[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Proposed Rules]
[Pages 45991-45992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18832]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 161 and 165
[USCG-2012-0632 (previously published as CGD01-04-133)]
RIN 1625-AA11
Regulated Navigation Area; Buzzard's Bay, MA; Navigable Waterways
Within the First Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability and request for comments.
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SUMMARY: The Coast Guard announces the availability of a draft
Environmental Assessment (EA) considering the reasonably foreseeable
environmental impacts and socioeconomic effects of implementing a
Regulated Navigation Area in Buzzard's Bay, MA. We request your
comments on the draft EA.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before September 4,
2012 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0632 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr. John Mauro, Coast Guard First
District Waterways Management Branch, telephone 617-223-8355, email
John.J.Mauro@uscg.mil or Mr. Luke Dlhopolsky, Civil Engineering Unit,
Environmental Protection Specialist, telephone 401-736-1743, email
Lucas.A.Dlhopolsky@uscg.mil.
SUPPLEMENTARY INFORMATION:
Authority: This Draft Environmental Assessment has been
prepared in accordance with the National Environmental Policy Act
(NEPA) (42 United States Code (U.S.C.) 4321 et. seq.); Council on
Environmental Quality (CEQ) Regulations for Implementing NEPA (40
Code of Federal Regulations (CFR) parts 1500-1508) and associated
CEQ guidelines; Department of Homeland Security Management Directive
5100.1, Environmental Planning Program; and United States Coast
Guard (USCG) Commandant Instruction (COMDTINST) M16475.1D, National
Environmental Policy Act Implementing Procedures and Policy for
Considering Environmental Impacts.
Public Participation and Request for Comments
We encourage you to submit comments and related material on the
draft EA. 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 notice (USCG-2012-0632) and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online, or by fax, mail or hand delivery, but please use only
one of these means. We recommend that you include your name and a
mailing address, an email address, or a telephone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Notices'' and insert ``USCG-2012-0632'' 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 them 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.
Viewing the Comments and Draft EA: To view the comments and draft
EA, go to http://www.regulations.gov, click on the ``read comments''
box, which will then become highlighted in blue. In the ``Keyword'' box
insert ``USCG-2012-0632'' and click ``Search.'' Click the ``Open Docket
Folder'' in the ``Actions'' column. If you do not have access to the
internet, you may view the docket online by visiting 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.
Additionally, the EA can be found online at: http://www.uscg.mil/d1/prevention/EnvironmentalAssessment.asp.
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, system of records notice regarding our public dockets in
the January 17, 2008, issue of the Federal Register (73 FR 3316).
Background and Purpose
On August 30, 2007 the USCG published a Final Rule to implement
amendments to the existing Regulated
[[Page 45992]]
Navigation Area (RNA) (2007 Final Rule) applicable to First Coast Guard
District waters. (72 FR 50052; corrected by 72 FR 70780). The purpose
of these amendments was to further reduce the probability of an
incident that could result in the discharge or release of oil or
hazardous material, or cause serious harm, to navigable waters of the
United States. As part of the process to implement the 2007 Final Rule,
the USCG prepared a Categorical Exclusion Determination as defined in
its Agency Procedures for Implementing the National Environmental
Policy Act. In a ruling on May 17, 2011, the 1st U.S. Circuit Court of
Appeals determined that the USCG ``failed to comply with its
obligations under the National Environmental Policy Act'' when it
failed to prepare an Environmental Impact Statement (EIS) or an
Environmental Assessment (EA).
The Coast Guard has completed a draft EA in order to cure the
procedural deficiency. This analysis indicates that an Environmental
Impact Statement (EIS) will not be necessary for implementation of any
of the action alternatives. The Coast Guard anticipates that a Finding
of No Significant Impact (FONSI) will be appropriate for implementation
of the 2007 Final Rule preferred alternative.
We are seeking public input on the draft EA, including comments on
the completeness and adequacy of the document, and on the measures and
operating conditions described in the EA as alternatives designed to
reduce or eliminate potential environmental impacts. The Coast Guard
will consider public comments on the EA in determining the preferred
alternative and whether to issue a Finding of No Significant Impact
(FONSI), or to conduct additional NEPA analysis.
Dated: July 18, 2012.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-18832 Filed 8-1-12; 8:45 am]
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