Safety Zone; Swim Events in the Captain of the Port New York Zone; Hudson River, East River, Upper New York Bay, Lower New York Bay; New York, NY, 22525-22530 [2012-9064]
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Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules
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.
emcdonald on DSK29S0YB1PROD with PROPOSALS
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
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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 which do not individually or
cumulatively have a significant effect on
the human environment. Upon receipt
of consultation comments all
documentation will be made available
in the docket where indicated under
ADDRESSES. This proposed rule involves
establishing a temporary safety zone.
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
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
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 AREAS
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 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–0189 to read as
follows:
22525
(b) Definition: For the purposes of this
part, Captain of the Port Representative
means any U.S. Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port, Hampton Roads, Virginia to
act on his behalf.
(c) Regulations: (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port, Hampton Roads or
his designated representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
Number (757) 668–5555.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This
regulation will be enforced from 10 a.m.
until 4 p.m. on June 8, 2012, from
10 a.m. until 4 p.m. on June 9, 2012, and
from 10 a.m. until 4 p.m. on June 10,
2012.
Dated: March 14, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2012–9061 Filed 4–13–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
§ 165.T05–0189 Safety Zone; 2012 Ocean
City Air Show, Atlantic Ocean, Ocean City,
MD.
33 CFR Part 165
(a) Regulated Area. The following area
is a safety zone: Specified waters of the
Captain of the Port Sector Hampton
Roads zone, as defined in 33 CFR 3.25–
10, in the vicinity of the Atlantic Ocean
in Virginia Beach, VA bound by the
following coordinates: 38°,21′,38″ N/
075°,04′,04″ W, 38°,21′,27″ N/
075°,03′,29″ W, 38°,19′,35″ N/
075°,04′,19″ W, 38°,19′,45″ N/
075°,04′,54″ W (NAD 1983), in the
vicinity of Ocean City, Maryland.
RIN 1625–AA00
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[Docket No. USCG–2011–1000]
Safety Zone; Swim Events in the
Captain of the Port New York Zone;
Hudson River, East River, Upper New
York Bay, Lower New York Bay; New
York, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish seven temporary safety zones
SUMMARY:
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Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules
for swim events within the Captain of
the Port (COTP) New York Zone. These
proposed zones will be established on
the navigable waters of the Hudson
River, East River, Upper New York Bay
and Lower New York Bay. These
temporary safety zones are necessary to
protect the maritime public and event
participants from the hazards associated
with these events. Persons and vessels
are prohibited from entering into,
transiting through, mooring, or
anchoring within the safety zones
unless authorized by the COTP New
York or the designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 16, 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–
2011–1000 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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.
If
you have questions on this proposed
rule, call or email Ensign Kimberly
Farnsworth, Coast Guard; telephone
(718) 354–4163, email Kimberly.A.
Farnsworth@uscg.mil. 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:
emcdonald on DSK29S0YB1PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
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 https://www.
regulations.gov and will include any
personal information you have
provided.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–1000),
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 https://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
https://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–2011–1000’’ 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 81⁄2 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
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
1000’’ 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
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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 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. 1266, 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, and
160.5; Pub. L. 107–295, 116 Stat. 2064;
and Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define regulatory safety zones.
Marine events are frequently held on
the navigable waters within the COTP
Sector New York Zone. 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
temporary rule establishes temporary
safety zones for the duration of the
events.
This rule prevents vessels from
entering into, transiting through,
mooring or anchoring within the areas
specifically designated as the regulated
areas during the periods of enforcement
unless authorized by the COTP, or the
designated representative.
Discussion of Proposed Rule
In previous years, the Coast Guard has
established special local regulations,
regulated areas, and safety zone for
these annual recurring events on a case
by case basis to ensure the protection of
the maritime public and event
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Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules
participants from hazards associated
with these events. The Coast Guard has
not received public comments or
concerns regarding the impact to
waterway traffic from these events.
These swim events pose significant
risks to participants, spectators and the
boating public because of the number of
swimmers, kayakers and recreational
vessels that are expected in the area of
these events.
