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, 40518-40521 [2012-16784]
Download as PDF
<![CDATA[
40518
Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations
permission to do so. The Captain of the
Port Detroit or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Detroit, or his on-scene
representative.
Dated: June 25, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2012–16789 Filed 7–9–12; 8:45 am]
BILLING CODE 9110–04–P
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
Coast Guard
33 CFR Part 165
[Docket Number USCG–2011–1000]
RIN 1625–AA00
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
ACTION:
Final rule.
The Coast Guard is
establishing seven temporary safety
zones for swim events within the
Captain of the Port (COTP) New York
Zone. These 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: This rule is effective in the
Federal Register from August 9, 2012
through September 16, 2012. This rule
will be effective with actual notice for
enforcement purposes from June 16,
2012, through August 9, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2011–1000]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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
wreier-aviles on DSK6TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:44 Jul 09, 2012
Jkt 226001
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ensign Kimberly Farnsworth,
Coast Guard; telephone (718) 354–4163,
email 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:
A. Regulatory History and Information
On April 16, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Swim Events in the Captain of
the Port New York Zone in the Federal
Register (77 FR 22525). 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 publication in the Federal
Register. The NYC Triathlon Swim
Clinic and the Iron Man Open Water
Swim Clinics are scheduled to occur on
June 16 and June 30, 2012, respectively.
These two events will occur before 30
days has elapsed after the publication of
the rule. The event sponsors are unable
and unwilling to postpone these events
because the dates of these events were
chosen based on optimal tide, current,
and weather conditions needed to
promote the safety of swim participants.
In addition, any change to the dates of
the events would cause economic
hardship on the marine event sponsors
and negatively impact other activities
being held in conjunction with these
events, such as potentially causing
numerous event participant
cancellations.
B. Basis and Purpose
The legal basis for the 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, 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
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
Sector New York Zone. The COTP has
determined that swim 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 temporary safety zones for
the duration of each event.
This rule prevents vessels from
entering into, transiting through,
mooring or anchoring within the areas
specifically designated as regulated
areas during the periods of enforcement
unless authorized by the COTP, or the
designated representative.
C. Discussion of Comments, Changes
and the Final Rule
No comments were received. The
Coast Guard made the following
changes to this final rule that were not
published in the NPRM:
The swim events listed in TABLE 1 of
165.T01–1000 were modified to now
include rain dates. Rain dates are now
included for the following events: Iron
Man Open Water Swim Clinics,
Verrazano Bridge Swim, Rose Pitonof
Swim, and Liberty to Freedom Swim.
The sponsors advised that due to the
limited reliability of weather forecast
and predictions it was necessary to have
rain dates in the event of unexpected
adverse weather conditions.
In the NPRM, the Coast Guard
proposed under Sec. 165.T01–1000(g)
the following: ‘‘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.’’ The
text in Sec. 165.T01–1000(g) now reads
as follows: ‘‘For all swim events listed
in the TABLE to § 165.T01–1000,
vessels not associated with the event
that are permitted to enter the regulated
areas in accordance with section (c),
shall maintain a separation of at least
100 yards from the participants.’’ We
revised the text to help the public better
understand our intentions and eliminate
any confusion that the regulated areas
listed in TABLE 1 of 165.T01–1000 are
geographically fixed. The requirement
for separation of at least 100 yards from
each event participant is applicable to
vessels that receive permission from the
COTP to enter the regulated areas.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
E:\FR\FM\10JYR1.SGM
10JYR1
Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
wreier-aviles on DSK6TPTVN1PROD with RULES
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 implementation of
these temporary safety zones will be of
short duration and designed to
minimize the impact to vessel traffic on
the navigable waters. These safety zones
will only be enforced for a short
duration. Furthermore, vessels may be
authorized to transit the zones with
permission of the COTP New York or
designated representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard 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.
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
the designated safety zones as listed in
TABLE 1 of 165.T01–1000 during the
enforcement period of each swim event.
