[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Proposed Rules]
[Pages 22530-22533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9007]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0167]
RIN 1625-AA00
Safety Zone; Fireworks, Hudson River, Rhinecliff, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of the Hudson River in the vicinity of
Rhinecliff, NY for a fireworks display. This temporary safety zone is
necessary to protect spectators and vessels from the hazards associated
with fireworks displays. This rule is intended to restrict all vessels
from a portion of the Hudson River before, during, and immediately
after the fireworks event.
DATES: Comments and related material must be received by the Coast
Guard on or before June 15, 2012.
Requests for public meetings must be received by the Coast Guard on
or before May 7, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0167 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: If you have questions on this proposed
rule, call or email Ensign Kimberly Farnsworth, Coast Guard; Telephone
(718) 354-4163, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0167), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an 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
``Proposed Rule'' and insert ``USCG-2012-0167'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then
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become highlighted in blue. In the ``Keyword'' box insert ``USCG-2012-
0167'' and click ``Search.'' Click the ``Open Docket Folder'' in the
``Actions'' column. You may also visit the Docket Management Facility
in Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. We have an agreement with the Department of Transportation to
use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not plan now to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C 1226, 1231; 46
U.S.C Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
This proposed safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display. Based on the inherent hazards associated with fireworks, the
Captain of the Port (COTP) New York has determined that fireworks
launches in close proximity to water crafts pose a significant risk to
public safety and property. The combination of increased number of
recreational vessels, congested waterways, darkness punctuated by
bright flashes of light, and debris especially burning debris falling
on passing or spectator vessels has the potential to result in serious
injuries or fatalities. The proposed temporary safety zone will
restrict vessel movement in the Hudson River around the location of the
fireworks launch platform before, during, and after the fireworks
display.
Discussion of Proposed Rule
Legion Fireworks is putting on a fireworks display for a wedding
ceremony on the waters of the Hudson River in the vicinity of
Rhinecliff, NY. The proposed safety zone is necessary to ensure the
safety of spectators and vessels from hazards associated with the
fireworks display.
The fireworks display will occur from 10 p.m. until 10:15 p.m. In
order to coordinate the safe movement of vessels within the area and to
ensure that the area is clear of unauthorized persons and vessels
before, during, and immediately after the fireworks launch, this zone
will be enforced from 9:30 p.m. until 10:45 p.m. on June 23, 2012.
The proposed safety zone will include all navigable waters of the
Hudson River within a 165-yard radius of the fireworks barge located in
approximate position 41[deg]55'13.83''N, 073[deg]57'18.52''W, in the
vicinity of Rhinecliff, NY, approximately 210 yards west of Rhinecliff
Landing, Rhinecliff, NY. Vessels will still be able to transit the
surrounding area and may be authorized to transit through the proposed
safety zone with the permission of the COTP or the designated
representative. The COTP does not anticipate any negative impact on
vessel traffic due to this proposed safety zone.
This rule is being proposed to provide for the safety of life on
navigable waters during the event and to give the marine community the
opportunity to comment on the proposed zone location, size, and length
of time the zone will be activated.
The final rule will not be published 30 days before the event and
the effective date of this proposed rule as is generally required by 5
U.S.C. 553(d)(3). The Coast Guard will accept comments on this
shortened period and address them in the final rule.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, as supplemented by Executive Order 13563,
Regulatory Planning and Review, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
The Coast Guard's enforcement of this proposed safety zone will be
of short duration, approximately 75 minutes. The proposed safety zone
will restrict access to only a small portion of the navigable waters of
the Hudson River. Vessels will be able to navigate around the proposed
safety zone. Furthermore, vessels may be authorized to transit through
the proposed safety zone with the permission of the COTP or the
designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule will affect the following
entities, some of which may be small entities: The owners and operators
of vessels intending to transit or anchor in a small portion of the
Hudson River during the effective period.
This proposed safety zone would not have a significant economic
impact on a substantial number of small entities for the following
reasons: The safety zone would be activated and thus subject to
enforcement, for only 75 minutes late at night when vessel traffic is
low. Vessel traffic could pass safely around the safety zone. Before
the activation of the zone, the Coast Guard will issue maritime
advisories widely available to users of the river.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that
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they can better evaluate its effects on them and participate in the
rulemaking. If the rule would affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Ensign Kimberly
Farnsworth, Coast Guard Sector New York Waterways Management Division;
telephone 718-354-4163, email [email protected]. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a temporary safety zone on a portion
of the Hudson River and appears to be categorically excluded, under
figure 2-1, paragraph (34)(g), the Commandant Instruction.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C 1231; 46 U.S.C Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Add Sec. 165.T01-0167 to read as follows:
Sec. 165.T01-0167 Safety Zone; Fireworks, Hudson River, Rhinecliff,
NY.
(a) Regulated Area. The following area is a temporary safety zone:
All navigable waters of the Hudson River within a 165-yard radius of
the fireworks barge located in approximate position 41[deg]55'13.83''
N, 073[deg]57'18.52'' W, in the vicinity of Rhinecliff, NY,
approximately 210 yards west of Rhinecliff Landing, Rhinecliff, NY.
(b) Definitions. For purposes of this section ``Designated
representative'' is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port New York
(COTP) to act on the COTP's behalf.
[[Page 22533]]
(c) Effective Period. This rule will be effective from 9:30 p.m. to
10:45 p.m. on June 23, 2012.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zone without the
permission of the COTP or the designated representative.
(3) All persons and vessels shall comply with the instructions of
the COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed.
(4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or the designated representative
via VHF channel 16 or 718-354-4353 (Sector New York command center) to
obtain permission to do so.
Dated: March 23, 2012.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2012-9007 Filed 4-13-12; 8:45 am]
BILLING CODE 9110-04-P