This temporary rule creates safety
zones for seven swim events on the
navigable waters of the Hudson River,
East River, Upper New York Bay and
Lower New York Bay. A portion of the
navigable waters will be closed during
the effective periods to all vessel traffic
except local, state or Coast Guard patrol
crafts. The events and locations are as
follows:
(1) The Iron Man Open Water Swim
Clinics: All waters of the Hudson River
in the vicinity of Palisades State Park,
NJ.
(2) The New York Triathlon Swim
Clinics: within the waters of the Lower
Hudson River in the vicinity of West
100th Street and West 81st Street,
Manhattan, NY.
(3) The Verrazano Bridge Swim:
Within the waters of Lower New York
Bay in the vicinity of Fort Hamilton,
Brooklyn, NY and Fort Wadsworth,
Staten Island, NY.
(4) The Rose Pitonof Swim: within the
waters of the East River, Upper New
York Bay and Lower New York Bay,
from East 26th Street, Manhattan, NY to
Steeplechase Pier, Coney Island, NY.
(5) The Liberty to Freedom Swim:
within the waters of the Upper New
York Bay, from Liberty Island, NJ to
North Cove, New York, NY.
(6) Ederle Swim: Within the waters of
the Hudson River between North Cove
Marina, New York, NY and Sandy Hook,
NJ.
(7) Brooklyn Bridge Swim: Within the
waters of the East River in the vicinity
of Brooklyn Bridge Park, Brooklyn, NY
and East River Park, New York, NY.
The proposed regulation would
prevent vessels from transiting areas
designated as safety zones during the
periods of enforcement to ensure
protection of the maritime public and
event participants from hazards
associated with the listed swim events.
Only event sponsors, designated
participants, and official patrol vessels
will be allowed to enter the regulated
areas. Spectators and other vessels not
registered as event participants may not
enter the safety zones without
permission of the COTP or the
designated representative.
The specific times, dates, regulated
areas, and enforcement period for each
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event will be provided through the
Local Notice to Mariners, Broadcast
Notice to Mariners and online at
https://homeport.uscg.mil/newyork.
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 proposed 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, 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.
These safety zones will be of limited
duration, and vessels may transit in
portions of the affected waterway except
for those areas covered by the proposed
regulated areas. Furthermore, vessels
may be authorized to transit these zones
with the permission of the COTP New
York or the designated representative.
Notifications will be made to the local
maritime community through the Local
Notice to Mariners and Broadcast Notice
to Mariners well in advance of the
events. No new or additional
restrictions would be imposed on vessel
traffic.
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 rule will affect the following
entities, some of which may be small
entities: The owners and operators of
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22527
vessels intending to transit, fish or
anchor in the designated safety zones
during the enforcement period of the
swim events.
The safety zones will not have
significant economic impact on a
substantial number of small entities for
the following reasons: Vessels will only
be restricted from safety zone areas for
a short duration of time; vessels may
transit in portions of the affected
waterway except for those areas covered
by the proposed regulated areas; the
Coast Guard has promulgated safety
zones in accordance with 33 CFR Part
165 for all event areas in the past and
has not received notice of any negative
impact caused by any of the safety
zones; and notifications will be made to
the local maritime community through
the Local Notice to Mariners and
Broadcast Notice to Mariners well in
advance of the events.
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
they can better evaluate its effects on
them and participate in the rulemaking
process.
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 1–888–REG–
FAIR (1–888–734–3247). 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
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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.
emcdonald on DSK29S0YB1PROD with PROPOSALS
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
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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.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
Technical Standards
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.
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 appears to be one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment.
A preliminary environmental analysis
checklist supporting this determination
will be available in the docket where
indicated under ADDRESSES. This
proposed rule involves the
establishment of four temporary safety
zones for swim events. This rule
appears to be categorically excluded,
under figure 2–1, paragraph (34)(g), by
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
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
2. Add § 165.T01–1000 to read as
follows:
§ 165.T01–1000 Swim Events in the
Captain of the Port New York Zone, Hudson
River, East River, Upper New York Bay,
Lower New York Bay, New York, NY.
