[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39398-39402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16241]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2012-0405]
RIN 1625-AA00; 1625-AA08
Safety Zone and Special Local Regulation; 2012 Macy's 4th of July
Fireworks and Spectator Viewing Areas, Hudson River, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone and
temporary special local regulation (SLR) on the navigable waters of the
Hudson River in the vicinity of New York, NY for the 2012 Macy's 4th of
July Fireworks Display. The temporary safety zone and temporary SLR are
intended to restrict certain vessels from portions of the Hudson River
before, during and immediately after the fireworks event. This
regulation is necessary to provide for the safety of life on the
navigable waters by controlling vessel movement and to establish public
viewing areas for the fireworks event.
DATES: This rule is effective from 6:00 p.m. on July 4, 2012 until
11:00 p.m. on July 5, 2012. This rule will be enforced from 6 p.m.
until 11 p.m. on July 4, 2012, and if the fireworks display is
postponed due to inclement weather, it will be enforced from 6 p.m.
until 11 p.m. on July 5, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0405]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
On November 9, 2011, we published a final rule entitled ``Special
Local Regulations and Safety Zones: Recurring Events in Captain of Port
New York Zone'' in the Federal Register (76 FR 69613). In that
rulemaking, the Coast Guard established a permanent safety zone for the
annual Macy's 4th of July Fireworks, listed in Table 1 to 33 CFR
165.160, entitled Macy's 4th of July Fireworks.
On March 23, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulation; Macy's Fourth of July
Fireworks Display Spectator Viewing Areas; Hudson River; New York, NY''
in the Federal Register (77 FR 16978). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because the logistics of the event for
this year were not finalized and provided to the Coast Guard with
sufficient time to publish a NPRM followed by a final rule before the
effective date of the event. Immediate action is necessary to ensure
public safety due to the inherent hazards associated with launching
fireworks and the explosive nature of the fireworks display. Therefore
any delay in promulgating this regulation would reduce public safety
and is therefore contrary to the public interest.
On Friday, April 27, 2012 the sponsor notified the Coast Guard that
it intended
[[Page 39399]]
to shift the fireworks display further south of the existing safety
zone established in Table 1 to 33 CFR 165.160.
The sponsor advised that it intends to use four barges spaced 1500
feet apart in order to enhance safety and improve the visual effect of
the fireworks for the 2012 Macy's 4th of July Fireworks Display. The
sponsor further advised that because the command center for the event
will be located at Pier 64 in the vicinity of Chelsea Piers, it was
necessary to shift the fireworks display south on the Hudson River to
allow for constant monitoring and unobstructed view of the entire
display site and fallout areas. In previous years the command center
was located further north in the vicinity of Pier 88 at the Intrepid
Sea, Air and Space Museum. The sponsor requested that the Coast Guard
increase the size of the safety zone for the 2012 fireworks display.
Based on the information received regarding the placement of the
launch platforms further south on the Hudson River, the fall out area
is outside of the existing safety zone established in Table 1 to 33 CFR
165.160 and will not meet the needs of this year's fireworks display.
Therefore, to mitigate the potential danger to spectators, the
Coast Guard is establishing a temporary safety zone and temporary SLR.
Any delay or cancellation of the event in order to allow for a notice
and comment period is contrary to the public interest in having this
event occur on July 4, 2012 as scheduled.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during the event and immediate action is necessary to
prevent possible loss of life or property. Also, a delay or
cancellation of the fireworks event in order to allow for publication
in the Federal Register is contrary to the public's interest in having
this event occur as scheduled.
B. Basis and Purpose
The legal basis for the rule is 33 U.S.C. 1231, 1233; 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 authorizes
the Coast Guard to define regulatory safety zones and special local
regulations.
This regulation is necessary to ensure the safety of vessels and
spectators from hazards associated with fireworks display. Based on the
inherent hazards associated with fireworks, the COTP New York has
determined that fireworks launches proximate to watercraft pose
significant risk to public safety and property. The combination of
increased numbers of recreation vessels, congested waterways, darkness
punctuated by bright flashes of light, and debris, especially burning
debris falling on passing or anchored spectator vessels has the
potential to result in serious injuries or fatalities. This regulation
temporarily establishes limited access areas to restrict vessel
movement around the location of the launch platforms to reduce the risk
associated with the launch of fireworks.
C. Discussion of the Final Rule
The 2012 Macy's 4th of July Fireworks event is scheduled to occur
on the waters of the Hudson River, New York, NY. This rule establishing
a temporary safety zone and a temporary special local regulation is
necessary to ensure the safety of spectators and vessels from hazards
associated with the fireworks display.
The fireworks display is scheduled to occur from 9:20 p.m. until
9:50 p.m. This rule will be enforced from 6:00 p.m. until 11:00 p.m. on
July 4, 2012 in order to ensure that the area is clear of persons and
vessels before the fireworks display begins, and to ensure that no
explosive hazards remain after the fireworks display ends. If the event
is cancelled due to inclement weather, then this regulation will be
enforced from 6:00 p.m. until 11:00 p.m. on July 5, 2012.