These 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 regulated areas as listed in
TABLE 1 of 165.T01–1000. 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.
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
VerDate Mar<15>2010
14:44 Jul 09, 2012
Jkt 226001
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
INTFORMATION 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,
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
40519
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 seven temporary safety
E:\FR\FM\10JYR1.SGM
10JYR1
40520
Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations
zones on the navigable waters of the
Hudson River, East River, Upper New
York Bay and Lower New York Bay.
Persons and vessels are prohibited from
entering into, transiting through,
mooring, or anchoring within the safety
zones unless authorized by the COTP.
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
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
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,
which authorizes the Coast Guard to define
Safety Zone Regulations.
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 the
TABLE 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 within, or
impede the transit of event participants
or official patrol vessels in the regulated
areas during the effective dates and
times, or dates and times as modified
through the Local Notice to Mariners,
unless authorized by COTP 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 the
TABLE to § 165.T01–1000, vessels not
associated with the event that are
permitted to enter the regulated areas in
accordance with section (c), shall
maintain a separation of at least 100
yards from the participants.
TABLE 1 TO § 165.T01–1000
1.0
Hudson River
Iron Man Open Water Swim Clinics ................................................
•
•
•
•
1.2
wreier-aviles on DSK6TPTVN1PROD with RULES
1.1
NYC Triathlon Swim Clinic ..............................................................
•
•
•
•
Date: June 30 and July 14, 2012.
Rain Date: July 1 and July 15, 2012.
Enforcement Period: 8:00 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.
Date: June 17, 2012.
Rain Date: June 16 or June 24, 2012.
Enforcement Period: 10:00 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 ...................................................................
VerDate Mar<15>2010
14:44 Jul 09, 2012
Jkt 226001
PO 00000
Frm 00062
Fmt 4700
• Date: July 21, 2012.
• Rain Date: July 22, 2012.
• Enforcement Period: 12:30 p.m. to 1:30 p.m.
Sfmt 4700
E:\FR\FM\10JYR1.SGM
10JYR1
Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations
40521
TABLE 1 TO § 165.T01–1000—Continued
• 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.
3.0
3.1
East River, Upper New York Bay, Lower New York Bay
Rose Pitonof Swim ..........................................................................
•
•
•
•
Date: August 18, 2012.
Rain Date: August 19, 2012.
Enforcement Period: 9:00 a.m. to 5:00 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
4.1
Upper New York Bay, Hudson River
Liberty to Freedom Swim .................................................................
•
•
•
•
Date: September 15, 2012.
Rain Date: September 16, 2012.
Enforcement Period: 3:00 p.m. to 5:00 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 ......................................................................
•
•
•
•
Date: July 15, 2012.
Rain Date: NA.
Enforcement Period: 7:15 a.m. to 9:15 a.m.
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: June 12, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain
of the Port New York.
[FR Doc. 2012–16784 Filed 7–9–12; 8:45 am]
•
•
•
•
Date: August 18, 2012.
Rain Date: August 19, 2012.
Enforcement Period: 10:00 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.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
BILLING CODE 9110–04–P
[Docket Number USCG–2011–1126]
wreier-aviles on DSK6TPTVN1PROD with RULES
RIN 1625–AA87
Security Zones, Seattle’s Seafair Fleet
Week Moving Vessels, Puget Sound,
WA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The U.S. Coast Guard is
establishing security zones around
SUMMARY:
VerDate Mar<15>2010
14:44 Jul 09, 2012
Jkt 226001
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
designated participating vessels that are
not protected by the Naval Vessel
Protection Zone in Seattle’s Seafair Fleet
Week, while those vessels are in the
Sector Puget Sound Captain of the Port
(COTP) Zone. A designated
participating vessel is a vessel that is
named by the Coast Guard each year
prior to the event in a Federal Register
notice, as well as the Local Notice to
Mariners. These security zones are
necessary to help ensure the security of
the vessels from sabotage or other
subversive acts during Seattle’s Seafair
Fleet Week Parade of Ships and while
moored in the Port of Seattle. The Coast
Guard will ensure the security of these
E:\FR\FM\10JYR1.SGM
10JYR1
]]>Agencies
[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40518-40521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16784]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2011-1000]
RIN 1625-AA00
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
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing seven temporary safety zones
for swim events within the Captain of the Port (COTP) New York Zone.