(a) Regulation. The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the swim events listed in
TABLE 1 of § 165.T01–1000. These
regulations will be enforced for the
duration of each swim event.
Notifications of exact dates and times of
the enforcement period will be made to
the local maritime community through
the Local Notice to Mariners and
Broadcast Notice to Mariners. First
Coast Guard District Local Notice to
Mariners can be found at https://
www.navcen.uscg.gov/.
(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) New York Zone to act on
his or her behalf.
(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. 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.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(c) Vessel operators desiring to enter
or operate within the regulated areas
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.
(d) Spectators or other vessels shall
not anchor, block, loiter, or impede the
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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 or the designated
representative.
(e) 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.
(f) The COTP or the designated
representative may delay or terminate
any marine event in this subpart at any
22529
time it is deemed necessary to ensure
the safety of life or property.
(g) For all swim events listed in Table
1 to § 165.T01–1000, vessels not
associated with the event shall maintain
a separation of at least 100 yards from
the participants.
TABLE 1 TO § 165.T01–1000
1.0
Hudson River
1.1
Iron Man Open Water Swim Clinics ................................................
•
•
•
•
Date: June 30 and July 14, 2012.
Rain Date: NA.
Enforcement Period: 8 a.m. to 10:30 a.m.
Location site: All waters of the Hudson River in the vicinity of Ross
Docks Camp Ground, bound by the following points: 40°51′41″ N,
073°57′13″ W; thence to 40°51′41″ N, 074°56′12″ W; thence to
40°54′00″ N, 073°54′57″ W; thence to 40°54′00.0″ N, 073°56′06″ W;
thence along the shoreline to the point of origin.
1.2
NYC Triathlon Swim Clinic ..............................................................
•
•
•
•
Date: June 17, 2012.
Rain Date: June 16 or June 24, 2012.
Enforcement Period: 10 a.m. to 11:30 a.m.
Location: All waters of the Hudson River in the vicinity of Ross
Docks Camp Ground, bound by the following points: 40°48′0.15″ N,
073°58′30.59″ W; thence to 40°48′19.17″ N, 073°59′9.76″ W; thence
to 40°47′33.29″ N, 073°59′43.51″ W; thence to 40°47′12.76″ N,
073°59′3.87″ W thence along the shoreline to the point of origin.
2.0
2.1
Lower New York Bay
Verrazano Bridge Swim ...................................................................
•
•
•
•
3.0
3.1
Date: July 21, 2012.
Rain Date: NA.
Enforcement Period: 12:30 p.m. to 1:30 p.m.
Location: All waters of the Lower New York Bay in the vicinity of the
Verrazano Bridge, bound by the following points: 40°36′12.74″ N,
074°3′12.92″ W; thence to 40°35′59.20″ N, 074°3′8.72″ W; thence to
40°36′27.30″ N, 074°2′3.101″ W; thence to 40°36′32.91″ N,
074°2′9.30″ W; thence along the shoreline to the point of origin.
East River, Upper New York Bay, Lower New York Bay
Rose Pitonof Swim ..........................................................................
•
•
•
•
Date: August 18, 2012.
Rain Date: NA.
Enforcement Period: 9 a.m. to 5 p.m.
Location: All waters of the East River, Upper and Lower New York
Bays, bound by the following points: 40°44′11.55″ N, 073°58′21.58″
W; thence to 40°44′19.63″ N, 073°57′45.25″ W; thence to
40°34′10.43″ N, 073°58′59.88″ W; thence to 40°32′16.62″ N,
074°2′34.30″ W; thence to 40°36′13.95″ N, 074°3′8.58″ W; thence to
40°38′38.81″ N, 074°4′15.14″ W; thence back to the point of origin.
4.0
emcdonald on DSK29S0YB1PROD with PROPOSALS
4.1
Upper New York Bay, Hudson River
Liberty to Freedom Swim .................................................................
