[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35690-35692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14707]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0117]
RIN 1625-AA00
Safety Zone; Lady Liberty Sharkfest Swim; Upper New York Bay,
Liberty Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
swim event on the navigable waters of Upper New York Bay in the
vicinity of Liberty Island, New York. This temporary safety zone is
necessary to protect the maritime public and event participants from
the hazards associated with swim events taking place in a high vessel
traffic area. This rule is intended to restrict all vessels from a
portion of Upper New York Bay before and during the swim event.
DATES: This rule is effective on June 29, 2014 from 7:00 a.m. to 10:00
a.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0117]. 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 Lieutenant Junior Grade Kristopher Kesting, Coast Guard;
telephone (718) 354-4154, email [email protected]. If you
have questions on viewing or submitting material to the docket, call
Cheryl Collins, Program Manager, Docket Operations, telephone (202)
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard published a notice of proposed rulemaking (NPRM)
entitled Lady Liberty Sharkfest Swim; Upper New York Bay, Liberty
Island, NY on April 25, 2014 in the Federal Register (79 FR 22924). We
received no comments on the proposed rule. No public meeting was
requested and none was held.
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 final
publication in the Federal Register. The event sponsor is unable and
unwilling to postpone this event because the date of this event was
chosen based on optimal tide, current, and weather conditions needed to
promote the safety of swim participants. In addition, any change to the
date of the event would cause economic hardship on the marine event
sponsor. The rule must become effective on the date specified in order
to provide for the safety of the swimmers and vessels operating in the
area near this event. Delaying this rule would be impracticable and
contrary to the public interest, and would expose swimmers and vessels
to the hazards associated with the swim events.
B. Basis and Purpose
The legal basis for this 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; Department of Homeland
Security Delegation No. 0170.1.
The Captain of the Port (COTP) has determined that swimming events
in close proximity to marine traffic pose significant risk to public
safety and
[[Page 35691]]
property. The combination of increased numbers of recreation vessels,
congested waterways, and large numbers of swimmers in the water has the
potential to result in serious injuries or fatalities. In order to
protect the safety of all waterway users including event participants
and spectators, this temporary rule establishes a temporary safety zone
for the duration of the event.
This rule prevents vessels from entering into, transiting through,
mooring or anchoring within the area specifically designated as the
safety zone during the period of enforcement unless authorized by the
COTP, or the designated representative.
C. Discussion of Comments, Changes and the Final Rule
No comments were received and no changes were made to the final
rule.
The swim event will occur from approximately 7:30 a.m. until
approximately 9:30 a.m. on June 29, 2014. 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 swim event, this zone will be effective from
approximately 7:00 a.m. until approximately 10:00 a.m. on June 29,
2014.
Vessels will still be able to transit the surrounding area and may
be authorized to transit through the safety zone with permission from
the COTP or a designated representative. The COTP does not anticipate
any negative impact on vessel traffic due to this safety zone.
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.
The Coast Guard's enforcement of this safety zone will be of short
duration, lasting only 3 hours. The safety zone will restrict access to
only a small portion of the navigable waterways of the Upper New York
Bay. Vessels will be able to navigate around the safety zone.
Furthermore, vessels may be authorized to transit through the safety
zone with the permission of the COTP.
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 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 received no comments from the Small Business
Administration on this rule. 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.
(1) This 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 portion of the navigable waters in the vicinity
of the marine event during the effective period.
(2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons:
This rule will be in effect for a short period, vessel traffic could
pass safely around the safety zone, and the Coast Guard will notify
mariners before activating the zone by appropriate means which may
include but are not limited to Local Notice to Mariners and Broadcast
Notice to Mariners.
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.
[[Page 35692]]
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. This rule may be categorically excluded from further review under
paragraph 34(g) 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 in 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 part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMMITED ACCESS AREAS
0
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; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0117 to read as follows:
Sec. 165.T01-0117 Safety Zone; Lady Liberty Sharkfest Swim; Upper New
York Bay, Liberty Island, NY.
(a) Regulated Area. The following area is a temporary safety zone:
All navigable waters of the Upper New York Bay bound by a line drawn
from position 40[deg]42'44.82'' N, 074[deg]02'18.03'' W, east to
position 40[deg]42'28.86'' N, 074[deg]01'30.22'' W, south to position
40[deg]42'12.24'' N, 074[deg]02'18.22'' W, west to position
40[deg]41'35.38'' N, 074[deg]03'12.61'' W, then north along the
shoreline back to the point of origin.
(b) Enforcement Period. This rule will be enforced from
approximately 7:00 a.m. to 10:00 a.m. on June 29, 2014.
(c) 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)
New York, to act on his or her behalf. A 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.
(d) Regulations.
(1) The general regulations contained in 33 CFR 165.23, as well as
the following regulations, apply.
(2) No vessels, except for support vessels provided by the event
sponsor, will be allowed to transit the safety zone without the
permission of the COTP.
(3) All persons and vessels shall comply with the instructions of
the COTP or a 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 safety
zone shall contact the COTP or a designated representative via VHF
channel 16 or 718-354-4353 (Sector New York command center) to obtain
permission to do so.
Dated: June 7, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-14707 Filed 6-23-14; 8:45 am]
BILLING CODE 9110-04-P