16978 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 

this Area in a counterclockwise 

direction, entering Newport Harbor from 

the west, then proceeding north along 

the eastern side of the harbor to a 

turning point south of the Goat Island 

causeway in approximate position 

41°29′28′′ N and 71°19′40′′ N, then 

proceeding south along the western side 

of Newport Harbor to the exit of the 

Area. 

Vessels proceeding under sail will not 

be allowed in Area Newport Harbor 

unless also propelled by machinery, due 

to increased difficulty in maintaining 

required speed of advance while sailing 

as well as limited maneuvering ability 

to proceed in a single file behind 

numerous other spectator craft viewing 

the moored Tall Ships. 

(ii) Area Potter Cove: This area is a 

spectator anchoring area limited to 

excursion and passenger-for-hire vessels 

greater than 50 feet in length carrying 

passengers for the viewing of the Parade 

of Sail. Vessels transiting this Area must 

do so at a speed of at least three (3) 

knots or at no wake speed, whichever is 

more, while not exceeding six (6) knots. 

Vessels transiting this Area must not 

maneuver within 20 yards of any vessel 

lawfully anchored within this area for 

the viewing of the Parade of Sail. 

(iii) Area Parade of Sail: This will be 

closed to all vessel traffic, except those 

vessels designated as participants. 

(4) All persons and vessels shall 

comply with the instructions of the 

COTP Southeastern New England or 

designated representative. Upon being 

hailed by a U.S. Coast Guard vessel by 

siren, radio, flashing lights, or other 

means the operator of a vessel shall 

proceed as directed. 

(5) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated areas must 

contact the COTP Southeastern New 

England by telephone at 508–457–3211, 

or designated representatives via VHF 

radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated areas is granted by 

the COTP Southeastern New England or 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP Southeastern New England or 

designated representative. 

(6) The Coast Guard will provide 

notice of the regulated areas prior to the 

event through the Local Notice to 

Mariners and Broadcast Notice to 

Mariners. Notice will also be provided 

by on-scene designated representatives. 

(c) Enforcement Period: This section 

will be enforced during the following 

times. 

(1) Area Newport Harbor, from 6 a.m. 

on July 6, 2012, to noon on July 9, 2012. 

(2) Area Potter Cove, from 9 a.m. to 

4 p.m. on July 9, 2012. 

(3) Area Parade of Sail, from 9 a.m. to 

4 p.m. on July 9, 2012. 

Dated: February 29, 2012. 

Verne B. Gifford, Jr., 

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

Port, Southeastern New England. 

[FR Doc. 2012–6986 Filed 3–22–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0004] 

RIN 1625–AA08 

Special Local Regulation; Macy’s 

Fourth of July Fireworks Display 

Spectator Viewing Areas; Hudson 

River; New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary special local 

regulation (SLR) on the navigable waters 

of the Hudson River in the vicinity of 

New York, NY for the Macy’s Fourth of 

July Fireworks Display. The temporary 

SLR is intended to restrict certain 

vessels from portions of the Hudson 

River before, during, and immediately 

after the fireworks event. This 

regulation is necessary to provide for 

the safety of life on the navigable waters 

by controlling vessel movement and to 

establish public viewing areas for the 

fireworks event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 7, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before April 13, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0004 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Ensign Kimberly 

Farnsworth, Coast Guard; telephone 

(718) 354–4163, email 

Kimberly.A.Farnsworth@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0004), 

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 (via 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 via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number (USCG–2012–0004) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 16979 

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. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number (USCG–2012–0004) 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. 

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). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four 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. 

Basis and Purpose 

The legal basis for the proposed SLR 

is 33 U.S.C. 1233; and Department of 

Homeland Security Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to define special local 

regulations. 

The proposed temporary SLR is 

necessary to ensure the safety of 

spectators and vessels from hazards 

associated with fireworks displays. 

