spitzer's Marina.
    (ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on 
July 4 of each year.
    (29) Lorain Port Fest Fireworks Display, Lorain, OH
    (i) Location. All U.S. waters of Lorain Harbor within a 750 foot 
radius of land position 41[deg]28'02.4'' N, 082[deg]10'21.9'' W (NAD 
83) in Lorain, OH.
    (ii) Enforcement Date and Time. From 9:45 p.m. to 11:00 p.m. on the 
third weekend of July each year.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Buffalo 
to monitor a safety zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zones, and take 
other actions authorized by the Captain of the Port.
    (2) Public vessels means vessels owned, chartered, or operated by 
the United States or by a State or political subdivision thereof.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of 
this part, entry into, transiting, or anchoring within any of the 
safety zones contained in this section during a period of enforcement 
is prohibited unless authorized by the Captain of the Port Buffalo or 
his designated on-scene representative.
    (2)(i) These safety zones are closed to all vessel traffic, except 
as may be permitted by the Captain of the Port or his designated 
representative.
    (ii) All persons and vessels must comply with the instructions of 
the Captain of the Port Buffalo or his designated representative.
    (iii) Upon being hailed by the Coast Guard by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed 
as directed.
    (3)(i) All vessels must obtain permission from the Captain of the 
Port or his designated representative to enter or move within any 
safety zone established in this section when the safety zone is 
enforced.
    (ii) Vessels and persons granted permission to enter a safety zone 
must obey all lawful orders or directions of the Captain of the Port or 
a designated representative.
    (iii) While within a safety zone, all vessels must operate at the 
minimum speed necessary to maintain a safe course.
    (d) Exemption. Public vessels, as defined in paragraph (b) of this 
section, are exempt from the requirements in this section.
    (e) Waiver. Upon finding that operational conditions or other 
circumstances are such that application of this section is unnecessary 
or impractical, the Captain of the Port Buffalo or his designated 
representative may waive any of the requirements of this section for 
any vessel.
    (f) Notification. The Captain of the Port Buffalo will notify the 
public when the zones in this section will be enforced by all 
appropriate means. In keeping with 33 CFR 165.7(a), such means of 
notification may include, but are not limited to Broadcast Notice to 
Mariners or Local Notice to Mariners and publication of Notices of 
Enforcement in the Federal Register. The Captain of the Port will issue 
a

[[Page 11803]]

Broadcast Notice to Mariners notifying the public when enforcement of 
the safety zone established by this section is cancelled.

    Dated: January 11, 2013.
S.M. Wischmann,
Captain, U. S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2013-03826 Filed 2-19-13; 8:45 am]
BILLING CODE 9110-04-P