•
•
•
•
Date: September 15, 2012.
Rain Date: NA.
Enforcement Period: 3 p.m. to 5 p.m.
Location: All waters of the East River, Upper and Lower New York
Bays, bound by the following points: 40°41′24.15″ N, 074°2′33.47″
W; thence to 40°41′35.25″ N, 074°1′10.95″ W; thence to
40°42′48.91″ N, 074°1′3.44″ W; thence to 40°43′0.17″ N,
074°1′47.99″ W; thence to 40°41′27.55″ N, 074°2′49.72″ W; thence
back to the point of origin.
5.0
5.1
Upper New York Bay, Hudson River
Brooklyn Bridge Swim ......................................................................
VerDate Mar<15>2010
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Fmt 4702
• Date: July 15, 2012.
• Rain Date: NA.
• Enforcement Period: 7:15 a.m. to 9:15 a.m.
Sfmt 4702
E:\FR\FM\16APP1.SGM
16APP1
22530
Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules
TABLE 1 TO § 165.T01–1000—Continued
• Location: All waters of the East River, bound by the following points:
40°42′17.04″ N, 073°59′21.87″ W; thence to 40°42′12.03″ N,
073°59′46.17″ W; thence to 40°42′24.48″ N, 074°0′4.09″ W; thence
to 40°42′34.19″ N, 073°59′31.41″ W; thence back to point of origin.
6.0
6.1
Upper New York Bay, Lower New York Bay
Ederle Swim .....................................................................................
Dated: March 23, 2012.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Captain of
the Port of New York.
[FR Doc. 2012–9064 Filed 4–13–12; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
emcdonald on DSK29S0YB1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
14:34 Apr 13, 2012
Jkt 226001
•
•
•
•
Date: August 18, 2012.
Rain Date: August 19, 2012.
Enforcement Period: 10 a.m. to 7:30 p.m.
Location: All waters of the Hudson River, Upper and Lower New
York Bays, bound by the following points: 40°42′48.13″ N,
074°0′58.74″ W; thence to 40°42′3.20″ N, 073°59′54.84″ W; thence
to 40°36′32.70″ N, 074°2′10.73″ W; thence to 40°28′4.43″ N,
073°59′38.14″ W; thence to 40°28′41.58″ N, 074°0′55.27″ W; thence
to 40°38′38.77″ N, 074°4′15.05″ W; thence to 40°43′0.31″ N,
074°1′48.11″ W; thence back to point of origin.
(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
Kimberly.A.Farnsworth@uscg.mil. 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 https://
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
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
may submit your comments and
material online (via https://
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
https://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 81⁄2 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
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
E:\FR\FM\16APP1.SGM
16APP1
]]>Agencies
[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Proposed Rules]
[Pages 22525-22530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9064]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1000]
RIN 1625-AA00
Safety Zone; Swim Events in the Captain of the Port New York
Zone; Hudson River, East River, Upper New York Bay, Lower New York Bay;
New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish seven temporary safety
zones
[[Page 22526]]
for swim events within the Captain of the Port (COTP) New York Zone.
These proposed zones will be established on the navigable waters of the
Hudson River, East River, Upper New York Bay and Lower New York Bay.
These temporary safety zones are necessary to protect the maritime
public and event participants from the hazards associated with these
events. Persons and vessels are prohibited from entering into,
transiting through, mooring, or anchoring within the safety zones
unless authorized by the COTP New York or the designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before May 16, 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-
2011-1000 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 Kimberly.A.Farnsworth@uscg.mil. 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 https://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-2011-1000), 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 https://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 https://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-2011-1000'' 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 https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-1000'' 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 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. 1266, 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, and 160.5; Pub. L. 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones.
Marine events are frequently held on the navigable waters within
the COTP Sector New York Zone. 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 temporary rule
establishes temporary safety zones for the duration of the events.
This rule prevents vessels from entering into, transiting through,
mooring or anchoring within the areas specifically designated as the
regulated areas during the periods of enforcement unless authorized by
the COTP, or the designated representative.
Discussion of Proposed Rule
In previous years, the Coast Guard has established special local
regulations, regulated areas, and safety zone for these annual
recurring events on a case by case basis to ensure the protection of
the maritime public and event
[[Page 22527]]
participants from hazards associated with these events. The Coast Guard
has not received public comments or concerns regarding the impact to
waterway traffic from these events.
These swim events pose significant risks to participants,
spectators and the boating public because of the number of swimmers,
kayakers and recreational vessels that are expected in the area of
these events.
This temporary rule creates safety zones for seven swim events on
the navigable waters of the Hudson River, East River, Upper New York
Bay and Lower New York Bay. A portion of the navigable waters will be
closed during the effective periods to all vessel traffic except local,
state or Coast Guard patrol crafts. The events and locations are as
follows:
(1) The Iron Man Open Water Swim Clinics: All waters of the Hudson
River in the vicinity of Palisades State Park, NJ.
(2) The New York Triathlon Swim Clinics: within the waters of the
Lower Hudson River in the vicinity of West 100th Street and West 81st
Street, Manhattan, NY.
(3) The Verrazano Bridge Swim: Within the waters of Lower New York
Bay in the vicinity of Fort Hamilton, Brooklyn, NY and Fort Wadsworth,
Staten Island, NY.
(4) The Rose Pitonof Swim: within the waters of the East River,
Upper New York Bay and Lower New York Bay, from East 26th Street,
Manhattan, NY to Steeplechase Pier, Coney Island, NY.
(5) The Liberty to Freedom Swim: within the waters of the Upper New
York Bay, from Liberty Island, NJ to North Cove, New York, NY.
(6) Ederle Swim: Within the waters of the Hudson River between
North Cove Marina, New York, NY and Sandy Hook, NJ.
(7) Brooklyn Bridge Swim: Within the waters of the East River in
the vicinity of Brooklyn Bridge Park, Brooklyn, NY and East River Park,
New York, NY.
The proposed regulation would prevent vessels from transiting areas
designated as safety zones during the periods of enforcement to ensure
protection of the maritime public and event participants from hazards
associated with the listed swim events.
Only event sponsors, designated participants, and official patrol
vessels will be allowed to enter the regulated areas. Spectators and
other vessels not registered as event participants may not enter the
safety zones without permission of the COTP or the designated
representative.
The specific times, dates, regulated areas, and enforcement period
for each event will be provided through the Local Notice to Mariners,
Broadcast Notice to Mariners and online at https://homeport.uscg.mil/newyork.
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 proposed 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, 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.
These safety zones will be of limited duration, and vessels may
transit in portions of the affected waterway except for those areas
covered by the proposed regulated areas. Furthermore, vessels may be
authorized to transit these zones with the permission of the COTP New
York or the designated representative.
Notifications will be made to the local maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners well in
advance of the events. No new or additional restrictions would be
imposed on vessel traffic.
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 rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit, fish or anchor in the designated safety zones during the
enforcement period of the swim events.
The safety zones will not have significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from safety zone areas for a short duration of
time; vessels may transit in portions of the affected waterway except
for those areas covered by the proposed regulated areas; the Coast
Guard has promulgated safety zones in accordance with 33 CFR Part 165
for all event areas in the past and has not received notice of any
negative impact caused by any of the safety zones; and notifications
will be made to the local maritime community through the Local Notice
to Mariners and Broadcast Notice to Mariners well in advance of the
events.
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 they can better
evaluate its effects on them and participate in the rulemaking process.
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 1-888-REG-FAIR (1-
888-734-3247). 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
[[Page 22528]]
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 appears to be
one of a category of actions which do not individually or cumulatively
have a significant effect on the human environment.
A preliminary environmental analysis checklist supporting this
determination will be available in the docket where indicated under
ADDRESSES. This proposed rule involves the establishment of four
temporary safety zones for swim events. This rule appears to be
categorically excluded, under figure 2-1, paragraph (34)(g), by 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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 AREAS
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.
2. Add Sec. 165.T01-1000 to read as follows:
Sec. 165.T01-1000 Swim Events in the Captain of the Port New York
Zone, Hudson River, East River, Upper New York Bay, Lower New York Bay,
New York, NY.
(a) Regulation. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the swim events listed in
TABLE 1 of Sec. 165.T01-1000. These regulations will be enforced for
the duration of each swim event. Notifications of exact dates and times
of the enforcement period will be made to the local maritime community
through the Local Notice to Mariners and Broadcast Notice to Mariners.
First Coast Guard District Local Notice to Mariners can be found at
https://www.navcen.uscg.gov/.
(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)
New York Zone to act on his or her behalf.
(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. 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.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Vessel operators desiring to enter or operate within the
regulated areas 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.
(d) Spectators or other vessels shall not anchor, block, loiter, or
impede the
[[Page 22529]]
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 or the designated representative.
(e) 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.
(f) The COTP or the designated representative may delay or
terminate any marine event in this subpart at any time it is deemed
necessary to ensure the safety of life or property.
(g) For all swim events listed in Table 1 to Sec. 165.T01-1000,
vessels not associated with the event shall maintain a separation of at
least 100 yards from the participants.
Table 1 to Sec. 165.T01-1000
------------------------------------------------------------------------
------------------------------------------------------------------------
1.0 Hudson River
------------------------------------------------------------------------
1.1 Iron Man Open Water Swim Clinics... Date: June 30 and July
14, 2012.
Rain Date: NA.
Enforcement Period: 8
a.m. to 10:30 a.m.
Location site: All
waters of the Hudson River in
the vicinity of Ross Docks
Camp Ground, bound by the
following points:
40[deg]51[min]41[sec] N,
073[deg]57[min]13[sec] W;
thence to
40[deg]51[min]41[sec] N,
074[deg]56[min]12[sec] W;
thence to
40[deg]54[min]00[sec] N,
073[deg]54[min]57[sec] W;
thence to
40[deg]54[min]00.0[sec] N,
073[deg]56[min]06[sec] W;
thence along the shoreline to
the point of origin.
------------------------------------------------------------------------
1.2 NYC Triathlon Swim Clinic.......... Date: June 17, 2012.
Rain Date: June 16 or
June 24, 2012.
Enforcement Period: 10
a.m. to 11:30 a.m.
Location: All waters
of the Hudson River in the
vicinity of Ross Docks Camp
Ground, bound by the following
points:
40[deg]48[min]0.15[sec] N,
073[deg]58[min]30.59[sec] W;
thence to
40[deg]48[min]19.17[sec] N,
073[deg]59[min]9.76[sec] W;
thence to
40[deg]47[min]33.29[sec] N,
073[deg]59[min]43.51[sec] W;
thence to
40[deg]47[min]12.76[sec] N,
073[deg]59[min]3.87[sec] W
thence along the shoreline to
the point of origin.
------------------------------------------------------------------------
2.0 Lower New York Bay
------------------------------------------------------------------------
2.1 Verrazano Bridge Swim.............. Date: July 21, 2012.
Rain Date: NA.
Enforcement Period:
12:30 p.m. to 1:30 p.m.
Location: All waters
of the Lower New York Bay in
the vicinity of the Verrazano
Bridge, bound by the following
points:
40[deg]36[min]12.74[sec] N,
074[deg]3[min]12.92[sec] W;
thence to
40[deg]35[min]59.20[sec] N,
074[deg]3[min]8.72[sec] W;
thence to
40[deg]36[min]27.30[sec] N,
074[deg]2[min]3.101[sec] W;
thence to
40[deg]36[min]32.91[sec] N,
074[deg]2[min]9.30[sec] W;
thence along the shoreline to
the point of origin.
------------------------------------------------------------------------
3.0 East River, Upper New York Bay,
Lower New York Bay
------------------------------------------------------------------------
3.1 Rose Pitonof Swim.................. Date: August 18, 2012.
Rain Date: NA.
