Safety Zone; Fairfield Estates Fireworks Display, Atlantic Ocean, Sagaponack, NY, 25008-25011 [2013-09852]

Download as PDF 25008 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules Issued in Washington, DC, on April 22, 2013. Gary A. Norek, Manager, Airspace Policy and ATC Procedures Group. [FR Doc. 2013–10039 Filed 4–26–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE INTERIOR Office of Natural Resources Revenue [Docket No. ONRR–2011–0007; DS63610300 DR2PS0000.CH7000 134D0102R2] Meetings are open to the public without advanced registration on a space-available basis. Minutes of this meeting will be available for public inspection and copying at our offices in Building 85 on the Denver Federal Center in Lakewood, Colorado, or are available at www.onrr.gov/Laws_R_D/ IONR. ONRR conducts these meetings under the authority of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., Appendix 2, Section 1 et seq.). 30 CFR Part 1206 Indian Oil Valuation Negotiated Rulemaking Committee; Meeting Dated: April 15, 2013. Gregory J. Gould, Director, Office of Natural Resources Revenue. [FR Doc. 2013–09713 Filed 4–26–13; 8:45 am] BILLING CODE 4310–T2–P Office of Natural Resources Revenue, Interior. ACTION: Meeting. AGENCY: The Office of Natural Resources Revenue (ONRR) announces additional meetings for the Indian Oil Valuation Negotiated Rulemaking Committee (Committee). The Committee membership includes representatives from Indian tribes, individual Indian mineral owner organizations, minerals industry representatives, and other Federal bureaus. DATES: Tuesday and Wednesday, June 4 and 5, 2013; Tuesday and Wednesday, August 6 and 7, 2013; and Monday and Tuesday, September 16 and 17, 2013. All meetings will run from 8:30 a.m. to 5 p.m. Mountain Time for all dates. The public will have the opportunity to comment between 2 p.m. and 3 p.m. Mountain Time on June 5, August 7, and September 17, 2013. ADDRESSES: ONRR will hold the tenth, eleventh, and twelfth meetings at the Denver Federal Center, 6th Ave and Kipling, Bldg. 85 Auditorium, Lakewood, CO 80225. FOR FURTHER INFORMATION CONTACT: Mr. Karl Wunderlich, ONRR, at (303) 231– 3663; or (303) 231–3744 via fax; or via email karl.wunderlich@onrr.gov. SUPPLEMENTARY INFORMATION: ONRR formed the Committee on December 8, 2011, to develop specific recommendations regarding proposed revisions to the existing regulations for oil production from Indian leases, especially the major portion requirement. The Committee includes representatives of parties that the final rule will affect. It will act solely in an advisory capacity to ONRR and will neither exercise program management responsibility nor make decisions directly affecting the matters on which it provides advice. emcdonald on DSK67QTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:30 Apr 26, 2013 Jkt 229001 DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket Number USCG–2013–0212] RIN 1625–AA00 Safety Zone; Fairfield Estates Fireworks Display, Atlantic Ocean, Sagaponack, NY Coast Guard, DHS. Notice of Proposed Rulemaking. AGENCY: The Coast Guard proposes to establish a temporary safety zone on the navigable waters of the Atlantic Ocean, in Sagaponack, NY for the Fairfield Estates fireworks display. This action is necessary to provide for the safety of life on navigable waters during the event. Entering into, transiting through, remaining, anchoring or mooring within this regulated area would be prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound. DATES: Comments and related material must be received by the Coast Guard on or before May 29, 2013. Requests for public meetings must be received by the Coast Guard on or before May 6, 2013. ADDRESSES: You may submit comments identified by docket number 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 SUMMARY: PO 00000 Frm 00004 Fmt 4702 Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking 33 CFR Part 165 ACTION: 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 rulemaking, call or email Petty Officer Scott Baumgartner, Prevention Department, Coast Guard Sector Long Island Sound, (203) 468–4428, Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Sfmt 4702 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–2013–0212] in E:\FR\FM\29APP1.SGM 29APP1 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG–2013–0212) 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). emcdonald on DSK67QTVN1PROD with PROPOSALS 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 on or before May 6, 2013. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information This is a first time event with no regulatory history. C. Basis and Purpose The legal basis for this temporary rule is 33 U.S.C. 1231; 46 U.S.C. chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; VerDate Mar<15>2010 14:14 Apr 26, 2013 Jkt 229001 Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 which collectively authorize the Coast Guard to define regulatory safety zones. This temporary regulation is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks display. D. Discussion of Proposed Rule This temporary rule proposes to establish a safety zone for the Fairfield Estates fireworks display. This proposed regulated area includes all waters of the Atlantic Ocean within a 1000 foot radius of the fireworks barge located 1000 feet south of the Fairfield Estate in Sagaponack, NY. This rule will be effective from 8:30 p.m. on August 1, 2013 through 10:30 p.m. on August 2, 2013. The fireworks display is scheduled to occur from 8:30 p.m. until 10:30 p.m. on August 1, 2013. If the event is cancelled due to inclement weather, then this regulation will be enforced from 8:30 p.m. until 10:30 p.m. on August 2, 2012. Because spectator vessels are expected to congregate around the location of the fireworks display, this regulated area is necessary to protect both spectators and participants from the hazards created by unexpected pyrotechnics detonation, and burning debris. This proposed rule would temporarily establish a regulated area to restrict vessel movement around the location of the fireworks display to reduce the safety risks associated with it. To aid the public in identifying the launch platform; fireworks barges used for this display will have a sign on their port and starboard side labeled ‘‘FIREWORKS—STAY AWAY.’’ This sign will consist of 10 inch high by 1.5 inch wide red lettering on a white background. Public notifications may be made to the local maritime community prior to the event through the Local Notice to Mariners, and Broadcast Notice to Mariners. 25009 Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The Coast Guard determined that this rulemaking would not be a significant regulatory action for the following reasons: The regulated area will be of limited duration, the area covers only a small portion of the navigable waterways and waterway users may transit around the area. Also, mariners may request permission from the COTP Sector Long Island Sound or the designated representative to transit the zone. Advanced public notifications will also be made to the local maritime community through the Local Notice to Mariners as well as Broadcast Notice to Mariners. 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. 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. Those potentially impacted include owners or operators of vessels intending to enter, transit, anchor or moor within the regulated area during the effective period. The temporary safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: The regulated area will be of limited size and of short duration and mariners may request permission from the COTP Sector Long Island Sound or the designated representative to transit the zone. Notifications will be made to the maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the event. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\29APP1.SGM 29APP1 25010 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules 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. 9. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 5. Federalism 10. Protection of Children From Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 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. 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 6. Protest Activities 12. Energy Effects This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 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.). The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act emcdonald on DSK67QTVN1PROD with PROPOSALS The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. VerDate Mar<15>2010 14:14 Apr 26, 2013 Jkt 229001 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves establishing a safety zone. This rule may be 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 Categorical Exclusion Determination are PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0212 to