Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone, 11798-11803 [2013-03826]
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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.
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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
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While you can ask us in your comment
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cannot guarantee that we will be able to
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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
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date until everyone scheduled to speak
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Public Meeting or Teleconference
If there is only limited interest in
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CONTACT. All meetings will be open to
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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
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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
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:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email 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:
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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.
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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–2012–1084] 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.
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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–2012–1084) 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-
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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
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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.
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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
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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
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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.
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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:
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§ 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
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(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.
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(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
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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
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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
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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
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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.
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SUMMARY:
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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
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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)).
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email 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 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-2012-1084] 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 https://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
