Supporting Statement for a Request for OMB Review under the Paperwork Reduction Act 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection TITLE: Voluntary Cover Sheet for TSCA Submissions EPA ICR No.: 1780.04 OMB Control No.: 2070 0156 1( b) Short Characterization This Information Collection Request ( ICR) pertains to the voluntary use of a cover sheet that has been developed by industry and EPA to facilitate the processing of information that is submitted to the Agency under sections 4 and 8 of the Toxic Substances Control Act ( TSCA), or under the Voluntary Children's Chemical Evaluation Program ( VCCEP). The cost and burdens related to the submissions under TSCA sections 4 and 8 and VCCEP have already been approved the Office of Management and Budget ( OMB) and are contained in the following ICRs:

( 1) TSCA section 4 submissions are addressed in " Section 4 Test Rules and Consent Orders," OMB Control No. 2070 0033, EPA ICR No. 1139. ( 2) TSCA section 8( d) submissions are addressed in " TSCA Section 8( d) Health and Safety Data Reporting Rule," OMB Control No. 2070 0004, EPA ICR No. 0575. ( 3) TSCA section 8( e) reporting requirements are addressed in " Notification of Substantial Risk of Injury to Health and the Environment under TSCA Section 8( e)," OMB Control No. 2070 0046, EPA ICR No. 0794. ( 4) Certain voluntary reporting requirements are addressed in " Voluntary Children's Chemical Evaluation Program ( VCCEP)," OMB Control No. 2070 0165, EPA ICR No. 2055.

This ICR, therefore, only applies to the burden and costs associated with the use of the voluntary cover sheet for those submissions.

Under TSCA sections 4 and 8, industry is required to submit certain information and studies for existing chemical substances. VCCEP is a voluntary reporting program. EPA typically receives several thousand submissions each year, with each submission consisting of three studies, on average. In addition, EPA may impose specific data call ins on industry.

The submissions EPA receives can be numerous, lengthy and complex. For example, EPA received 10,000 submissions in FY 1992 in response to the TSCA Section 8( e) Compliance Audit Program. Processing of these submissions was not completed until FY 1995. In June 1994, EPA received 900 submissions, representing approximately 3,500 studies, under a TSCA section 8( d) data call in for siloxanes by the Interagency Testing Committee ( ITC). 2 Submissions/ studies are received, logged, internally tracked, duplicated, distributed to government scientists for review and analysis, indexed, microfiched and made publicly available through the TSCA Test Submissions ( TSCATS) database. However, TSCATS is only an online index of, and pointer system to, the large volume of unpublished studies; the full texts are available only in paper or on microfiche.

Under the auspices and funding of the Silicone Environmental Health and Safety Council ( SEHSC), industry, EPA, and the ITC developed a model software application for submitting summary data for the section 8( d) siloxane data call in. This model was designed around the TSCATS data structure but expanded to include additional data elements deemed valuable by industry. The objective was to capture comprehensively all submissions and studies from the ten SEHSC member companies for EPA =

s more efficient and effective receipt, tracking, processing, identification, internal and external search and retrieval, and upload to TSCATS for public availability. In addition, discussions were initiated and are ongoing for the electronic transfer by electronic medium or EDI of full submissions.

OPPT initiated a voluntary pilot program to accept certain Health and Safety Data submissions in an electronic format. Participating companies submit TSCA Health and Safety Study Cover Sheet( s) with attached electronic copies of the studies over the Internet. The studies are submitted in Portable Document Format ( PDF) and digitally signed using the Public Key Infrastructure ( PKI) standard. Allowing industry to submit TSCA Health and Safety Studies over the Web will reduce burden on Industry as well as the Agency by incorporating standardization and indexing of data, on line help and automatic processing. This will also assist EPA in meeting goals established in the Paperwork Reduction Act ( PRA) and the Government Paperwork Elimination Act ( GPEA).

As a follow up to the experience with the TSCA section 8( d) siloxane data call in, the Chemical Manufacturers Association ( CMA, now known as the American Chemical Council [ ACC] and so referred to in the rest of this document), the Specialty Organics Chemical Manufacturers Association ( SOCMA), and the Chemical Industry Data Exchange ( CIDX), are actively and cooperatively pursuing summary data transfer by software application and EDI. In particular, ACC led the effort to develop the standardized cover sheet for voluntary use by industry as a first step to an electronic future and to begin familiarizing companies with standard requirements and concepts of electronic commerce. This form, entitled " TSCA Health and Safety Study Cover Sheet," was designed by ACC for voluntary use as a cover sheet for submissions of information under TSCA sections 4, 8( d) and 8( e), and now under VCCEP as well.