read as follows: ■ § 165.T01-0212 Safety Zone; Fairfield Estates Fireworks Display, Atlantic Ocean, Sagaponack, NY. (a) Location. The following area is a safety zone: All waters of the Atlantic Ocean within a 1000-foot radius of the fireworks barge located off the Fairfield Estate in Sagaponack, NY approximate position 40°54′26.97″ N, 072°15′9.39″ W North American Datum 1983. (b) Enforcement Period. This rule will be enforced from 8:30 p.m. until 10:30 p.m. on August 1, 2013. If the event is postponed due to inclement weather, then this rule will be enforced from 8:30 p.m. until 10:30 p.m. on August 2, 2013. (c) Regulations. The general regulations contained in 33 CFR 165.23 apply. During the enforcement period, entering into, transiting through, remaining, mooring or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) or the designated representatives. (1) Definitions. The following definitions apply to this section: (i) Designated Representative. A ‘‘designated representative’’ is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the COTP, Sector Long Island Sound, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. E:\FR\FM\29APP1.SGM 29APP1 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules (ii) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Sector Long Island Sound. (iii) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (2) Spectators desiring to enter or operate within the regulated area should contact the COTP Sector Long Island Sound at 203–468–4401 (Sector LIS command center) or the designated representative via VHF channel 16 to obtain permission to do so. Spectators given permission to enter or operate in the regulated area must comply with all directions given to them by the COTP Sector Long Island Sound or the designated on-scene representative. (3) Upon being hailed by an official patrol vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both. 1. Fireworks barges used in this location will have a sign on their port and starboard side labeled ‘‘FIREWORKS—STAY AWAY’’. This sign will consist of 10 inch high by 1.5 inch wide red lettering on a white background. Dated: April 8, 2013. J.M. Vojvodich, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2013–09852 Filed 4–26–13; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2012–0853; FRL–9806–4] emcdonald on DSK67QTVN1PROD with PROPOSALS Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District, Santa Barbara County Air Pollution Control District, South Coast Air Quality Management District and Ventura County Air Pollution Control District Environmental Protection Agency (EPA). AGENCY: ACTION: Proposed rule. EPA is proposing to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD), Santa Barbara County Air Pollution Control District (SBCAPCD), South Coast Air Quality Management District (SCAQMD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern Volatile Organic Compounds (VOC) emissions from motor vehicle and mobile equipment coating operations and from graphic arts operations. We are approving local rules that regulate these emission sources under the Clean Air Act (‘‘CAA’’ or ‘‘the Act’’). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by May 29, 2013. ADDRESSES: Submit comments, identified by docket number R09–OAR– 2012–0853, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. Email: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or email. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your email address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. SUMMARY: 25011 Docket: Generally, documents in the docket for this action are available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415) 972–3576, borgia.adrianne@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rules? II. EPA’s Evaluation and Action A. How is EPA evaluating these rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations to Further Improve the Rules. D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules addressed by this proposal with the dates that they were amended or revised by the local air agency and submitted by the California Air Resources Board (CARB). TABLE 1—SUBMITTED RULES Local agency AVAQMD ........................... VerDate Mar<15>2010 14:14 Apr 26, 2013 Rule No. 1151 Jkt 229001 Rule title Amended/revised Motor Vehicle and Mobile Equipment Coating Operations. Amended 6/19/12 ............. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\29APP1.SGM 29APP1 Submitted 9/21/12