Based on the inherent hazards 

associated with fireworks, the Captain 

of the Port (COTP) New York has 

determined that fireworks launches 

proximate to water crafts pose a 

significant risk to public safety and 

property. The combination of increased 

numbers of recreational vessels, 

congested waterways, darkness 

punctuated by bright flashes of light, 

and debris, especially burning debris 

falling on passing or spectator vessels 

has the potential to result in serious 

injuries or fatalities. The proposed rule 

will temporarily establish regulated 

areas designated as spectator vessel 

viewing areas to restrict and control 

vessel movement around the location of 

the fireworks launch platforms to 

reduce the risk associated with the 

launch of fireworks. 

Discussion of Proposed Rule 

Macy’s is sponsoring their annual 

Fourth of July Fireworks Display on the 

waters of the Hudson River in the 

vicinity of New York, NY. The fireworks 

display will occur from approximately 

9:20 p.m. until 9:50 p.m. on July 4, 

2012. In order to coordinate the safe 

movement of vessels within the area 

and to ensure that the area is clear of 

unauthorized persons and vessels 

before, during, and immediately after 

the fireworks launch, the proposed 

regulated areas will be enforced from 

7 p.m. until 11 p.m. on July 4, 2012. 

If the event is cancelled due to 

inclement weather, then the proposed 

regulated areas will be enforced from 

7 p.m. until 11 p.m. on July 5, 2012. 

The Coast Guard will activate a preestablished safety zone under 33 CFR 

165.160 (USCG–2010–1001), around the 

fireworks launch platforms. The safety 

zone may be referred to as area 

CHARLIE, and its location is defined in 

entry 1.1 of Table 1 to 33 CFR 165.160. 

Only fireworks launch platforms and 

assist vessels will be allowed to enter 

into the safety zone. 

To augment the existing safety zone 

around the fireworks launch barges, the 

COTP New York will establish four 

limited access areas within the 

boundaries of the special local 

regulation. Access to these areas will be 

restricted to vessels of a certain size. 

The four designated areas within the 

SLR are: (1) A ‘‘spectator area’’ 

designated ALPHA in which access is 

limited to vessels less than 20 meters in 

length (65.6ft); (2) ‘‘spectator area’’ 

designated BRAVO in which access is 

limited to vessels greater than 20 meters 

in length (65.6ft); (3) ‘‘spectator area’’ 

designated DELTA in which access is 

limited to vessels greater than 20 meters 

in length (65.6ft); and (4) a ‘‘spectator 

area’’ designated ECHO in which access 

is limited to vessels less than 20 meters 

in length (65.6ft). 

The geographic locations of regulated 

areas, and specific requirements of this 

rule are contained in the regulatory text. 

Public notifications will be made to the 

local maritime community prior to the 

event through the Local Notice to 

Mariners, and Broadcast Notice to 

Mariners. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

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, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

This determination is based on the 

limited time that vessels will be 

restricted from the fireworks display 

area. The temporary special local 

regulation will only be in effect for 

approximately four hours during the 

evening hours. The Coast Guard does 

not expect significant adverse impact to 

mariners from the regulated areas, 

because the event has been extensively 

advertised in the public and affected 

mariners may request authorization 

from the COTP New York or the 

designated representative to transit the 

zone. Advance notification will be made 

to the maritime community via 

Broadcast Notice to Mariners and Local 

Notice to Mariners (LNM). 

Impact on Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
16980 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 

This rule will affect the following 

entities, some of which may be small 

entities: The owners and operators of 

vessels intending to transit or anchor in 

a portion of the Hudson River, in the 

vicinity of New York, NY during the 

effective period. 

The temporary special local 

regulation will not have significant 

economic impact on a substantial 

number of small entities for the 

following reasons: This rule will be in 

effect for only four hours on a single day 

during the late evening for this 

fireworks event. Although the regulation 

will apply to the entire width of the 

river, traffic will be allowed to pass 

through the area with the permission of 

the COTP New York or the designated 

representative. Before the effective 

period, the Coast Guard will issue 

maritime advisories widely available to 

users of the waterway. 