The voluntary use of a cover sheet facilitates the submission of information by displaying certain basic data elements, permitting EPA more easily to identify, log, track, distribute, review and index submissions, and makes information publicly available more rapidly and at reduced cost via TSCATS, to the mutual benefit of both industry and EPA. It is this form/ cover sheet that is addressed in this information collection request. 3 2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection The standardized cover sheet discussed in this ICR is used in conjunction with submissions of information as required under TSCA sections 4, 8( d), 8( e) and VCCEP. The need and authority for these reporting requirements are discussed in detail in the information collection requests associated with these requirements and are not themselves relevant to the discussion of the use of the standardized cover sheet form that follows.

ACC and member companies actively utilize electronic commerce in their daily business operations. They recognize the future importance of electronic commerce for all their operations. This TSCA Cover Sheet is a first step in standardizing data and terms to promote the acceptance and implementation of electronic TSCA submissions to and communications with the Agency. ACC has determined that this TSCA Cover Sheet, as a paper and near term electronic version, will achieve efficiencies through industry industry and industry EPA cooperation, will engender more efficient systems, and will result in significant money and time savings.

2( b) Use/ Users of the Data EPA staff members in the Office of Pollution Prevention and Toxics ( OPPT) are the primary users of the data found on the standardized cover sheet. OPPT employees use the information displayed on the cover sheet to identify the submission when it reaches EPA without having to examine portions of a submission that may be very lengthy and complex. OPPT staff members subsequently use information from the cover sheet to distribute, locate and track the submission as the submission moves through Agency reviews and decision points, to index the data, and to identify the data within the TSCATS database in making the data publicly available.

OPPT and ACC expect that the use of the TSCA Cover Sheet by industry will provide EPA the following benefits: expedited processing; reduced errors; improved data quality; more timely EPA access and scientific review; improved communication between EPA and industry submitters; quicker public availability; and overall time and money savings.

In addition, ACC and OPPT expect that the use of the TSCA Cover Sheet by industry will provide industry the following benefits: improved internal company storage; more efficient preparation and submission; standardized keywords; improved data quality; quicker decisions; improved understanding of EPA =

s needs; quicker access through TSCATS to relevant studies by industry toxicologists; and significant potential cost savings from non initiation/ non duplication of studies through rapid TSCATS availability. 4 3. NON DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA 3( a) Non Duplication The use of the Voluntary TSCA Cover Sheet is not a separate collection activity; rather it simply offers a cover form that may be used in conjunction with other submissions. These submissions still occur only once. As such, there is no duplicative collection.

3( b) Public Notice Required Prior to ICR Submission to OMB Prior to submission to OMB, this ICR will be made available to the public for comment through a Federal Register notice. The public will have 60 days to provide comments. Any comments received will be given consideration when completing the supporting statement that is submitted to OMB.

3( c) Consultations This effort developed from the cooperative effort among the Silicone Environmental Health and Safety Council ( SEHSC), the Interagency Testing Committee ( ITC), and EPA for the SEHSC developed data base effort in response to the 30th ITC list/ TSCA section 8( d) reporting. Out of this effort, ACC and SOCMA initiated subsequent discussions with EPA for their design and pilot of the Voluntary TSCA Cover Sheet. ACC and SOCMA are committed to encouraging member companies to use the cover sheet when submitting TSCA studies under sections 4, 8( d), 8( e) and VCCEP to EPA.

EPA will pursue additional consultations with interested parties during the development of the renewal of this collection.

3( d) Effects of Less Frequent Collection Since the use of this cover sheet is strictly voluntary on the part of respondents, this is not applicable.

3( e) General Guidelines The use of this cover sheet does not exceed any of the PRA guidelines at 5 CFR 1320.6.

3( f) Confidentiality Any information included on the cover sheet may be claimed as confidential by the respondent. Claims of confidentiality are handled according to EPA procedures described in 40 CFR Part 2 and in the TSCA Confidential Business Information Security Manual, which call for careful protection of confidential, trade secret or proprietary information. 5 3( g) Sensitive Questions This information collection does not include questions of a sensitive nature.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and NAICS Codes Respondents affected by this activity are found mainly under NAICS codes 324  Petroleum and Coal Products Manufacturing, and 325  Chemical Manufacturing.

