[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25579-25582]
[FR Doc No: 2013-10408]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2009-0961; FRL-9806-9]

Georgia: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Georgia has applied to EPA for final authorization of changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). EPA has determined that these changes satisfy all
requirements needed to qualify for final authorization, and is
authorizing the State's changes through this immediate final rule. In
the ``Proposed Rules'' section of today's Federal Register, EPA is also
publishing a separate notice that serves as the proposal to authorize
these changes. EPA believes this action is not controversial and does
not expect comments that oppose it. Unless EPA receives written
comments that oppose this authorization during the comment period, the
decision to authorize Georgia's changes to its hazardous waste program
will take effect. If EPA receives comments that oppose this action, EPA
will publish a notice in the Federal Register withdrawing today's
immediate final rule before it takes effect, and the separate notice
published in today's ``Proposed Rules'' section of this Federal
Register will serve as the proposal to authorize the changes.

DATES: This final authorization will become effective on July 1, 2013
unless EPA receives adverse written comment by June 3, 2013. If EPA
receives such comment, EPA will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2009-0961, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov:
Follow the on-line instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (prior to faxing, please notify the
EPA contact listed below).
     Mail: Send written comments to Gwendolyn Gleaton, Permits
and State Programs Section, RCRA Programs and Materials Management
Branch, RCRA Division, U.S. Environmental Protection Agency, Atlanta
Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
     Hand Delivery or Courier: Deliver your comments to
Gwendolyn Gleaton, Permits and State Programs Section, RCRA Programs
and Materials Management Branch, RCRA Division, U.S. Environmental
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    Instructions: EPA must receive your comments by June 3, 2013.
Please refer to Docket Number EPA-R04-RCRA-2009-0961. Do not submit
information that you consider to be confidential business information
or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the

comment that is placed in the public docket and made publicly available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    You may view and copy Georgia's applications and associated
publicly available materials from 8:00 a.m. to 4:00 p.m. at the
following locations: EPA, Region 4, RCRA Division, Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; telephone
number:<PHONE_NUMBER>; and the Georgia Department of Natural
Resources, Environmental Protection Division, 2 Martin Luther King, Jr.
Drive, Suite 1154 East Tower, Atlanta, Georgia 30334-4910; telephone
number:<PHONE_NUMBER>. Interested persons wanting to examine these
documents should make an appointment with the office at least a week in
advance.

FOR FURTHER INFORMATION CONTACT: Gwendolyn Gleaton, Permits and State
Programs Section, RCRA Programs and Materials Management Branch, RCRA
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; telephone number:
(404) 562-8500; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273 and 279.
    New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized States at the
same time that they take effect in unauthorized States. Thus, EPA will
implement those requirements and prohibitions in Georgia, including the
issuance of new permits implementing those requirements, until the
State is granted authorization to do so.

B. What decisions has EPA made in this rule?

    On January 8, 2007, and August 14, 2008, Georgia submitted final
complete program revision applications, seeking authorization of
changes to its hazardous waste program. EPA concludes that Georgia's
applications to revise its authorized program meet all of the statutory
and regulatory requirements established by RCRA. Therefore, EPA grants
Georgia final authorization to operate its hazardous waste program with
the changes described in the authorization applications, and as
outlined below in Section G of this notice.
    Georgia has responsibility for permitting treatment, storage, and
disposal facilities within its borders and for carrying out the aspects
of the RCRA program described in its revised program applications,
subject to the limitations of HSWA, as discussed above.

C. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in
Georgia's authorization applications will become part of the authorized
State hazardous waste program, and will therefore be federally
enforceable. Georgia will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. EPA
retains its authorities under RCRA sections 3007, 3008, 3013, and 7003,
including its authority to:
     Conduct inspections, and require monitoring, tests,
analyses or reports;
     Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the State regulations for which Georgia is
being authorized by today's action are already effective and
enforceable requirements under State law, and are not changed by
today's action.

D. Why wasn't there a proposed rule before today's rule?

    Along with this immediate final rule, EPA is publishing a separate
notice in the ``Proposed Rules'' section of today's Federal Register
that serves as the proposal to authorize these State program changes.
EPA did not publish a proposed rule before today because EPA views this
as a routine program change and does not expect comments that oppose
this approval. EPA is providing an opportunity for public comment now,
as described in Section E of this notice.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, EPA will
withdraw today's immediate final rule by publishing a document in the
Federal Register before the rule becomes effective. EPA will base any
further decision on the authorization of the State program changes on
the proposed rule mentioned in the previous section, after considering
all comments received during the comment period, and will address all
such comments in a later final rule. You may not have another
opportunity to comment on these State program changes. If you want to
comment on this authorization, you must do so at this time.
    If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA will
withdraw that part of today's immediate final rule but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified above. The Federal Register
withdrawal document will specify which part of the authorization will
become effective, and which part is being withdrawn.