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. 

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 so that 

they can better evaluate its effects on 

them and participate in the rulemaking 

process. 

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 1–888–REG– 

FAIR (1–888–734–3247). 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. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

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 rule under that Order and 

determined that this rule does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

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. 

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. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

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. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

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 appears to be one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. A preliminary 

environmental analysis checklist 

supporting this determination will be 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves the establishment of a special 

local regulation to regulate vessel traffic 

on a portion of the Hudson River during 

the launching of fireworks. This rule 

appears to be categorically excluded, 

under figure 2–1, paragraphs and 

(34)(h), of the Commandant Instruction. 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 16981 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATER 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add § 100.35T01–0004 to read as 

follows: 

§ 100.35T01–0004 Macy’s Fourth of July 

Fireworks Display Spectator Viewing Areas; 

Hudson River; New York, NY. 

(a) Regulated area. The regulated area 

includes all navigable waters of the 

Hudson River bounded by a line drawn 

from the northern most break-wall of the 

79th Street Boat Basin, New York, NY, 

approximate position 40°47′11.70′′ N, 

073°59′8.83′′ W, then west to a point on 

the shoreline of Guttenberg, NJ, 

approximate position 40°47′28.27′′ N, 

073°59′46.39′′ W, then south along the 

New Jersey shoreline to a point in the 

vicinity of Port Imperial, Weehawken, 

NJ approximate position 40°46′35.43′′ N, 

074°00′37.53′′ W, then east to a point in 

the vicinity of Pier 99, New York, NY 

approximate position 40°46′16.98′′ N, 

073°59′52.34′′ W, then along the 

Manhattan shoreline north to the point 

of origin and all navigable waters of the 

Hudson River bounded by a line drawn 

from Maxwell Park, Hoboken, NJ, 

approximate location 40°44′55.90′′ N, 

074°01′24.94′′ W, east to Chelsea Piers, 

New York, NY approximate location 

40°44′48.97′′ N, 074°00′41.01′′ W,, south 

along the Manhattan shore line to Pier 

40 approximate location 40°43′46.43′′ N, 

074°00′50.95′′ W, and west to Hoboken/ 

New Jersey Transit Station, Hoboken, NJ 

approximate location 40°43′50.38′′ N, 

074°01′41.68′′ W, and then north to the 

point of origin. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). Within the overall 

regulated area defined in this paragraph 

(a), the following are individually 

defined areas subject to specific 

requirements: 

(1) Area ALPHA: All navigable waters 

of the Hudson River north of a line 

drawn from a point in the vicinity of 

Riverwalk Place, Weehawken, NJ, 

approximate position 40°46′50.85′′ N, 

074°00′19.52′′ W, east to a point in the 

vicinity of 64th Street, New York, NY, 

approximate position 40°46′34.38′′ N, 

073° 59′30.98′′ W, and south of a line 

drawn from the shoreline of Guttenberg, 

NJ, approximate position 40°47′28.27′′ 

N, 073°59′46.39′′ W, east to the northern 

most break-wall of the 79th Street Boat 

Basin, New York, NY, approximate 

position 40°47′11.70′′ N, 073°59′8.83′′ 

W. (NAD 83). 

(2) Area BRAVO: All navigable waters 

of the Hudson River north of a line 

drawn from the ferry terminal at Port 

Imperial, Weehawken, NJ, approximate 

position 40°46′35.43′′ N, 074°00′37.53′′ 

W, east to a point in the vicinity of Pier 

99, New York, NY, approximate 

position 40°46′16.98′′ N, 073°59′52.34′′ 

W, and south of a line drawn from 

Riverwalk Place, Weehawken, NJ, 

approximate position 40°46′51.01′′ N, 

074°00′19.52′′ W, east to a point in the 

vicinity of 64th Street, New York, NY, 

approximate position 40°46′34.38′′ N, 

073°59′30.98′′ W. (NAD 83). 

