27162 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules 

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. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves implementation of regulations 

at 33 CFR part 165 that establish safety 

zones on navigable waters of the United 

States for fireworks events. These safety 

zones are enforced for the duration of 

fireworks display events. The fireworks 

are launched from or immediately 

adjacent to navigable waters of the 

United States and may have potential 

for negative impact on the safety or 

other interest of waterway users and 

near shore activities in the event area. 

The category of activities includes 

fireworks launched from barges at or 

near the shoreline that generally rely on 

the use of navigable waters as a safety 

buffer. 

This proposed rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of this instruction. This rule 

establishes a temporary safety zone to 

protect the public from fireworks 

fallouts and premature detonations. 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. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Revise the Table to § 165.506 as 

follows: 

a. Under ‘‘(b) Coast Guard Sector 

Baltimore—COTP Zone,’’ suspend 

number 5, 

b. Under ‘‘(b) Coast Guard Sector 

Baltimore—COTP Zone,’’ suspend 

number 21, and 

c. Under ‘‘(b) Coast Guard Sector 

Baltimore—COTP Zone,’’ add numbers 

26 and 27, to read as follows: 

§ 165.506 Safety Zones; Fifth Coast Guard 

District Fireworks Displays. 

* * * * * 

TABLE TO § 165.506 

[All coordinates listed in the Table to § 165.506 reference Datum NAD 1983] 

Number Date Location Regulated area 

Coast Guard Sector Baltimore—COTP Zone 

*******

26 ........... June 16th, July 4th, September—2nd Saturday, December 31st.Northwest Harbor (East Channel), Patapsco River, MD, 

Safety Zone.

All waters of the Patapsco River within a 200 yards radius of 

the fireworks barge in approximate position 39°15′54′′ N, 

076°34′40′′ W, located adjacent to the East Channel of 

Northwest Harbor. 

*******

27 ........... July 3rd ....................................... Tred Avon River, Oxford, MD, 

Safety Zone.

All waters of the Tred Avon River within a 150 yard radius of 

the fireworks barge in approximate position latitude 

38°41′24′′ N, longitude 076°10′37′′ W, approximately 500 

yards northwest of the waterfront at Oxford, MD. 

* * * * * 

Dated: April 11, 2012. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2012–11140 Filed 5–8–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2012–0296, 

FRL–9670–4] 

Notice of Data Availability Supporting 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

New York; Regional Haze State 

Implementation Plan and Federal 

Implementation Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of data availability 

(NODA). 

SUMMARY: EPA proposed on April 25, 

2012 (77 FR 24794) to take action on a 

revision to the state implementation 

plan (SIP) addressing regional haze 

submitted by the State of New York. In 

that proposal, EPA proposed to address 

through a Federal Implementation Plan 

(FIP) certain requirements not addressed 

in New York’s regional haze SIP 

submission or, alternatively, to approve 

a substantively identical SIP revision by 

New York, should the State timely 

submit such a revision. In two letters 

dated April 16, 2012, New York 

submitted additional materials relevant 

to our proposed action on its regional 

haze SIP submission, including 

proposed SIP revisions addressing the 

requirements for best available retrofit 

technology controls (BART) for a 

number of sources. EPA is providing 

notice of availability of these materials. 

The comment period on EPA’s proposed 

action on the New York regional haze 

SIP closes on June 18, 2010. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules 27163 

DATES: Comments must be received on 

or before June 18, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2012–0296, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2012– 

0296. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 

4 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Robert F. Kelly, State Implementation 

Planning Section, Air Programs Branch, 

EPA Region 2, 290 Broadway, New 

York, New York 10007–1866. The 

telephone number is (212) 637–4049. 

Mr. Kelly can also be reached via 

electronic mail at kelly.bob@epa.gov. 

SUPPLEMENTARY INFORMATION: In two 

submissions dated April 16, 2012, New 

York State Department of 

Environmental Conservation submitted 

two SIP revision requests. The first SIP 

revision requests that EPA include in 

New York’s Regional Haze SIP the New 

York State legislation regulating the 

sulfur content of fuel oil, Bill Number 

S1145C, which amends the New York 

Environmental Conservation Law to 

include a new section 19–0325. 

The second SIP revision requests that 

EPA take action on proposed SIP 

revisions from New York in parallel 

with the State’s processing of the 

following draft Title V permits that the 

State intends to submit as SIP revisions 

to meet the BART requirement: Bowline 

Point Generating Station, Danskammer 

Generating Station, Kodak Operations at 

Eastman Business Park, Oswego Harbor 

Power Owens Corning Delmar Plant, 

and Syracuse Energy Corporation. 

New York also requested processing 

of the following adopted Title V permits 

implementing BART for the following 

facilities: 59th Street Station [Con Ed], 

ALCOA Massena Operations (West 

Plant), Arthur Kill Generating Station 

[NRG], EF Barrett Power Station (NG), 

Holcim (US) Inc–Catskill Plant, 

International Paper Ticonderoga Mill, 

Lafarge Building Materials, Lehigh 

Northeast Cement Northport Power 

Station (NG), Ravenswood Generating 

Station [TC], Ravenswood Steam Plant 

[Con Edison], Roseton Generating 

Station [Dynegy], and Samuel A Carlson 

Generating Station [Jamestown Board of 

Public Utilities (BPU)]. 

These materials have been placed in 

the docket for our proposed action on 

the New York regional haze SIP 

submission, Docket ID No. EPA–R02– 

OAR–2012–0296. 

EPA was aware that New York State 

intended to submit additional 

information relevant to the action EPA 

was proposing on New York’s Regional 

Haze SIP. EPA, therefore, discussed in 

its proposal the possible actions EPA 

would take should this information be 

timely submitted. EPA included in the 

record the draft information that New 

York was in the process of finalizing 

and submitting as part of its SIP 

revision. EPA evaluated this draft 

information as part of the Agency’s 

proposed action on New York’s 

Regional Haze SIP. 

EPA is notifying interested parties 

that EPA’s final action will be based on 

the proposed rulemaking, the additional 

information identified in this notice of 

data availability, and an assessment of 

any public comments that may be 

received. 

Portions of this SIP revision are being 

proposed under a procedure called 

parallel processing, whereby EPA 

proposes rulemaking action 

concurrently with the state’s procedures 

for amending its regulations. If the 

proposed revision is substantially 

changed in areas other than those 

identified in the proposal, EPA will 

evaluate those changes and may publish 

another notice of proposed rulemaking. 

If no substantial changes are made other 

than those areas cited in the proposal, 

EPA will publish a final rulemaking on 

the revisions. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 1, 2012. 

Judith Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2012–11186 Filed 5–8–12; 8:45 am] 

BILLING CODE 6560–50–P 


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