[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35688-35690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14711]
[[Page 35688]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0363]
RIN 1625-AA00
Safety Zone; Hudson River Swim for Life; Hudson River, Sleepy
Hollow, New York
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Hudson River in the vicinity of Sleepy Hollow, New
York for a swim event. 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 Hudson
River before and during the swim event.
DATES: This rule is effective on July 27, 2014 from 10:30 a.m. to 2:30
p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0363]. 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, Sector New
York, Waterways Management, U.S. Coast Guard; Telephone (718) 354-4154,
E-Mail [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 Hudson River Swim for Life is an annual recurring event that
has a permanent safety zone found at 33 CFR 165.160. The effective date
for the permanent safety zone is the second weekend in September. This
year the sponsor requested to change the date of the event to July 27,
2014.
The Coast Guard is issuing this 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)(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 Coast Guard received the
information about the event on April 18, 2014; approximately 100
swimmers and 400 event supporters are anticipating this event taking
place as scheduled. The event sponsor is unable and unwilling to
postpone this event because the date of this event was chosen based on
the availability of sponsorship for the event. This swim is a charity
event to raise money for the Leukemia & Lymphoma Society.
Any change to the date of the event could potentially cause
economic hardship on the marine event sponsor and negatively impact
other activities being held in conjunction with this event.
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.
The rule must become effective on the date specified in order to
provide for the safety of life on the navigable waters from the hazards
of swimming in the Hudson River, particularly while crossing the
shipping channel. The sponsor is planning to hold the event on the
specified date and the safety zone is necessary to provide for the
safety of event participants, spectator crafts, and other vessels
operating near the event area.
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 COTP has determined that swimming events in close proximity to
marine traffic pose significant risk to public safety and 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 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 the Final Rule
This temporary rule creates a safety zone for a swim event on the
navigable waters of the Hudson River. A portion of the navigable waters
will be closed during the effective period to all vessel traffic except
patrol crafts.
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 10:30 a.m. to 2:30 p.m. on July
27, 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.
Advanced public notifications will also be made to local mariners
through appropriate means, which will include, but are not limited to,
the Local Notice to Mariners as well as 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
[[Page 35689]]
Budget has not reviewed it under those Orders.
Although this regulation may have some impact on the public, the
potential impact will be minimal. Vessels will only be restricted from
the safety zone for a short duration of time. Before activating the
zone, the Coast Guard will notify mariners by appropriate means
including but not limited to Local Notice to Mariners and Broadcast
Notice to Mariners. Additionally, the Coast Guard promulgated a
permanent safety zone found in 33 CFR Part 165 for the event area in
the past and no adverse comments or notice of any negative impact
caused by the safety zone were received.
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 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 can pass
safely through the safety zone with permission from the COTP or a
designated representative, 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 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 the establishment of a temporary safety
zone. This rule is 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
[[Page 35690]]
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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA
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.T01-0363 to read as follows:
Sec. 165.T01-0363 Safety Zone; Hudson River Swim for Life; Hudson
River, Sleepy Hollow, NY.
(a) Regulated Area. The following area is a temporary safety zone:
All navigable waters of the Hudson River bound by a line drawn from
position 41[deg]05'40.90'' N, 073[deg]54'55.01'' W, east to position
41[deg]05'41.43'' N, 073[deg]52'12.03'' W, south to position
41[deg]04'42.20'' N, 073[deg]52'11.35'' W, west to position
41[deg]04'01.38'' N, 073[deg]55'01.01'' W, then north along the
shoreline back to the point of origin.
(b) Enforcement Period. This rule will be enforced from
approximately 10:30 a.m. to 2:30 p.m. on July 27, 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. 2014-14711 Filed 6-23-14; 8:45 am]
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