4( b) Information Requested ( i) Data Items The Voluntary Cover Sheet simply captures certain information that is being submitted under another approved ICR. The data items included on the Cover Sheet are already contained in the submission to which the cover sheet is attached, and include the following:

Data Element Description 1. Submission Type Identifies the submission, including the type of submission and whether it is the initial submission, a follow up or a final report.

2. Summary of Attachment Allows the respondent to provide a summary or abstract of the attached study or report, any internal company tracking number, an EPA tracking number, and an indication of the number of studies submitted.

3. Chemical Identification Identifies the chemical( s) addressed in the submission.

4. Title of Attachment Identifies the title of the attached study or report.

5. Indexing Terms Allows the respondent to identify the proper terms to use for indexing purposes, which facilitates the search and retrieval of the information.

6. Study/ Report Information Provides specific information regarding the attached study or report, including the source, date of the study or report, sponsor( s), and the length of the document. 6 7. Submitter Information Identifies the submitter and/ or technical contact, including name, title, company, mailing address, phone and e mail address.

8. Comments Allows the submitter to provide any additional comments, so as to avoid the need for or use of a separate cover letter.

9. Signature A signature is required for submissions under section 8( e); the cover form provides a place for the submitter =

s signature, thereby avoiding the need for or use of a separate cover letter.

10. Continuation Allows the submitter to expand the response to any of the previous items, if needed, without the need to use a separate cover letter or additional forms.

A copy of the sample Voluntary Cover Sheet for TSCA Submissions is attached to this ICR, along with the instructions provided to users. ACC designed the form to capture all data and information required under " Notification of Substantial Risk of Injury to Health and the Environment under TSCA Section 8( e)," and determined there was significant value for standardized data presentation under TSCA sections 4, 8( d) and 8( e). Additionally, TSCATS index codes to identify study type, subject organism ( if appropriate), and route of exposure ( if appropriate) are included.

( ii) Respondent Activities After making the determination to submit information to EPA under TSCA sections 4 or 8, VCCEP, or to otherwise submit TSCA related chemical information to EPA, the submission of which is covered under separate ICRs, the respondent will decide whether or not to use the TSCA Cover Sheet for that submission. The use of the TSCA Cover Sheet for submissions under TSCA is completely voluntary. However, ACC and SOCMA explicitly solicit and encourage their members to use it for all such submissions.

Once the respondent has decided to use the Voluntary TSCA Cover Sheet, the respondent simply completes the form by transferring or summarizing the information that the respondent has already assembled as part of its submission. In many cases the use of this cover sheet takes the place of a cover or transmittal letter to EPA that the respondent might otherwise routinely prepare, containing much of the same information as is found on the cover sheet. Respondents are not obliged to prepare or develop additional data or information in order to use the cover sheet.

The completed cover sheet is then included as part of the submission to EPA. Please note, this ICR does not include any burden or costs associated with the actual transmittal of the information to EPA, or that associated with maintaining a copy of the submission in their records. The existing ICRs that address the underlying submission already include the burden and costs 7 associated with copying and mailing the submission to the Agency, and with keeping a copy of the submission in their records.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities OPPT staff use the information found on the cover sheet to identify the type of submission or the type of information contained in a submission, to route a submission to other EPA staff for review, evaluation or action, to file or retrieve a submission, and to conduct other routine information management tasks associated with the receipt and processing of a submission. Since the information appears in a consistent, standardized format, OPPT staff members are able to complete these tasks in a highly efficient manner.

OPPT staff members review and take action upon the submissions themselves in accordance with procedures that are described in greater detail in the information collection requests associated with the specific reporting requirements previously referenced.

5( b) Collection Methodology and Management Since this is a standardized cover sheet attached to a more detailed and lengthy submission, the collection methodology and management of this cover sheet necessarily follow the collection methodology and management associated with the specific information collections for which this cover sheet will be utilized. These collections are described in greater detail in the information collection requests associated with the specific reporting requirements previously referenced.

In general EPA enters the information found on the cover sheet into Agency information management systems so as to identify, locate and track the submission as the submission moves through appropriate Agency reviews and actions. EPA anticipates that the use of the cover sheet by respondents will result in cost and time savings, greater data accuracy and quality, and more timely public availability of data.