Agencies

[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Proposed Rules]
[Pages 25008-25011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09852]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0212]
RIN 1625-AA00


Safety Zone; Fairfield Estates Fireworks Display, Atlantic Ocean, 
Sagaponack, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters of the Atlantic Ocean, in Sagaponack, NY for 
the Fairfield Estates fireworks display. This action is necessary to 
provide for the safety of life on navigable waters during the event. 
Entering into, transiting through, remaining, anchoring or mooring 
within this regulated area would be prohibited unless authorized by the 
Captain of the Port (COTP) Sector Long Island Sound.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 29, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or before May 6, 2013.

ADDRESSES: You may submit comments identified by docket number 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 
rulemaking, call or email Petty Officer Scott Baumgartner, Prevention 
Department, Coast Guard Sector Long Island Sound, (203) 468-4428, 
Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to 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-2013-0212] in

[[Page 25009]]

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-2013-0212) 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 on 
or before May 6, 2013. Please explain why you believe a public meeting 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Regulatory History and Information

    This is a first time event with no regulatory history.

C. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231; 46 
U.S.C. chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6 and 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define regulatory safety 
zones.
    This temporary regulation is necessary to ensure the safety of 
vessels and spectators from hazards associated with fireworks display.

D. Discussion of Proposed Rule

    This temporary rule proposes to establish a safety zone for the 
Fairfield Estates fireworks display. This proposed regulated area 
includes all waters of the Atlantic Ocean within a 1000 foot radius of 
the fireworks barge located 1000 feet south of the Fairfield Estate in 
Sagaponack, NY.
    This rule will be effective from 8:30 p.m. on August 1, 2013 
through 10:30 p.m. on August 2, 2013.
    The fireworks display is scheduled to occur from 8:30 p.m. until 
10:30 p.m. on August 1, 2013. If the event is cancelled due to 
inclement weather, then this regulation will be enforced from 8:30 p.m. 
until 10:30 p.m. on August 2, 2012.
    Because spectator vessels are expected to congregate around the 
location of the fireworks display, this regulated area is necessary to 
protect both spectators and participants from the hazards created by 
unexpected pyrotechnics detonation, and burning debris. This proposed 
rule would temporarily establish a regulated area to restrict vessel 
movement around the location of the fireworks display to reduce the 
safety risks associated with it.
    To aid the public in identifying the launch platform; fireworks 
barges used for this display will have a sign on their port and 
starboard side labeled ``FIREWORKS--STAY AWAY.'' This sign will consist 
of 10 inch high by 1.5 inch wide red lettering on a white background.
    Public notifications may be made to the local maritime community 
prior to the event through the Local Notice to Mariners, and Broadcast 
Notice to Mariners.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking would not be a 
significant regulatory action for the following reasons: The regulated 
area will be of limited duration, the area covers only a small portion 
of the navigable waterways and waterway users may transit around the 
area. Also, mariners may request permission from the COTP Sector Long 
Island Sound or the designated representative to transit the zone.
    Advanced public notifications will also be made to the local 
maritime community through the Local Notice to Mariners as well as 
Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    Those potentially impacted include owners or operators of vessels 
intending to enter, transit, anchor or moor within the regulated area 
during the effective period. The temporary safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: The regulated area will be of limited size 
and of short duration and mariners may request permission from the COTP 
Sector Long Island Sound or the designated representative to transit 
the zone. Notifications will be made to the maritime community through 
the Local Notice to Mariners and Broadcast Notice to Mariners well in 
advance of the event.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the

[[Page 25010]]

rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves establishing a safety zone. This rule may be 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 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 AREA 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. Add Sec.  165.T01-0212 to read as follows:


Sec.  165.T01-0212  Safety Zone; Fairfield Estates Fireworks Display, 
Atlantic Ocean, Sagaponack, NY.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean within a 1000-foot radius of the fireworks barge 
located off the Fairfield Estate in Sagaponack, NY approximate position 
40[deg]54'26.97'' N, 072[deg]15'9.39'' W North American Datum 1983.
    (b) Enforcement Period. This rule will be enforced from 8:30 p.m. 
until 10:30 p.m. on August 1, 2013. If the event is postponed due to 
inclement weather, then this rule will be enforced from 8:30 p.m. until 
10:30 p.m. on August 2, 2013.
    (c) Regulations. The general regulations contained in 33 CFR 165.23 
apply. During the enforcement period, entering into, transiting 
through, remaining, mooring or anchoring within this safety zone is 
prohibited unless authorized by the Captain of the Port (COTP) or the 
designated representatives.
    (1) Definitions. The following definitions apply to this section:
    (i) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the COTP, Sector Long Island 
Sound, to act on his or her behalf. The designated representative may 
be on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. In addition, members of 
the Coast Guard Auxiliary may be present to inform vessel operators of 
this regulation.

[[Page 25011]]

    (ii) Official Patrol Vessels. Official patrol vessels may consist 
of any Coast Guard, Coast Guard Auxiliary, state, or local law 
enforcement vessels assigned or approved by the COTP Sector Long Island 
Sound.
    (iii) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (2) Spectators desiring to enter or operate within the regulated 
area should contact the COTP Sector Long Island Sound at 203-468-4401 
(Sector LIS command center) or the designated representative via VHF 
channel 16 to obtain permission to do so. Spectators given permission 
to enter or operate in the regulated area must comply with all 
directions given to them by the COTP Sector Long Island Sound or the 
designated on-scene representative.
    (3) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.
    1. Fireworks barges used in this location will have a sign on their 
port and starboard side labeled ``FIREWORKS--STAY AWAY''. This sign 
will consist of 10 inch high by 1.5 inch wide red lettering on a white 
background.

    Dated: April 8, 2013.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2013-09852 Filed 4-26-13; 8:45 am]
BILLING CODE 9110-04-P