These 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: This rule is effective in the Federal Register from August 9,
2012 through September 16, 2012. This rule will be effective with
actual notice for enforcement purposes from June 16, 2012, through
August 9, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2011-1000]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Kimberly Farnsworth, Coast Guard; telephone (718)
354-4163, email 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
On April 16, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Swim Events in the Captain of the Port New York Zone in
the Federal Register (77 FR 22525). 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
publication in the Federal Register. The NYC Triathlon Swim Clinic and
the Iron Man Open Water Swim Clinics are scheduled to occur on June 16
and June 30, 2012, respectively. These two events will occur before 30
days has elapsed after the publication of the rule. The event sponsors
are unable and unwilling to postpone these events because the dates of
these events were chosen based on optimal tide, current, and weather
conditions needed to promote the safety of swim participants. In
addition, any change to the dates of the events would cause economic
hardship on the marine event sponsors and negatively impact other
activities being held in conjunction with these events, such as
potentially causing numerous event participant cancellations.
B. Basis and Purpose
The legal basis for the 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, 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 swim 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 temporary safety
zones for the duration of each event.
This rule prevents vessels from entering into, transiting through,
mooring or anchoring within the areas specifically designated as
regulated areas during the periods of enforcement unless authorized by
the COTP, or the designated representative.
C. Discussion of Comments, Changes and the Final Rule
No comments were received. The Coast Guard made the following
changes to this final rule that were not published in the NPRM:
The swim events listed in TABLE 1 of 165.T01-1000 were modified to
now include rain dates. Rain dates are now included for the following
events: Iron Man Open Water Swim Clinics, Verrazano Bridge Swim, Rose
Pitonof Swim, and Liberty to Freedom Swim. The sponsors advised that
due to the limited reliability of weather forecast and predictions it
was necessary to have rain dates in the event of unexpected adverse
weather conditions.
In the NPRM, the Coast Guard proposed under Sec. 165.T01-1000(g)
the following: ``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.'' The text in
Sec. 165.T01-1000(g) now reads as follows: ``For all swim events listed
in the TABLE to Sec. 165.T01-1000, vessels not associated with the
event that are permitted to enter the regulated areas in accordance
with section (c), shall maintain a separation of at least 100 yards
from the participants.'' We revised the text to help the public better
understand our intentions and eliminate any confusion that the
regulated areas listed in TABLE 1 of 165.T01-1000 are geographically
fixed. The requirement for separation of at least 100 yards from each
event participant is applicable to vessels that receive permission from
the COTP to enter the regulated areas.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking.
[[Page 40519]]
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 implementation of these temporary safety zones
will be of short duration and designed to minimize the impact to vessel
traffic on the navigable waters. These safety zones will only be
enforced for a short duration. Furthermore, vessels may be authorized
to transit the zones with permission of the COTP New York or designated
representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
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.
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 the designated safety zones as listed in TABLE 1
of 165.T01-1000 during the enforcement period of each swim event.
These 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 regulated areas as listed in TABLE 1 of
165.T01-1000. 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.
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
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of seven temporary
safety
[[Page 40520]]
zones on the navigable waters of the Hudson River, East River, Upper
New York Bay and Lower New York Bay. Persons and vessels are prohibited
from entering into, transiting through, mooring, or anchoring within
the safety zones unless authorized by the COTP. 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
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, which authorizes the Coast Guard to define Safety Zone
Regulations.