The COTP New York will establish five limited access areas within
the boundary of the regulated area. Access to these areas will be
restricted to vessels of a certain size. The five limited access areas
are: (1) A ``spectator area'' designated ALPHA in which access is
limited to vessels less than 20 meters in length (65.6 ft); (2) a
``spectator area'' designated BRAVO in which access is limited to
vessels greater than 20 meters in length (65.6 ft); (3) a ``buffer
zone'' around the fireworks launch barges, designated area CHARLIE,
limited to all vessels tending the fireworks launch barges; (4) a
``spectator area'' designated DELTA in which access is limited to
vessels greater than 20 meters in length (65.6 ft); and (5) a
``spectator area'' designated ECHO in which access is limited to
vessels less than 20 meters in length (65.6 ft).
Public notifications will be made to the local maritime community
prior to the event through the Local Notice to Mariners, and Broadcast
Notice to Mariners.
D. 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.
1. Regulatory Planning and Review
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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the limited time that vessels will be restricted from the
zone. The temporary safety zone and special local regulation will only
be in effect for approximately five hours during the evening. The Coast
Guard expects minimum adverse impact to mariners from the zone's
activation as the event has been extensively advertised to the public.
Also, mariners may request authorization from the COTP New York or the
designated representative to transit the zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the Hudson River, in the vicinity of New
York, NY during the effective period.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for only five hours on a single-day during the
late evening. Although the temporary safety zone and temporary special
local regulation will apply to the entire width of the river, vessel
traffic will be allowed to pass through the area with the permission of
the COTP New York or the designated representative. The event is well
known and extensive advertisement has allowed for public
[[Page 39400]]
notification. Also, before the effective period, we will issue maritime
advisories widely available to users of the waterway.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a temporary safety
zone and a temporary special local regulation. This rule is
categorically excluded from further review under paragraph 34(g) and
34(h) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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, and 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 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T01-0405 to read as follows:
Sec. 100.T01-0405 Special Local Regulations; 2012 Macy's 4th of July
Fireworks Spectator Viewing Areas, Hudson River, New York, NY.
(a) Regulated Area. The regulated area includes all navigable
waters of the Hudson River bounded by a line drawn from position
40[deg]46'39.48'' N, 073[deg]59'27.06'' W (West 66th Street, New York,
NY), west to position 40[deg]46'56.58'' N, 074[deg]00'12.04'' W (North
of Pier 9, Weehawken, NJ), then south along the New Jersey shoreline to
position 40[deg]46'8.78'' N, 074[deg]00'54.12'' W (north east corner of
Hanley Towers, Weehawken, NJ), then east to position 40[deg]45'51.55''
N, 074[deg]00'10.85'' W (pier 84, New York, NY), then along the
[[Page 39401]]
Manhattan shoreline north to the point of origin; as well as all
navigable waters of the Hudson River bounded by a line drawn from
position 40[deg]44'33.25'' N, 074[deg]01'38.48'' W (Stevens Institute
of Tech Tower, Castle Point, Hoboken, NJ), east to position
40[deg]44'29.41'' N, 074[deg]00'43.64'' W (Pier 54, New York, NY),
south along the Manhattan shore line to position 40[deg]43'36.09'' N,
074[deg]00'54.13'' W (Holland Tunnel Ventilator, Spring Street), and
west to position 40[deg]43'42.78'' N, 074[deg]01'35.92'' W (Holland
Tunnel Ventilator, Jersey City, NJ), then north to the point of origin.
All geographic coordinates are North American Datum of 1983 (NAD 83).
Within the overall regulated area defined above, the following are
individually defined areas subject to specific requirements:
(1) Area ALPHA: all navigable waters of the Hudson River south of a
line drawn from position 40[deg]46'56.58'' N, 074[deg]00'12.04'' W
(North of Pier 9, Weehawken, NJ), east to position 40[deg]46'39.48'' N,
073[deg]59'27.06'' W (West 66th Street, New York, NY), and north of a
line drawn from position 40[deg]46'34.23'' N, 074[deg]00'36.81'' W
(Port Imperial Ferry Terminal, Weehawken, NJ), east to position
40[deg]46'14.64'' N, 073[deg]59'55.29'' W (Pier 94, New York, NY) (NAD
83).
(2) Area BRAVO: all navigable waters of the Hudson River south of a
line drawn from position 40[deg]46'34.23''N 074[deg]00'36.81'' W (Port
Imperial ferry terminal, Weehawken, NJ), east to position
40[deg]46'14.64'' N, 073[deg]59'55.29'' W (Pier 94, New York, NY), and
north of a line drawn from position 40[deg]46'8.78'' N,
074[deg]00'54.12'' W (north east corner of Hanley Towers, Weehawken,
NJ), east to position 40[deg]45'51.55'' N, 074[deg]00'10.85'' W (Pier
84, New York, NY) (NAD 83).