5( c) Small Entity Flexibility The use of this voluntary cover sheet does not directly affect any existing small entity flexibility applicable to respondents to the reporting requirements under TSCA sections 4, 8( d), 8( e) or VCCEP. Any small entity flexibility associated with these collections is described in greater detail in the information collection requests associated with these reporting requirements. ( In general, reporting requirements under TSCA sections 8( d) and 8( e) apply to all respondents, regardless of size. Small entities required to report under TSCA section 4 have certain options available to them in responding to those requirements. Under VCCEP, no company is required to 8 participate.) For those respondents, whether large or small, that respond to these information collections, the use of this cover sheet should provide a more efficient means of submitting required information. However, since the use of this cover sheet is strictly voluntary ( although the underlying reporting requirement may be mandatory), a respondent may choose not to use the form at all.

5( d) Collection Schedule Since this is a standardized cover sheet attached to a more detailed and lengthy submission, the collection schedule associated with this cover sheet necessarily follows the collection schedules associated with the specific information collections for which this cover sheet will be utilized. In general, responses to reporting requirements under TSCA sections 4, 8( d), 8( e) and VCCEP are " on occasion" responses for which a strict collection schedule does not apply.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION In using this Voluntary TSCA Cover Sheet effort, respondents are not required to generate any new data; rather they simply transfer information from the underlying submission to the cover sheet. Although the information included in the cover sheet is often included in a cover letter, the Agency has not attempted to estimate any burden adjustment to the underlying ICRs to reflect the use of the Voluntary TSCA Cover Sheet, rather than a cover letter to the Agency. This ICR only estimates the burden and costs associated with the use of the Voluntary TSCA Cover Sheet. As such, it estimates the burden and costs related to the respondent's review of the instructions, completion of the form, and the identification of the appropriate TSCATS study index terms.

6( a) Estimating Respondent Burden Based on the industry estimates provided during the ACC initiated pilot of the cover sheet in the spring of 1996, which ranged from 15 minutes to an hour, EPA estimates that the average burden associated with the use of the cover sheet is approximately 30 minutes ( 0.5 hour).

Using recent estimates of the yearly average number of potential submissions expected under the other ICRs for submissions related to TSCA sections 4, 8( d), 8( e) and VCCEP, and assuming that respondents used the Voluntary TSCA Cover Sheet for every submission, Table 1 illustrates the total potential burden related to this ICR. This assumption effectively results in an overstatement of the total burden associated with the use of the Voluntary TSCA Cover Sheet since not all respondents will choose to use the cover sheet. However, there are no reliable data available to suggest a lesser level of use of the form that EPA could use to calculate the burden associated with its use. The burden identified below should be considered the maximum upward bound for the total burden rather than a precise estimate of the burden based on the actual real life use of the form. 9 Table 1 B Total Potential Burden Submission Type Total Average Annual Submissions Burden Hours and Cost per Submission Burden Costs 1 Total Burden Hours and Cost TSCA Sec. 4 2 1,425 0.5 $ 24.86 712.5 $ 35,426 TSCA Sec. 8( d) 3 36 0.5 $ 24.86 18.0 $ 895 TSCA Sec. 8( e)  initial 4 345 0.5 $ 24.86 172.5 $ 8,577 TSCA Sec. 8( e)  follow up 4 108 0.5 $ 24.86 54.0 $ 2,685 VCCEP 4 209 0.5 $ 24.86 104.5 $ 5,196 Total Potential Burden 2,123 0.5 $ 24.86 1,061.5 $ 52,779 Since the Voluntary TSCA Cover Sheet is expected to be used in lieu of the letter that has been used in the past to transmit submission to the Agency, this burden should not be considered additive to the existing burden estimates provided in the underlying ICRs. Accounting for this separately in this ICR may also result in the double counting of this particular burden. However, the Agency wishes to continue the voluntary use of this cover sheet and will account for its burden separately until the form is more widely used.

6( b) Estimating Respondent Cost Based on information provided by ACC, a technical level employee is expected to complete the Voluntary TSCA Cover Sheet. For purposes of estimating the cost associated with completing this form, EPA used the most current average industry labor costs for technical employees of $ 49.72 per hour ( Source: Labor rates are unpublished December 2004 data from BLS for all manufacturing industries, the most recent available. The estimates include fringe benefits and 17% overhead). As shown in Table 1, the total potential cost associated with 1 This is based on an estimated labor cost of $ 49.72/ hour, as discussed in section 6( b).

