[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Proposed Rules]
[Pages 45991-45992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18832]



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.


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.

District Waterways Management Branch, telephone 617-223-8355, email 
[email protected] or Mr. Luke Dlhopolsky, Civil Engineering Unit, 
Environmental Protection Specialist, telephone 401-736-1743, email 
[email protected].


    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]