(3) Area DELTA: All navigable waters of the Hudson River north of a
line drawn from position 40[deg]44'5.78'' N, 074[deg]01'38.48'' W
(Hudson Tunnel Station Tower, Hoboken, NJ), then east to position
40[deg]44'02.97'' N, 074[deg]00'42.48'' W (Charles Street Pier, New
York, NY), and south of a line drawn from position 40[deg]44'29.41'' N,
074[deg]00'43.64'' W (Pier 54, New York, NY), then west to position
40[deg]44'33.25'' N, 074[deg]01'38.48'' W (Stevens Institute of Tech
Tower, Castle Point, Hoboken, NJ) (NAD 83).
(4) Area ECHO: All navigable waters of the Hudson River north of a
line drawn from position 40[deg]43'42.78'' N, 074[deg]01'35.92'' W
(Holland Tunnel Ventilator, Jersey City, NJ), east to position
40[deg]43'36.08'' N, 074[deg]00'54.13'' W (Holland Tunnel Ventilator,
Spring Street, New York, NY), and south of a line drawn from position
40[deg]44'05.78'' N, 074[deg]01'38.48'' W (Hudson Tunnel Station Tower,
Hoboken, NJ), east to position 40[deg]44'02.97'' N, 074[deg]00'42.48''
W (Charles Street Pier, New York, NY) (NAD 83).
(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 (COTP),
Sector NY, 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 Sector New York.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Special local regulations.
(1) In accordance with the general regulations in Sec. 100.35 of
this part, entry into, transiting, or anchoring within the regulated
areas is prohibited, unless authorized by the COTP or the designated
representative.
(2) Vessels are authorized by the COTP or the designated
representative to enter areas of this special location regulation in
accordance with the following restrictions:
(i) Area ALPHA access is limited to vessels less than 20 meters
(65.6 ft) in length.
(ii) Area BRAVO access is limited to vessels greater than 20 meters
(65.6 ft) in length.
(iii) Area DELTA access is limited to vessels greater than 20
meters (65.6 ft) in length.
(iv) Area ECHO access is limited to vessels less than 20 meters
(65.6 ft) in length.
(3) All persons and vessels in the regulated areas shall comply
with the instructions of the COTP or the designated representative.
(4) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(5) Vessel operators desiring to enter or operate within the
regulated area should contact the COTP Sector NY at (718) 354-4356
(Sector NY Command Center) or the designated representative via VHF
channel 16 to obtain permission to do so.
(6) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP Sector NY or designated representative.
(7) The COTP Sector NY or designated representative may delay or
terminate any marine event in this subpart at any time if it is deemed
necessary to ensure the safety of life or property.
(d) Enforcement period. This regulation will be enforced from 6
p.m. until 11 p.m. on July 4, 2012, and if the fireworks display is
postponed due to inclement weather, it will be enforced from 6 p.m.
until 11 p.m. on July 5, 2012.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. 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; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
4. Add Sec. 165.T01-0405 to read as follows:
Sec. 165.T01-0405 Safety Zone; 2012 Macy's 4th of July Fireworks,
Hudson River, NY.
(a) Regulated area. The following area is a temporary safety zone:
all navigable waters of the Hudson River bounded by a line drawn east
from position 40[deg]46'08.78'' N, 074[deg]00'54.12'' W (north east
corner of Hanley Towers, Weehawken, NJ); to position 40[deg]45'51.55''
N, 074[deg]00'10.85'' W (Pier 84, Manhattan, NY); thence south along
the Manhattan shoreline to position 40[deg]44'29.41'' N,
074[deg]00'43.64'' W (Pier 54, Manhattan, NY); then west to position
40[deg]44'33.25'' N, 074[deg]01'29.48'' W (Stevens Institute of Tech
Tower, Castle Point, Hoboken, NJ); then north along the New Jersey
shoreline and back to the point of origin. All geographic coordinates
are North American Datum of 1983 (NAD 83).
(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 (COTP),
Sector NY, to act on his or
[[Page 39402]]
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 Sector New York.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply. In
accordance with the general regulations in Sec. 165.23 of this part,
entry into or movement within this zone is prohibited unless authorized
by the COTP New York or the designated representative.
(2) All persons and vessels in the regulated areas shall comply
with the instructions of the COTP or the designated representative.
(3) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(4) Vessel operators desiring to enter or operate within the
regulated area should contact the COTP Sector NY at (718) 354-4356
(Sector NY Command Center) or the designated representative via VHF
channel 16 to obtain permission to do so.
(5) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP Sector NY or designated representative.
(6) The COTP Sector NY or designated representative may delay or
terminate any marine event in this subpart at any time if it is deemed
necessary to ensure the safety of life or property.
(d) Enforcement period. This regulation will be enforced from 6
p.m. until 11 p.m. on July 4, 2012. If the event is cancelled due to
inclement weather, then this regulation will be enforced from 6:00 p.m.
until 11:00 p.m. on July 5, 2012.
Dated: June 12, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-16241 Filed 7-2-12; 8:45 am]
BILLING CODE 9110-04-P