F. What has Georgia previously been authorized for?

    Georgia initially received final authorization on August 7, 1984,
effective August 21, 1984 (49 FR 31417), to implement a hazardous waste
management program. EPA granted authorization for changes to Georgia's
program on the following dates: July 7, 1986, effective September 18,
1986 (51 FR 24549); July 28, 1988, effective September 26, 1988 (53 FR
28383); July 24, 1990, effective September 24, 1990 (55 FR 30000);
February 12, 1991, effective April 15, 1991 (56 FR 5656); May 11, 1992,
effective July 10, 1992 (57 FR 20055); November 25, 1992, effective
January 25, 1993 (57 FR 55466); February 26, 1993, effective April 27,
1993 (58 FR 11539); November 16, 1993,

effective January 18, 1994 (58 FR 60388); April 26, 1994, effective
June 27, 1994 (59 FR 21664); May 10, 1995, effective July 10, 1995 (60
FR 24790); August 30, 1995, effective October 30, 1995 (60 FR 45069);
March 7, 1996, effective May 6, 1996 (61 FR 9108); September 18, 1998,
effective November 17, 1998 (63 FR 49852); October 14, 1999, effective
December 13, 1999 (64 FR 55629); November 28, 2000, effective March 30,
2001 (66 FR 8090); July 16, 2002, effective September 16, 2002 (67 FR
46600); November 19, 2002, effective January 21, 2003 (67 FR 69690);
July 18, 2003, effective September 16, 2003 (68 FR 42605); January 27,
2005, effective April 20, 2005 (70 FR 12973); and April 25, 2006,
effective June 26, 2006 (71 FR 23864).

G. What changes is EPA authorizing with this action?

    On January 8, 2007, and August 14, 2008, Georgia submitted final
complete program revision applications, seeking authorization of its
changes in accordance with 40 CFR 271.21. EPA now makes an immediate
final decision, subject to receipt of written comments that oppose this
action, that Georgia's hazardous waste program revisions satisfy all of
the requirements necessary to qualify for final authorization.
Therefore, EPA grants Georgia final authorization for the following
program changes:

------------------------------------------------------------------------
    Description of Federal       Federal Register     Analogous State
          requirement             date and page        Authority \1\
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207--Uniform Hazardous Waste    70 FR 10776......  391-3-11-.02(1); 391-
 Manifest Rule.                 03/04/05.........   3-11-.07(1); 391-3-
                                                    11-.08(1); 391-3-11-
                                                    .09; and 391-3-11-
                                                    .10(1) and (2).
                                70 FR 35034......
                                06/16/05.........
208--Methods and Innovation     70 FR 34538......  391-3-11-.02(1); 391-
 Rule and SW-846 Final Update   06/14/05.........   3-11-.07(1) and (2);
 IIIB.                                              391-3-11-.10(1), (2)
                                                    and (3); 391-3-11-
                                                    .11(3)(h); 391-3-11-
                                                    .11(10); 391-3-11-
                                                    .16; and 391-3-11-
                                                    .17.
                                70 FR 44150......
                                08/01/05.........
209--Universal Waste Rule;      70 FR 45508......  391-3-11-.02(1); 391-
 Specific Provisions for        08/05/05.........   3-11-.07(1); 391-3-
 Mercury Containing Equipment.                      11-.10(1) and (2);
                                                    391-3-11-.16; and
                                                    391-3-11-.18.
211--Revision of Wastewater     70 FR 57769......  391-3-11-.07(1).
 Treatment Exemptions for       10/04/05.........
 Hazardous Waste Mixtures
 (``Headworks exemptions'').
212--NESHAP: Final Standards    70 FR 59402......  391-3-11-.02(1); 391-
 for Hazardous Waste            10/12/05.........   3-11-.10(1), (2) and
 Combustors (Phase I Final                          (3); 391-3-11-
 Replacement Standards and                          .11(3)(c) and (h);
 Phase II).                                         391-3-11-.11(5)(c);
                                                    391-3-11-.11(7)(d);
                                                    and 391-3-11-.11(10)
                                                    and (13).
No Checklist--Identification    70 FR 60217......  391-3-11-.07(1).
 and Listing of Hazardous       10/17/05.........
 Waste (CFR Correction).
214--Corrections to Errors in   71 FR 40254......  391-3-11-.02(1); 391-
 the Code of Federal            07/14/06.........   3-11-.05(1); 391-3-
 Regulations.                                       11-.07(1) and (2);
                                                    391-3-11-.08(1); 391-
                                                    3-11-.10(1), (2) and
                                                    (3); 391-3-11-
                                                    .11(1)(a); 391-3-11-
                                                    .11(3)(c), (d), (f),
                                                    (g) and (h); 391-3-
                                                    11-.11(5)(d); 391-3-
                                                    11-.11(7)(c) and
                                                    (d); 391-3-11-
                                                    .11(11) and (12);
                                                    391-3-11-.16; 391-3-
                                                    11-.17; and 391-3-11-
                                                    .18.
215--Cathode Ray Tubes Rule...  71 FR 42928......  391-3-11-.02(1) and
                                07/28/06.........   391-3-11-.07(1).
No Checklist--Standards for     72 FR 35666......  391-3-11-.18.
 Universal Waste Management     06/29/07.........
 (CFR Correction).
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\1\ The Georgia provisions analogous to the Uniform Hazardous Waste
  Manifest Rule and the Universal Waste Rule were effective March 13,
  2006. The Georgia provisions analogous to the remaining Federal
  requirements were effective June 23, 2008.