(3) Area DELTA: All navigable waters 

of the Hudson River north of a line 

drawn to a point in the vicinity of Pier 

C Park, Hoboken, NJ, in approximate 

position 40°44′24.32′′ N, 074°01′32.98′′ 

W, east to Gansevoort Street, New York, 

NY, approximate position 40°44′20.46′′ 

N, 074°00′37.28′′ W, and south of a line 

drawn from in the vicinity of Chelsea 

Piers, approximate position 

40°44′48.98′′ N, 074°00′41.06′′ W, then 

west to a point in near Maxwell Park, 

Hoboken, NJ, in approximate position 

40°44′55.91′′ N, 074°01′24.94′′ W. (NAD 

83). 

(4) Area ECHO: All navigable waters 

of the Hudson River north of a line 

drawn Hoboken/New Jersey Transit 

Station approximate position 

40°43′50.38′′ N, 074°01′41.68′′ W in 

Hoboken, NJ, east to Pier 40, New York, 

NY in approximate position 

40°43′46.43′′ N, 074°00′50.95′′ W, and 

south of a line drawn from Pier C Park, 

Hoboken, NJ, in approximate position 

40°44′24.32′′ N, 074°01′32.98′′ W, east to 

Gansevoort Street, New York, NY, 

approximate position 40°44′20.46′′ N, 

074°00′37.28′′ W. (NAD 83). 

(b) Definitions. For purposes of this 

section ‘‘Designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

New York (COTP) to act on the COTP’s 

behalf. 

(c) Special local regulations. (1) In 

accordance with the general regulations 

in section 100.35 of this part, entry into, 

transiting, or anchoring within the 

regulated areas is prohibited, unless 

authorized by the COTP or the 

designated representative. 

(2) Vessels are authorized by the 

COTP or the designated representative 

to enter areas of this special location 

regulation in accordance with the 

following restrictions: 

(i): Area ALPHA access is limited to 

vessels less than 20 meters (65.6 ft) in length. 

(ii) Area BRAVO access is limited to 

vessels greater than 20 meters (65.6 ft) in 

length. 

(iii) Area DELTA access is limited to 

vessels greater than 20 meters (65.6 ft) in 

length. 

(iv) Area ECHO access is limited to vessels 

less than 20 meters (65.6 ft) in length. 

(3) All persons and vessels in the 

regulated areas shall comply with the 

instructions of the COTP or the 

designated representative. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of a 

vessel shall proceed as directed. The 

COTP or the designated representative 

can be reached on VHF channel 16. 

(d) Effective period. This rule will be 

effective from 7 p.m. to 11 p.m. on July 

4, 2012. If the fireworks display is 

postponed, this section will be effective 

from 7 p.m. until 11 p.m. on July 5, 

2012. 

Dated: February 27, 2012. 

G.P. Hitchen, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port New York. 

[FR Doc. 2012–6980 Filed 3–22–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2007–0089; FRL–9650–9] 

RIN 2060–AO17 

Air Quality: Revision to Definition of 

Volatile Organic Compounds— 

Exclusion of a Group of Four 

Hydrofluoropolyethers (HFPEs) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

revise the agency’s definition of volatile 

organic compounds (VOCs) for purposes 

of preparing State Implementation Plans 

(SIPs) to attain the national ambient air 

quality standard (NAAQS) for ozone 

under Title I of the Clean Air Act (CAA). 

This proposed revision would add four 

chemical compounds to the list of 

compounds excluded from the 

definition of VOC on the basis that each 

of these compounds makes a negligible 

contribution to tropospheric ozone 

formation. These compounds consist of 

four hydrofluoropolyethers (HFPEs) 

which are identified as HCF2OCF2H 

(also known as HFE-134), 

HCF2OCF2OCF2H (also known as HFE236cal2), HCF2OCF2CF2OCF2H (also 

known as HFE-338pcc13), and 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS