20330 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Proposed Rules 

TABLE 1 TO § 165.T01–0111—Continued 

• Location: Waters of Niantic Bay 1500 feet west of the Niantic River Railroad Bridge in Niantic, CT 

in approximate position 41°19′22.59′′ N, 072°11′3.47′′ W (NAD 83). 

8 August 

8.1 Shelter Island Yacht Club Fireworks.• August 11, 2012. 

• Rain date: August 12, 2012. 

• Location: Waters of Dering Harbor north of Shelter Island Yacht Club in Shelter Island, NY in approximate position 41°05′23.47′′ N, 072°21′11.18′′ W (NAD 83). 

8.2 Stamford Fireworks ......................... • Date: August 30, 2012. 

• Rain date: August 31, 2012. 

• Location: Waters of Stamford Harbor, off Kosciuszco Park in Stamford, CT in approximate position 

41°1′48.46′′ N, 073°32′15.32′′ W (NAD 83). 

11 November 

1 Charles W. Morgan Anniversary Fireworks.• Date: A single day between November 3, and November 10, 2012 an exact day will be announced 

in the final rule. 

• Location: Waters of the Mystic River, north of the Mystic Seaport Light, Mystic, CT in approximate 

position 41°21′56.455′′ N, 071°57′58.32′′ W (NAD 83). 

TABLE 2 TO § 165.T01–0111 

July & August 

1 Waves of Hope Swim ........................... • Date: A single weekday during the last week of June or first two weeks of July 2012 an exact day 

will be announced in the final rule. 

• Time: 10 a.m. until 12:01 p.m. 

• Location: All waters of the Great South Bay off Amityville, NY shoreward of a line created by connecting the following points. Beginning at 40°39′22.38′′ N, 073°25′31.63′′ W then to 40°39′2.18′′ N, 

073°25′31.63′′ W then to 40°39′2.18′′ N, 073°24′03.81′′ W, ending at 40°39′18.27′′ N, 

073°24′03.81′′ W North American Datum 1983 ( NAD 83). 

2 Stonewall Swim .................................. • Date: August 4, 2012. 

• Time: 8:30 a.m. until 12:30 p.m. 

• Location: All navigable waters of the Great South Bay within an three miles long and half mile wide 

box connecting Snedecor Avenue in Bayport, NY to Porgie Walk in Fire Island, NY. Formed by 

connecting the following points. Beginning at 40°43′40.24′′ N, 073°03′41.5′′ W then to 40°43′40′′ N, 

073°03′13.4′′ W, then to 40°40′4.13 N, 073°03′43.81′′ W then to 40°40′8.3′′ N, 073°03′17.7′′ W and 

ending at the beginning point 40°43′40.24′′ N, 073°03′41.5′′ W (NAD 83). 

Dated: March 12, 2012. 

J.M. Vojvodich, 

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

Port Sector Long Island Sound. 

[FR Doc. 2012–7964 Filed 4–3–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Disestablishment of Restricted Area; 

Rhode Island Sound off Newport, RI 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Navy requested that 

the U.S. Army Corps of Engineers 

(Corps) disestablish the naval restricted 

area located in the waters of Rhode 

Island Sound, 4 nautical miles due 

south of Lands End in Newport, Rhode 

Island. The restricted area was 

established on August 31, 1987. The 

purpose of the restricted area was to 

establish a practice minefield and 

conduct mine detection and mine 

sweeping exercises. As a result of the 

discontinued use of this area by Naval 

Station Newport, the Navy has 

requested the restricted area be 

disestablished. 

DATES: Written comments must be 

submitted on or before May 4, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2012–0001, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: david.b.olson@usace.army.mil. 

Include the docket number COE–2012– 

0001 in the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (David B. Olson), 441 

G Street NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2012–0001. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

http://regulations.gov, including any 

personal information provided, unless 

the commenter indicates that 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 regulations.gov or 

email. The regulations.gov Web site is 

an anonymous access system, which 

means we will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email directly to the 

Corps without going through 

regulations.gov, your email address will 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Proposed Rules 20331 

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, we recommend 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 we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: 

Mr. David Olson, Headquarters, 

Operations and Regulatory Community 

of Practice, Washington, DC at 202–761– 

4922 or Ms. Angela C. Repella, U.S. 

Army Corps of Engineers, New England 

District, at 978–318–8639. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The purpose of this regulatory action 

is to disestablish a restricted area that is 

no longer needed by Naval Station 

Newport, because use of the practice 

minefield and conducting mine 

detection and mine sweeping exercises 

in that area has been discontinued. 

The Corps authority to disestablish 

this restricted area is Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat. 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3). 

Background 

By letter received on May 5, 2011, the 

Commander of Naval Station Newport 

has requested the removal of the 

restricted area in Rhode Island Sound, 

4 nautical miles due south of Lands End 

in Newport, Rhode Island. The request 

was made due to the discontinued use 

of the restricted area. In response to this 

request by the U.S. Navy, and pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat. 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3), the Corps is 

proposing to amend the regulations in 

33 CFR Part 334 by removing 334.78 to 

disestablish the restricted area. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This proposed rule is issued 

with respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. This proposed rule has 

been reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). Unless information is 

obtained to the contrary during the 

public notice comment period, the 

Corps expects that the amendment of 

this restricted area would have 

practically no economic impact on the 

public, no anticipated navigational 

hazard, or interference with existing 

waterway traffic. This proposed rule if 

adopted, will have no significant 

economic impact on small entities. 

c. Review Under the National 

Environmental Policy Act. Due to the 

administrative nature of this action, the 

Corps expects that this regulation, if 

adopted, will not have a significant 

impact to the quality of the human 

environment and, therefore, preparation 

of an environmental impact statement 

will not be required. An environmental 

assessment will be prepared after the 

public notice period is closed and all 

comments have been received and 

considered. After it is prepared, it may 

be reviewed at the District office listed 

at the end of the FOR FURTHER

INFORMATION CONTACT section, above. 

d. Unfunded Mandates Act. The 

proposed rule does not impose an 

enforceable duty among the private 

sector and, therefore, is not a Federal 

private sector mandate, and is not 

subject to the requirements of Section 

202 or 205 of the Unfunded Mandates 

Reform Act (Pub. L. 104–4, 109 Stat. 48, 

2 U.S.C. 1501 et seq.). We have also 

found under Section 203 of the Act, that 

small governments will not be 

significantly or uniquely affected by this 

rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

For the reasons set out in the 

preamble, the Corps proposes to amend 

33 CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

§ 334.78 [Removed] 

2. Remove § 334.78. 

Dated: March 29, 2012. 

Richard C. Lockwood, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2012–8115 Filed 4–3–12; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

33 CFR Part 334 

Department of the Army, Corps of 

Engineers 

Felgates Creek and Indian Field Creek 

along the York River in Yorktown, VA; 

Restricted Area 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense, DOD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers is 

proposing to amend an existing 

permanent restricted area in the waters 

of Felgates Creek and Indian Field Creek 

along the York River in Yorktown, 

Virginia. Naval Weapons Station 

Yorktown is requesting the Corps of 

Engineers modify the existing restricted 

area to include areas historically noted 

on nautical charts as closed to the 

public and traditionally enforced by the 

Commander, Naval Weapons Station 

Yorktown. Naval Weapons Station 

Yorktown provides ordnance logistics, 

technical, supply and related services to 

the Atlantic Fleet. Felgates Creek and 

Indian Field Creek are within a 

designated Level Two Restricted Area as 

defined by the Navy Physical Security 

and Law Enforcement Program. In 

addition, Felgates Creek and Indian 

Field Creek are within explosive arcs 

from various munitions points on Naval 

Weapons Station Yorktown. Naval 

Weapons Station Yorktown is seeking 

authorization to expand the existing 

restricted area to enhance safety and 

security. 

DATES: Written comments must be 

submitted on or before May 4, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2011–0038, by any of the following 

methods: 


emcdonald on DSK29S0YB1PROD with PROPOSALS