H. Where are the revised State rules different from the Federal rules?

    There are no State requirements in this program revision considered
to be more stringent or broader in scope than the Federal requirements.
    While Georgia has adopted the necessary regulations to receive
authorization for the Uniform Hazardous Waste Manifest Rule set forth
in 70 FR 10776, March 4, 2005, EPA cannot delegate the Federal manifest
registry functions or the export or import provisions contained in such
rule. As a result, EPA will continue to implement these requirements.
Similarly, EPA cannot delegate the Federal requirements at 40 CFR
261.39(a)(5), 261.40 and 261.41 contained in the Cathode Ray Tubes Rule
set forth in 71 FR 42928, July 28, 2006. While Georgia has properly
adopted these requirements by reference at Georgia Hazardous Waste
Management Rule 391-3-11-.07(1), EPA will continue to implement these
requirements.

I. Who handles permits after the authorization takes effect?

    Georgia will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which EPA issued prior to the effective date of this authorization
until they expire or are terminated. EPA will not issue any more
permits or new portions of permits for the provisions listed in the
Table above after the effective date of this authorization. EPA will
continue to implement and issue permits for HSWA requirements for which
Georgia is not authorized.

J. What is codification and is EPA codifying Georgia's hazardous waste
program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. EPA does this by
referencing the authorized State rules in 40 CFR part 272. EPA is not
codifying the authorization of Georgia's changes at this time. However,
EPA reserves the amendment of 40 CFR part 272, subpart L, for the
authorization of Georgia's program changes at a later date.

K. Administrative Requirements

    The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866

(58 FR 51735, October 4, 1993), and therefore this action is not
subject to review by OMB. This action authorizes State requirements for
the purpose of RCRA 3006 and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes pre-existing requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same
reason, this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective July 1, 2013, unless objections to this
authorization are received.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority:  This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: March 28, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-10408 Filed 5-1-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30188-30194]
[FR Doc No: 2012-12316]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2011-1026]
RIN 1625-AA08; AA00

Safety Zones; Annually Recurring Marine Events in Coast Guard
Southeastern New England Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending special local regulations and
establishing permanent safety zones in Coast Guard Southeastern New
England Captain of the Port (COTP) Zone for annually recurring marine
events.

DATES: This rule is effective June 21, 2012.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-1026 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-1026 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Edward G. LeBlanc at Coast Guard

Sector Southeastern New England,<PHONE_NUMBER>. If you have questions on
viewing the docket, please call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 3, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zones; Annually Recurring Marine Events in
Coast Guard Southeastern New England Captain of the Port Zone'' in the
Federal Register (77 FR 5463). We received no comments on the proposed
rule.

Basis and Purpose

    The legal basis for the 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; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to define safety zones.
    Many marine events are held annually on a recurring basis on or
over the navigable waters within the Coast Guard Southeastern New
England COTP Zone. These events include sailing regattas, powerboat
races, rowboat races, parades, swim events, air shows, and fireworks
displays. This rule will consistently apprise the public of recurring
marine events in the Coast Guard Southeastern New England COTP Zone in
a timely manner through permanent publication in Title 33 of the Code
of Federal Regulations. The Table in this rule lists each annually
recurring event requiring a regulated area as administered by the Coast
Guard.
    By establishing permanent regulations for these events, the Coast
Guard eliminates the need to establish temporary rules for events that
occur on an annual basis. This rule also amends local regulations for
events already contained in 33 CFR Part 100 both to update event
information as well as to move fireworks displays to part 165, a
citation that better meets the Coast Guard's intended purpose of
ensuring safety during these events.

Background

    This rule removes sections 33 CFR 100.112, 100.113, 100.116,
revises 33 CFR 100.114, and adds a new section, 33 CFR 165.173. The
rule removes seven outdated marine events and establishes permanent
regulated areas in conjunction with 24 other recurring marine events.
The rule applies to each recurring marine event listed in the attached
Table in the Coast Guard Southeastern New England COTP Zone. The Table
provides the event name, type, and approximate safety zone dimensions
as well as approximate dates, times, and locations of the events. The
specific times, dates, regulated areas and enforcement period for each
event will be provided through the Local Notice to Mariners, Broadcast
Notice to Mariners or through a Notice of Enforcement published in the
Federal Register.
    Three fireworks displays include safety zones which may be enforced
365 days a year. The purpose of these 365 day safety zones is to permit
sponsors the flexibility to hold similar fireworks displays at the same
location on different days and for different events without the need of
creating temporary final rules. These three 365 day Safety Zones can be
found in section 1.0 in the Table below.
    The particular size of the safety zones established for each event
will be reevaluated on an annual basis in accordance with Navigational
and Vessel Inspection Circular (NVIC) 07-02, Marine Safety at Firework
Displays, the National Fire Protection Association Standard 1123, Code
for Fireworks Displays (100-foot distance per inch of diameter of the
fireworks mortars), and other pertinent regulations and publications.

Discussion of Comments and Changes

    No comments were received, and no changes were made to the language
contained in the NPRM.

Regulatory Analyses

    We developed this 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.
    We expect minimal additional cost impacts to the industry because
this rule is not imposing fees, permits, or specialized requirements
for the maritime industry to utilize this anchorage area. The effect of
this rule is not significant as it only updates currently listed
annually recurring events, and serves to permanently publish special
local regulations and safety zones for annually recurring events that
heretofore had been published on an individual case-by-case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
might be small entities: Owners or operators of vessels intending to
transit, fish, or anchor in the areas where the listed annually
recurring events are being held.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from safety zones for a short duration of time;
vessels may transit in portions of the affected waterway except for
those areas covered by this rule; and vessels may enter or pass through
the affected waterway with the permission of the COTP or the COTP's
representative. The Coast Guard has promulgated safety zones or special
local regulations in accordance with 33 CFR parts 100 and 165 for all
event areas in the past and has not received notice of any negative
impact caused by any of the safety zones or special local regulations;
and notifications will be made to the local maritime community through
the Local Notice to Mariners well in advance of the events. If the
event does not have a date listed, then exact dates and times of the
enforcement period will be announced through a Notice of Enforcement in
the Federal Register. No new or additional restrictions would be
imposed on vessel traffic.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding this rule so that they can
better evaluate its effects on them and participate in the rulemaking
process.

    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls 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 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 rule does not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. Any
comments made in response to the previously published Notice of
Proposed Rulemaking for this action were also considered in arriving at
this conclusion. This rule is categorically excluded, under figure 2-1,
paragraphs (34)(g) and (34)(h) of the Instruction since it involves
establishment of safety zones for annually recurring marine events,
including marine related fireworks events and special local regulations
for regattas. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

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 amends
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 reads as follows:

    Authority:  33 U.S.C. 1233.

0
2. Remove Sec. Sec.  100.112 and 100.113.

Sec.  100.114  [Amended]

0
3. Remove the following entries in the ``Fireworks Display Table'' in
Sec.  100.114 (along with the associated ``Massachusetts'' and ``Rhode
Island'' titles and the headings for August, September, October and
December) as follows: 7.16, 7.18, 7.19, 7.20, 7.21, 7.22, 7.24, 7.25,
7.26, 7.27, 7.28, 7.38, 8.2, 8.5, 9.4, 10.1, 12.2, 12.3, and 12.5.

0
4. Remove Sec.  100.116.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
5. The authority citation for part 165 reads 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; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
6. Add a new Sec.  165.173 to read as follows:

Sec.  165.173  Safety Zones for annually recurring marine events held
in Coast Guard Southeastern New England Captain of the Port Zone.

    (a) Regulations. (1) The general regulations contained in 33 CFR
165.23 as well as the following regulations apply to the fireworks
displays and swim events listed in the Table to Sec.  165.173. These
regulations may be enforced for the duration of each event.
    (2) Notifications will be made to the local maritime community
through the Local Notice to Mariners well in advance of the events. If
the event does not have a date listed, then exact dates and times of
the enforcement period will be announced through a Notice of
Enforcement in the Federal Register.

    Note to paragraph (a):  Although listed in the Code of Federal
Regulations, sponsors of events listed in the Table shall submit an
application each year in accordance with 33 CFR 100.15.

    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port,
Southeastern New England (COTP), to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. In addition, members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (c) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.'' The ``official patrol vessels'' may consist of any Coast
Guard, Coast Guard Auxiliary, state, or local law enforcement vessels
assigned or approved by the Captain of the Port, Southeastern New
England.
    (d) Vessels may not transit the regulated areas without Patrol
Commander approval. Vessels permitted to transit must operate at a no
wake speed, in a manner which will not endanger participants or other
crafts in the event.
    (e) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through a Notice of Enforcement published in the
Federal Register, unless authorized by an official patrol vessel.
    (f) The Patrol Commander may control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall come to an immediate stop and comply with the
lawful directions issued. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.
    (g) The Patrol Commander may delay or terminate any event in this
subpart at any time to ensure safety. Such action may be justified as a
result of weather, traffic density, spectator operation or participant
behavior.
    (h) For all fireworks displays listed below, the regulated area is
that area of navigable waters within the specified radius of the launch
platform or launch site for each fireworks display, unless modified
later in a Notice of Enforcement published in the Federal Register.

                         Table to Sec.   165.173
------------------------------------------------------------------------

------------------------------------------------------------------------
1.0 365 DAY JANUARY-DECEMBER
------------------------------------------------------------------------
1.1 Provincetown Fireworks........   Event Type: Fireworks
                                     Display.
                                     Date: Enforced on any day
                                     during the duration of the event as
                                     specified by a Notice of
                                     Enforcement published in the
                                     Federal Register.
                                     Time: Approximately 5:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of the Provincetown
                                     Harbor, Provincetown, MA.
                                     Position: Within 500 yards
                                     of 41[deg]28'44'' N,
                                     070[deg]10'83'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 300 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
1.2 Providence Fireworks..........   Event Type: Fireworks
                                     Display.
                                     Date: Enforced on any day
                                     during the duration of the event as
                                     specified by a Notice of
                                     Enforcement published in the
                                     Federal Register.
                                     Time: Approximately 5:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of the Hurricane
                                     Barrier in the Providence River,
                                     Providence, RI.
                                     Position: Within 500 yards
                                     of 41[deg]48'50'' N,
                                     071[deg]23'43'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 300 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
1.3 Fall River Fireworks..........   Event Type: Fireworks
                                     Display.
                                     Date: Enforced on any day
                                     during the duration of the event as
                                     specified by a Notice of
                                     Enforcement published in the
                                     Federal Register.
                                     Time: Approximately 5:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Battleship Cove,
                                     Fall River, MA.
                                     Position: Within 500 yards
                                     of 41[deg]42'37'' N,
                                     071[deg]09'53'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 200 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
6.0 JUNE
------------------------------------------------------------------------
6.1 Oak Bluffs Summer Solstice....   Event Type: Fireworks
                                     Display.

                                     Date: One night on the 3rd
                                     or 4th weekend of June.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Town Beach, Oak
                                     Bluffs, MA.
                                     Position: Within 500 yards
                                     of 41[deg]27'19'' N,
                                     070[deg]33'08'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 300 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
6.2 RI National Guard Air Show....   Event Type: Air Show.
                                     Date: One weekend (Friday,
                                     Saturday, and Sunday) in June or
                                     July.
                                     Time: Approximately 9:00
                                     a.m. to 7:00 p.m.
                                     Location: (1) All waters
                                     over the West Passage of
                                     Narragansett Bay, in the vicinity
                                     of the Quonset State Airport, North
                                     Kingston, RI which are within a
                                     4000-yard radius arc extending from
                                     position 41[deg]35'44'' N,
                                     071[deg]24'14'' W (NAD 83); and (2)
                                     All waters over the West Passage of
                                     Narragansett Bay, in the vicinity
                                     of Narragansett Pier, Narragansett,
                                     RI, which are within a 2000-yard
                                     radius arc extending from position
                                     41[deg]26'17'' N, 071[deg]27'02'' W
                                     (NAD 83) (Friday only).
                                     Safety Zone Dimension:
                                     Approximately 1000 yards long by
                                     1000 yards wide.
------------------------------------------------------------------------
7.0 JULY
------------------------------------------------------------------------
7.1 Marion 4th of July Fireworks..   Event Type: Fireworks
                                     Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Outer Sipican
                                     Harbor, Marion, MA.
                                     Position: Within 500 yards
                                     of 41[deg]42'17'' N,
                                     070[deg]45'08'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 300 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
7.2 Oyster Harbors July 4th          Event Type: Fireworks
 Festival.                           Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Tim's Cove, North
                                     Bay, Osterville, MA.
                                     Position: Within 500 yards
                                     of 41[deg]37'29'' N,
                                     070[deg]25'12'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 200 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
7.3 North Kingstown Fireworks        Event Type: Fireworks
 Display..                           Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Town Beach, North
                                     Kingston, RI.
                                     Position: Within 500 yards
                                     of 41[deg]33'59'' N,
                                     071[deg]26'23'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 200 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
7.4 Falmouth Fireworks............   Event Type: Fireworks
                                     Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Falmouth Beach,
                                     Falmouth, MA.
                                     Position: Within 500 yards
                                     of 41[deg]32'27'' N,
                                     070[deg]35'26'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 300 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
7.5 Town of Nantucket Fireworks...   Event Type: Fireworks
                                     Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Jetties Beach,
                                     Nantucket Sound, MA.
                                     Position: Within 500 yards
                                     of 41[deg]19'00'' N,
                                     070[deg]06'30'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 200 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
7.6 City of Newport 4th of July      Event Type: Fireworks
 Fireworks.                          Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From the shore in
                                     the vicinity of Fort Adams,
                                     Newport, RI.
                                     Position: Within 500 yards
                                     of 41[deg]28'49'' N,
                                     071[deg]20'12'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 350 yard radius
                                     circle around the launch site.
------------------------------------------------------------------------
7.7 Town of Barnstable/Hyannis       Event Type: Fireworks
 July 4th Fireworks.                 Display.

                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Lewis Bay, Hyannis,
                                     MA.
                                     Position: Within 500 yards
                                     of 41[deg]38'20'' N,
                                     070[deg]15'08'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 350 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
7.8 Edgartown 4th of July            Event Type: Fireworks
 Fireworks Celebration.              Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Edgartown Outer
                                     Harbor, Edgartown, MA.
                                     Position: Within 500 yards
                                     of 41[deg]22'39'' N,
                                     070[deg]30'14'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 300 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
7.9 City of New Bedford Fireworks    Event Type: Fireworks
 Display.                            Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of New Bedford Harbor,
                                     New Bedford, MA.
                                     Position: Within 500 yards
                                     of 41[deg]37'55'' N,
                                     070[deg]54'44'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 250 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
7.10 Onset Fireworks..............   Event Type: Fireworks
                                     Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: On the shore, in
                                     the vicinity of Shellpoint Beach,
                                     Onset, MA.
                                     Position: Within 500 yards
                                     of 41[deg]44'13'' N,
                                     070[deg]39'51'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 300 yard radius
                                     circle around the fireworks launch
                                     site.
------------------------------------------------------------------------
7.11 Bristol 4th of July Fireworks   Event Type: Fireworks
                                     Display.
                                     Date: One night between
                                     July 1st and July 10th, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: In the vicinity
                                     of Northern portion of the Bristol
                                     Harbor, Bristol, RI, on the section
                                     of Poppasquash Rd separating the
                                     harbor and Mill Pond.
                                     Position: Within 500 yards
                                     of 41[deg]40'53.4'' N,
                                     071[deg]17'00'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 300 yard radius
                                     circle around the fireworks launch
                                     site.
------------------------------------------------------------------------
7.12 Swim Buzzards Bay............   Event Type: Swim Event.
                                     Date: One Saturday or
                                     Sunday in July or August, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Start times will vary
                                     from 6:00 a.m. to 11:59 a.m., and
                                     last approximately two hours until
                                     the last swimmer is ashore. Start
                                     time will be announced in advance
                                     in the Local Notice to Mariners.
                                     Location: The regulated
                                     area includes all waters in the
                                     vicinity of the Outer New Bedford
                                     Harbor, within 500 yards along a
                                     centerline with an approximate
                                     start point of 41[deg]36'35'' N,
                                     070[deg]54'18'' W (NAD 83) and an
                                     approximate end point of
                                     41[deg]37'26'' N, 070[deg]53'48'' W
                                     (NAD 83) at Davy's Locker
                                     Restaurant in New Bedford, MA, to
                                     Fort Phoenix Beach in Fairhaven,
                                     MA.
                                     Safety Zone Dimension: 500
                                     yards on either side of the
                                     centerline described above.
------------------------------------------------------------------------
7.13 Save the Bay Swim............   Event Type: Swim Event.
                                     Date: One Saturday or
                                     Sunday in July or August, as
                                     announced in the Local Notice to
                                     Mariners.
                                     Time: Start time will vary
                                     from 6:00 a.m. to 11:59 a.m. and
                                     last for approximately four hours,
                                     until the last swimmer is ashore.
                                     Start time will be announced in
                                     advance in the Local Notice to
                                     Mariners.
                                     Location: The regulated
                                     area includes all waters in the
                                     vicinity of the Newport/Pell
                                     Bridge, East Passage of
                                     Narragansett Bay, along a
                                     centerline with an approximate
                                     start point of 41[deg]30'24'' N,
                                     071[deg]19'49'' W (NAD 83) and an
                                     approximate end point of
                                     41[deg]30'39'' N, 071[deg]21'50'' W
                                     (NAD 83), i.e., a line drawn from
                                     the Officers' Club, Coaster's
                                     Harbor Island, Naval Station
                                     Newport, to Potter Cove, Jamestown.
                                     Safety Zone Dimension: 500
                                     yards on either side of the
                                     centerline described above.
------------------------------------------------------------------------
8.0 AUGUST
------------------------------------------------------------------------

8.1 Boston Pops Nantucket.........   Event Type: Fireworks
                                     Display.
                                     Date: One night in August
                                     as announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: On the shore, in
                                     the vicinity of Jetties Beach,
                                     Nantucket, MA.
                                     Position: Within 500 yards
                                     of 41[deg]17'43'' N,
                                     070[deg]06'10'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 400 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
8.2 Oak Bluffs Fireworks..........   Event Type: Fireworks
                                     Display.
                                     Date: One night in August.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Oak Bluffs Harbor,
                                     Oak Bluffs, MA.
                                     Position: Within 500 yards
                                     of 41[deg]27'27'' N,
                                     070[deg]33'17'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 350 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
8.3 Newport Salute to Summer         Event Type: Fireworks
 Fireworks.                          Display.
                                     Date: One night during the
                                     last two weekends in August or 1st
                                     weekend in September.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: From a barge in
                                     the vicinity of Naval Station
                                     Newport, Newport, RI.
                                     Position: Within 500 yards
                                     of 41[deg]30'15'' N,
                                     071[deg]19'50'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 400 yard radius
                                     circle around the fireworks barge.
------------------------------------------------------------------------
9.0 SEPTEMBER
------------------------------------------------------------------------
9.1 Provincetown Harbor Swim for     Event Type: Swim Event.
 Life.
                                     Date: On a day in September
                                     as announced in the Local Notice to
                                     Mariners.
                                     Time: Times will vary from
                                     10:00 a.m. until the last swimmer
                                     is ashore, no later than 2:00 p.m.
                                     Location: The regulated
                                     area includes all waters in the
                                     vicinity of the Provincetown Harbor
                                     along a centerline between the
                                     start point, the Long Point
                                     Lighthouse. approximate position
                                     42[deg]01'59'' N, 070[deg]10'07'' W
                                     (NAD 83), and the end point, the
                                     Boatslip Resort, Provincetown, MA.,
                                     approximate position 42[deg]02'48''
                                     N, 070[deg]11'24'' W (NAD 83).
                                     Safety Zone Dimension: 250
                                     yards on either side of the
                                     centerline described above.
------------------------------------------------------------------------
9.2 Spirit of Somerset Celebration   Event Type: Fireworks
                                     Display.
                                     Date: One night in
                                     September, as announced in the
                                     Local Notice to Mariners.
                                     Time: Approximately 8:00
                                     p.m. to 11:59 p.m.
                                     Location: On the shore, in
                                     the vicinity of Mallard Point,
                                     Somerset, MA.
                                     Position: Within 500 yards
                                     of 41[deg]46'18'' N,
                                     071[deg]07'14'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 200 yard radius
                                     circle around the fireworks launch
                                     site.
------------------------------------------------------------------------
10.0 OCTOBER
------------------------------------------------------------------------
10.1 Yarmouth Seaside Festival       Event Type: Fireworks
 Fireworks.                          Display.
                                     Date: One night in October,
                                     as announced in the Local Notice to
                                     Mariners.
                                     Time: Approximately 7:00
                                     p.m. to 11:59 p.m.
                                     Location: On the shore, in
                                     the vicinity of Seagull Beach, West
                                     Yarmouth, MA.
                                     Position: Within 500 yards
                                     of 41[deg]38'06'' N,
                                     070[deg]13'13'' W (NAD 83).
                                     Safety Zone Dimension:
                                     Approximately 300 yard radius
                                     circle around the fireworks launch
                                     site.
------------------------------------------------------------------------

    Dated: May 7, 2012.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2012-12316 Filed 5-21-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79761-79763]
[FR Doc No: 2011-32716]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0276]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt four individuals from
the vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). The exemptions will enable these individuals to operate
commercial motor vehicles (CMVs) in interstate commerce without meeting
the prescribed vision requirement. The Agency has concluded that
granting these exemptions will provide a level of safety that is
equivalent to or greater than the level of safety maintained without
the exemptions for these CMV drivers.

DATES: The exemptions are effective December 22, 2011. The exemptions
expire on December 22, 2013.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m.

and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On October 31, 2011, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (76 FR 67248). That notice listed four applicants' case
histories. The four individuals applied for exemptions from the vision
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period.
Accordingly, FMCSA has evaluated the four applications on their merits
and made a determination to grant exemptions to each of them.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of at least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision of at least
70[deg] in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing requirement
red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their vision
limitation and demonstrated their ability to drive safely. The four
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including central scotoma, amblyopia, and prosthesis. In most
cases, their eye conditions were not recently developed. Three of the
applicants were either born with their vision impairments or have had
them since childhood. The one individual who sustained his vision
condition as an adult has had it for a period of twenty years.
    Although each applicant has one eye that does not meet the vision
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and, in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for
their State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a CMV, with their
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these four drivers have
been authorized to drive a CMV in intrastate commerce, even though
their vision disqualified them from driving in interstate commerce.
They have driven CMVs with their limited vision for careers ranging
from 2 to 13 years. In the past 3 years, none of the drivers were
involved in crashes or convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the October 31, 2011
notice (76 FR 67248).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered the medical reports about the applicants' vision as well as
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    We believe we can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber,

Donald C., ``Accident Rate Potential: An Application of Multiple
Regression Analysis of a Poisson Process,'' Journal of American
Statistical Association, June 1971). A 1964 California Driver Record
Study prepared by the California Department of Motor Vehicles concluded
that the best overall crash predictor for both concurrent and
nonconcurrent events is the number of single convictions. This study
used 3 consecutive years of data, comparing the experiences of drivers
in the first 2 years with their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the four applicants, none of the applicants were involved in crashes or
convicted of moving violations in a CMV. All the applicants achieved a
record of safety while driving with their vision impairment,
demonstrating the likelihood that they have adapted their driving
skills to accommodate their condition. As the applicants' ample driving
histories with their vision deficiencies are good predictors of future
performance, FMCSA concludes their ability to drive safely can be
projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision requirement
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the four applicants listed in the notice of
October 31, 2011 (76 FR 67248).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the four individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the requirement in 49 CFR
391.41(b)(10) and (b) by a medical examiner who attests that the
individual is otherwise physically qualified under 49 CFR 391.41; (2)
that each individual provide a copy of the ophthalmologist's or
optometrist's report to the medical examiner at the time of the annual
medical examination; and (3) that each individual provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the certification when driving, for presentation to a
duly authorized Federal, State, or local enforcement official.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
    Mr. Calvin Liburd is in favor of granting vision exemptions to all
the potential applicants; he believes that effective research and
monitoring is in place already. He emphasizes that many applicants have
sufficient driving experience and commercial driver's licenses.

Conclusion

    Based upon its evaluation of the four exemption applications, FMCSA
exempts Tracey L. Butcher (VA), Keith M. Calvert (AL), Terry G. Howard
(KY), and David M. Taylor (MS) from the vision requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above (49 CFR
391.64(b)).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: December 14, 2011.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2011-32716 Filed 12-21-11; 8:45 am]
BILLING CODE 4910-EX-P