Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules 19573 

* * * * * 

Dated: March 13, 2012. 

Mark S. Ogle, 

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

Port Hampton Roads. 

[FR Doc. 2012–7790 Filed 3–30–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0130] 

RIN 1625–AA00 

Safety Zone; Wedding Fireworks 

Display, Boston Inner Harbor, Boston, 

MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

navigable waters of the Boston Inner 

Harbor in the vicinity of Anthony’s Pier 

4, Boston, MA for a wedding fireworks 

display. This temporary safety zone is 

necessary to protect spectators and 

vessels from the hazards associated with 

fireworks displays. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 2, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before April 9, 2012. 

The Coast Guard anticipates that this 

proposed rule will be effective from 8 

p.m. to 11 p.m. on May 19, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0130 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 Mr. Mark Cutter, 

Coast Guard Sector Boston Waterways 

Management Division, telephone 617– 

223–4000, email 

Mark.E.Cutter@uscg.mil or Lieutenant 

Junior Grade Isaac Slavitt, Coast Guard 

First District Waterways Management 

Branch, telephone 617–223–8385, email 

Isaac.M.Slavitt@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–2012–0130), 

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, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2012–0130’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

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, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0130’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

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 by 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 rule 

is 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, which 

collectively authorize the Coast Guard 

to establish safety zones. 

This proposed safety zone is 

necessary to ensure the safety of 

spectators and vessels from hazards 

associated with the fireworks display. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
19574 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules 

Discussion of Proposed Rule 

Ocean State Pyrotechnics, Inc is 

sponsoring a wedding fireworks display 

on the waters of Boston Inner Harbor in 

the vicinity of Anthony’s Pier 4, Boston, 

MA. The Captain of the Port (COTP) 

Boston has determined that fireworks 

displays in close proximity to watercraft 

and waterfront structures pose a 

significant risk to public safety and 

property. Such hazards include 

obstructions to the waterway that may 

cause marine casualties and the 

explosive danger of fireworks and debris 

falling into the water that may cause 

death or serious bodily harm. 

Establishing a safety zone around the 

location of this fireworks event will 

help ensure the safety of spectators, 

vessels and other property and help 

minimize the associated risks. This 

proposed safety zone will encompass a 

450-foot radius around the firework 

barge. 

The fireworks display will occur from 

approximately 8:30 p.m. until 10:30 

p.m. on May 19, 2012. To ensure public 

safety the proposed safety zone will be 

enforced immediately before, during, 

and immediately after the fireworks 

launch. If the event is cancelled due to 

inclement weather, then the proposed 

safety zone will not be enforced. 

All persons and vessels shall comply 

with the instructions of the COTP or the 

designated on-scene representative. 

Entry into, transiting, or anchoring 

within the regulated area is prohibited 

unless authorized by the COTP or the 

designated on-scene representative. The 

COTP Boston or the on-scene 

representative may be contacted via 

VHF Channel 16. 

The Final Rule will not be published 

30 days before the event and the 

effective date of this proposed rule as is 

generally required by 5 U.S.C. 553(d)(3). 

The Coast Guard will accept comments 

on this shortened period and address 

them in the final rule. 

Public notifications will be made 

prior to the event via appropriate 

means, and may include the Local 

Notice to Mariners and marine 

information broadcasts. 

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 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 safety zone will be in effect for 

approximately three hours during the 

evening hours. The Coast Guard expects 

minimal adverse impact to mariners 

from the activation of the zone as 

information on the event will be 

extensively advertised in the public, 

affected mariners may request 

authorization from the COTP or the 

designated on-scene representative to 

transit the zone, and advance 

notification will be made to the 

maritime community via Local Notice to 

Mariners and Broadcast Notice to 

Mariners. 

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. 

This proposed 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 Boston 

Inner Harbor in the vicinity of 

Anthony’s Pier 4, Boston, MA during 

the effective period. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This rule will be 

in effect for only three hours on a single 

day during the late evening and vessels 

will be able to transit around the safety 

zone. Before the effective period, we 

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 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. 

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 State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it 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 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules 19575 

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 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 will be 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves establishment of a safety zone 

on the waters of the East River during 

a firework works display. This rule 

appears to be categorically excluded, 

under figure 2–1, paragraph (34)(g), 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 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 AREA 

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. Add § 165.T01–0130 to read as 

follows: 

§ 165.T01–0130 Safety Zone; Wedding 

Fireworks Display, Boston Inner Harbor, 

Boston, MA. 

(a) Regulated Area. The following area 

is a temporary safety zone: All navigable 

waters from surface to bottom, within a 

450-foot radius of position 42°21′19′′ N, 

071°02′32′′ W. This position is located 

approximately 450-feet off of Anthony’s 

Pier 4, Boston Inner Harbor Boston, MA. 

(b) Definitions. For purposes of this 

section ‘‘Designated on-scene 

representative’’ is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the Captain 

of the Port Boston (COTP) to act on the 

COTP’s behalf. 

(c) Effective Period. This rule will be 

effective and will be enforced from 

8 p.m. to 11 p.m. on May 19, 2012. 

(d) Regulations. 

(1) The general regulations contained 

in 33 CFR 165.23, as well as the 

following regulations, apply. 

(2) No vessels, except for fireworks 

barge and accompanying vessels, will be 

allowed to enter into, transit, or anchor 

within the safety zone without the 

permission of the COTP or the 

designated on-scene representative. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or the designated on-scene 

representative. 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. 

(4) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the COTP or the 

designated on-scene representative via 

VHF channel 16 or 617–223–3201 

(Sector Boston Command Center) to 

obtain permission. 

(5) Vessel operators given permission 

to enter or operate in the regulated area 

must comply with all directions given to 

them by the COTP or the designated onscene representative. 

Dated: March 15, 2012. 

J.N. Healey, 

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

Port Boston. 

[FR Doc. 2012–7782 Filed 3–30–12; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 12–69; FCC 12–31] 

Promoting Interoperability in the 700 

MHz Commercial Spectrum; 

Interoperability of Mobile User 

Equipment Across Paired Commercial 

Spectrum Blocks in the 700 MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the 

Commission seeks comment on whether 

the customers of Lower 700 MHz B and 

C Block licensees would experience 

harmful interference—and if so, to what 

degree—if the Lower 700 MHz band 

were interoperable. The Commission 

also explores the next steps should it 

find that interoperability would cause 


sroberts on DSK5SPTVN1PROD with PROPOSALS