2 Section 4 Test Rules and Consent Orders, including HPV Challenge Program Submissions; OMB No. 2070 0033; EPA ICR No. 1139.06; February 2005.

3 TSCA Section 8( d) Health and Safety Data Reporting Rule; OMB No. 2070 0004; EPA ICR No. 0575.09; April 2005.

4 Notification of Substantial Risk of Injury to Health and the Environment under TSCA Section 8( e); OMB No. 2070 0046; EPA ICR No. 0794.10; September 2005.

5 Data Submissions for the Voluntary Children's Chemical Evaluation Program ( VCCEP); OMB No. 2070 0165; EPA ICR No. 2055.02; December 2005. 10 completing the cover form is $ 52,779.

6( c) Estimating Agency Burden and Cost Industry use of the cover sheet does not increase Agency burden and cost over that currently associated with these information collections. It is anticipated, in fact, that the Agency =

s costs for data processing, system support and storage and distribution may decrease. Currently EPA staff must extract cover sheet information from the submission itself and any accompanying cover letter; this task will be eased by EPA staff being able to obtain necessary information directly from the standardized form.

Current Agency burden and costs are:

Section 4: 5,911 hours / $ 327,883 ( Source: Section 4 Test Rules and Consent Orders; OMB No. 2070 0033; EPA ICR No. 1139.07; June 2005)

Section 8( d): 5,720 hours / $ 233,908 ( Source: TSCA Section 8( d) Health and Safety Data Reporting Rule; OMB No. 2070 0004; EPA ICR No. 0575.09; February 2003)

Section 8( e): $ 50,685 ( Source: Notification of Substantial Risk of Injury to Health and the Environment under TSCA Section 8( e); OMB No. 2070 0046; EPA ICR No. 0794.10; June 2003)

VCCEP: 1,100 hours / $ 575,242 ( Source: Data Submissions for the Voluntary Children's Chemical Evaluation Program ( VCCEP); OMB No. 2070 0165; EPA ICR No. 2055.01; September 2003)

In addition, it should be noted that the time and costs for making publicly available TSCA data and information in TSCATS is estimated to be reduced by approximately 25 33% for studies/ submissions utilizing the voluntary cover sheet.

6( d) Bottom Line Burden Hours and Costs ( i) Respondent Tally Each use of the cover sheet is estimated to result in a burden of 0.5 hours, at a cost of $ 24.86. The Agency estimates a total of 2,123 submissions each year, so the total potential burden associated with this ICR is estimated to be 1,061.5 hours, at an estimated cost of $ 52,779. 11 ( ii) Agency Tally Industry use of the cover sheet does not increase Agency burden and cost over that currently associated with the underlying information collections with which the cover sheet is used, which are covered by other ICRs.

6( e) Reasons for Change in Burden There is a decrease of 8,074.5 hours ( from 9,136 hours to 1,061.5 hours) in the total estimated respondent burden compared with that identified in the information collection most recently approved by OMB. This decrease reflects a decrease in the estimated number of submissions under TSCA sections 4, 8( d) and 8( e), offset by the estimated number of submissions under VCCEP, for which the Voluntary TSCA Cover Sheet could be used, in particular a substantial decrease in the estimated number of TSCA section 4 submissions. ( As discussed in the TSCA section 4 ICR identified elsewhere in this document, this decrease results from a reduction in the estimated number of section 4 test rules and Enforceable Consent Agreements EPA expects to issue, as well as a reduction in the estimated testing remaining for the HPV Challenge Program. EPA also now estimates the VCCEP submissions in a separate ICR.) Since the use of the Voluntary TSCA Cover Sheet is a direct reflection of the number of submissions received under TSCA sections 4, 8( d), 8( e) and VCCEP, any change in the estimated numbers of submissions under those requirements will result in a parallel change in the burden hours associated with this information collection. The potential number of annual submissions may change from year to year, but the Agency believes that the estimated number of submissions used in this ICR is reasonable. In addition, EPA now uses more accurate BLS data for labor rates, resulting in lowered respondent costs. This decrease represents an adjustment.

6( f) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070 0156, is estimated to average 0.5 hours per response. According to the Paperwork Reduction Act, A burden @

means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For this collection it includes the time needed to review instructions; train personnel to be able to respond to the collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this information collection appears above and on the form. In addition, the OMB control numbers for EPA =

s regulations, after initial display in the final rule, are listed in 40 CFR part 9.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use 12 of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA HQ OPPT 2006 0499, which is available for public viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1544 and the telephone number for the Pollution Prevention and Toxics Docket is ( 202) 566 0280. An electronic version of the public docket is available through the Federal Docket Management System ( FDMS) at www. regulations. gov. Use FDMS to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA HQ OPPT 2006 0499 and OMB control number 2070 0156 in any correspondence.


[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Proposed Rules]
[Pages 38086-38089]
[FR Doc No: 2011-16345]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0546]
RIN 1625-AA00

Safety Zone; Labor Day Fireworks, Ancarrows Landing Park, James
River, Richmond, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a safety zone on the
navigable waters of James River in Richmond, VA in support of the Labor
Day Fireworks event. This action is necessary to provide for the safety
of life on navigable waters during the Labor Day Fireworks show. This
action is intended to restrict vessel traffic movement to protect
mariners and spectators from the hazards associated with aerial
fireworks displays.

DATES: Comments and related material must be received by the Coast
Guard on or before July 29, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0546 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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 notice
of proposed rulemaking, call or e-mail LCDR Christopher O'Neal,
Waterways Management Division Chief, Sector Hampton Roads, Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>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-2011-0546), 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 http://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 e-mail 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-2011-0546'' 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 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.

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-2011-0546'' 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 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.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LCDR Christopher O'Neal at the telephone number or e-mail
address indicated under the FOR FURTHER INFORMATION CONTACT section of
this notice.

Basis and Purpose

    On September 5, 2011 the City of Richmond will sponsor a fireworks
display on the shoreline of the navigable waters of the James River
centered on position 37[deg]31'13.1'' N/077[deg]25'07.84'' W (NAD
1983). Due to the need to protect mariners and spectators from the
hazards associated with the fireworks display, such as the accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris, vessel traffic will be temporarily restricted within
420 feet of the fireworks launch site.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a temporary safety zone on
specified waters of the James River within the area bounded by a 420-
foot radius circle centered on position 37[deg]31'13.1'' N/
077[deg]25'07.84'' W (NAD 1983). This safety zone will be established
in the vicinity of Richmond, VA from 8 p.m. to 9 p.m. on September 5,
2011. In the interest of public safety, general navigation within the
safety zone will be restricted during the specified date and times.
Except for participants and vessels authorized by the Coast Guard
Captain of the Port or his representative, no person or vessel may
enter or remain in the regulated area.

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.

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,
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.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
proposed regulation restricts access to the safety zone, the effect of
this rule will not be significant because: (i) The safety zone will be
in effect for a limited duration; (ii) the zone is of limited size; and
(iii) the Coast Guard will make notifications via maritime advisories
so mariners can adjust their plans accordingly.

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 because the zone will only be in place for a
limited duration, it is limited in size, and maritime advisories will
be issued allowing the mariners to adjust their plans accordingly.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor in that portion of the James River from
8 p.m. to 9 p.m. on September 5, 2011.
    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. 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 LCDR Christopher O'Neal,
Waterways Management Division Chief, Sector Hampton Roads, Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>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 an 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 is 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 establishing a safety zone around a fireworks display.
The fireworks are launched from land and the safety zone is intended to
keep mariners away from any debris that may enter the water. 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. Add Sec.  165.T05-0546 to read as follows:

165.T05-0546  Safety Zone; Labor Day Fireworks, Ancarrows Landing Park,
James River, Richmond, VA.

    (a) Regulated Area. The following area is a safety zone: Specified
waters of the Captain of the Port Sector Hampton Roads zone, as defined
in 33 CFR 3.25-10, in the vicinity of the James River in Richmond, VA
and within 420 feet of position 337[deg]31'13.1'' N/077[deg]25'07.84''
W (NAD 1983).
    (b) Definition. For the purposes of this part, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone Number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement period. This regulation will be enforced from 8
p.m. until 9 p.m. on September 5, 2011.

    Dated: June 17, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard Captain of the Port Hampton Roads.
[FR Doc. 2011-16345 Filed 6-28-11; 8:45 am]
BILLING CODE 9110-04-P