Enforcement Period: 9
a.m. to 5 p.m.
Location: All waters
of the East River, Upper and
Lower New York Bays, bound by
the following points:
40[deg]44[min]11.55[sec] N,
073[deg]58[min]21.58[sec] W;
thence to
40[deg]44[min]19.63[sec] N,
073[deg]57[min]45.25[sec] W;
thence to
40[deg]34[min]10.43[sec] N,
073[deg]58[min]59.88[sec] W;
thence to
40[deg]32[min]16.62[sec] N,
074[deg]2[min]34.30[sec] W;
thence to
40[deg]36[min]13.95[sec] N,
074[deg]3[min]8.58[sec] W;
thence to
40[deg]38[min]38.81'' N,
074[deg]4[min]15.14[sec] W;
thence back to the point of
origin.
------------------------------------------------------------------------
4.0 Upper New York Bay, Hudson
River
------------------------------------------------------------------------
4.1 Liberty to Freedom Swim............ Date: September 15,
2012.
Rain Date: NA.
Enforcement Period: 3
p.m. to 5 p.m.
Location: All waters
of the East River, Upper and
Lower New York Bays, bound by
the following points:
40[deg]41[min]24.15[sec] N,
074[deg]2[min]33.47[sec] W;
thence to
40[deg]41[min]35.25[sec] N,
074[deg]1[min]10.95[sec] W;
thence to
40[deg]42[min]48.91[sec] N,
074[deg]1[min]3.44[sec] W;
thence to
40[deg]43[min]0.17[sec] N,
074[deg]1[min]47.99[sec] W;
thence to
40[deg]41[min]27.55[sec] N,
074[deg]2[min]49.72[sec] W;
thence back to the point of
origin.
------------------------------------------------------------------------
5.0 Upper New York Bay, Hudson
River
------------------------------------------------------------------------
5.1 Brooklyn Bridge Swim............... Date: July 15, 2012.
Rain Date: NA.
Enforcement Period:
7:15 a.m. to 9:15 a.m.
[[Page 22530]]
Location: All waters
of the East River, bound by
the following points:
40[deg]42[min]17.04[sec] N,
073[deg]59[min]21.87[sec] W;
thence to
40[deg]42[min]12.03[sec] N,
073[deg]59[min]46.17[sec] W;
thence to
40[deg]42[min]24.48[sec] N,
074[deg]0[min]4.09[sec] W;
thence to
40[deg]42[min]34.19'' N,
073[deg]59[min]31.41[sec] W;
thence back to point of
origin.
------------------------------------------------------------------------
6.0 Upper New York Bay, Lower New
York Bay
------------------------------------------------------------------------
6.1 Ederle Swim........................ Date: August 18, 2012.
Rain Date: August 19,
2012.
Enforcement Period: 10
a.m. to 7:30 p.m.
Location: All waters
of the Hudson River, Upper and
Lower New York Bays, bound by
the following points:
40[deg]42[min]48.13[sec] N,
074[deg]0[min]58.74[sec] W;
thence to
40[deg]42[min]3.20[sec] N,
073[deg]59[min]54.84[sec] W;
thence to
40[deg]36[min]32.70[sec] N,
074[deg]2[min]10.73[sec] W;
thence to 40[deg]28[min]4.43''
N, 073[deg]59[min]38.14[sec]
W; thence to
40[deg]28[min]41.58[sec] N,
074[deg]0[min]55.27[sec] W;
thence to
40[deg]38[min]38.77[sec] N,
074[deg]4[min]15.05[sec] W;
thence to
40[deg]43[min]0.31[sec] N,
074[deg]1[min]48.11[sec] W;
thence back to point of
origin.
------------------------------------------------------------------------
Dated: March 23, 2012.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Captain of the Port of New York.
[FR Doc. 2012-9064 Filed 4-13-12; 8:45 am]
BILLING CODE 9110-04-P