0
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
the TABLE 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
within, or impede the transit of event participants or official patrol
vessels in the regulated areas during the effective dates and times, or
dates and times as modified through the Local Notice to Mariners,
unless authorized by COTP 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 the TABLE to Sec. 165.T01-1000,
vessels not associated with the event that are permitted to enter the
regulated areas in accordance with section (c), 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: July 1 and
July 15, 2012.
Enforcement Period:
8:00 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]51'41'' N,
073[deg]57'13'' W; thence to
40[deg]51'41'' N,
074[deg]56'12'' W; thence to
40[deg]54'00'' N,
073[deg]54'57'' W; thence to
40[deg]54'00.0'' N,
073[deg]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:
10:00 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]48'0.15'' N,
073[deg]58'30.59'' W; thence
to 40[deg]48'19.17'' N,
073[deg]59'9.76'' W; thence to
40[deg]47'33.29'' N,
073[deg]59'43.51'' W; thence
to 40[deg]47'12.76'' N,
073[deg]59'3.87'' 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: July 22,
2012.
Enforcement Period:
12:30 p.m. to 1:30 p.m.
[[Page 40521]]
Location: All waters
of the Lower New York Bay in
the vicinity of the Verrazano
Bridge, bound by the following
points: 40[deg]36'12.74'' N,
074[deg]3'12.92'' W; thence to
40[deg]35'59.20'' N,
074[deg]3'8.72'' W; thence to
40[deg]36'27.30'' N,
074[deg]2'3.101'' W; thence to
40[deg]36'32.91'' N,
074[deg]2'9.30'' 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: August 19,
2012.
Enforcement Period:
9:00 a.m. to 5:00 p.m.
Location: All waters
of the East River, Upper and
Lower New York Bays, bound by
the following points:
40[deg]44'11.55'' N,
073[deg]58'21.58'' W; thence
to 40[deg]44'19.63'' N,
073[deg]57'45.25'' W; thence
to 40[deg]34'10.43'' N,
073[deg]58'59.88'' W; thence
to 40[deg]32'16.62'' N,
074[deg]2'34.30'' W; thence to
40[deg]36'13.95'' N,
074[deg]3'8.58'' W; thence to
40[deg]38'38.81 N,
074[deg]4'15.14'' 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: September
16, 2012.
Enforcement Period:
3:00 p.m. to 5:00 p.m.
Location: All waters
of the East River, Upper and
Lower New York Bays, bound by
the following points:
40[deg]41'24.15'' N,
074[deg]2'33.47'' W; thence to
40[deg]41'35.25'' N,
074[deg]1'10.95'' W; thence to
40[deg]42'48.91'' N,
074[deg]1'3.44'' W; thence to
40[deg]43'0.17'' N,
074[deg]1'47.99'' W; thence to
40[deg]41'27.55'' N,
074[deg]2'49.72'' 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.
Location: All waters
of the East River, bound by
the following points:
40[deg]42'17.04'' N,
073[deg]59'21.87'' W; thence
to 40[deg]42'12.03'' N,
073[deg]59'46.17'' W; thence
to 40[deg]42'24.48'' N,
074[deg]0'4.09'' W; thence to
40[deg]42'34.19 N,
073[deg]59'31.41'' 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:
10:00 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]42'48.13'' N,
074[deg]0'58.74'' W; thence to
40[deg]42'3.20'' N,
073[deg]59'54.84'' W; thence
to 40[deg]36'32.70'' N,
074[deg]2'10.73'' W; thence to
40[deg]28'4.43 N,
073[deg]59'38.14'' W; thence
to 40[deg]28'41.58'' N,
074[deg]0'55.27'' W; thence to
40[deg]38'38.77'' N,
074[deg]4'15.05'' W; thence to
40[deg]43'0.31'' N,
074[deg]1'48.11'' W thence
back to point of origin.
------------------------------------------------------------------------
Dated: June 12, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-16784 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P
