Safety Zone; Hudson Valley Triathlon, Ulster Landing, Hudson River, NY, 41048-41051 [2012-17003]
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Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations
(3) * * *
DEPARTMENT OF THE TREASURY
Need for Correction
Internal Revenue Service
26 CFR Part 1
Example 1. A’s household income is 275
percent of the Federal Poverty line for A’s
family size for that taxable year. * * *
*
*
*
*
*
Par. 3. Section 1.36B–4(b)(6) is
amended by revising the first sentence
of Example 5. (ii) to read as follows:
[TD 9590]
■
RIN 1545–BJ82
Health Insurance Premium Tax Credit;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document contains
corrections to final regulations (TD
9590) that were published in the
Federal Register on Wednesday, May
23, 2012 (77 FR 30377). The final
regulations relate to the health
insurance premium tax credit enacted
by the Patient Protection and Affordable
Care Act and the Health Care and
Education Reconciliation Act of 2010.
DATES: This correction is effective on
July 12, 2012 and is applicable May 23,
2012.
FOR FURTHER INFORMATION CONTACT:
Shareen S. Pflanz, (202) 622–4920 (not
a toll free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
§ 1.36B–4 Reconciling the premium tax
credit with advance credit payments.
*
*
*
(b) * * *
(6) * * *
*
*
Example 5 * * *
(ii) Because R’s and S’s premium tax credit
of $3,484 exceeds their advance credit
payments of $2,707, R and S are allowed an
additional credit of $777. * * *
*
*
*
*
*
Diane Williams,
Federal Register Liaison, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2012–16986 Filed 7–11–12; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Background
26 CFR Parts 1 and 602
The final regulations that are the
subject of this document are under
section 36B of the Internal Revenue
Code.
[TD 9590]
RIN 1545–BJ82
Health Insurance Premium Tax Credit;
Correction
Need for Correction
As published, the final regulations
(TD 9590) contain errors that may prove
to be misleading and are in need of
clarification.
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
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Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.36B–3(g)(3) is
amended by revising the first sentence
of Example 1 to read as follows:
■
§ 1.36B–3 Computing the premium
assistance credit amount.
*
*
*
(g) * * *
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*
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Correction of Publication
Accordingly, the final regulations (TD
9590), that are the subject of FR Doc.
2012–12421, are corrected as follows:
1. On page 30377, column 2, in the
preamble, under the paragraph heading
‘‘Paperwork Reduction Act’’, first
paragraph of the column, line 5, the
language ‘‘with the Paperwork and
Reduction Act’’ is corrected to read
‘‘with the Paperwork Reduction Act’’.
2. On page 30378, column 2, in the
preamble, under the paragraph heading
‘‘e. Federal Poverty Line’’, line 2 of the
paragraph, the language ‘‘federal poverty
line by reference to the’’ is corrected to
read ‘‘Federal poverty line by reference
to the’’.
3. On page 30381, column 3, under
the paragraph heading ‘‘E. Individuals
Enrolled in Coverage’’, first full
paragraph of the column, lines 6 and 7,
the language ‘‘a plan year or other
period if (1) the employee or related
individual is’’ is corrected to read ‘‘a
plan year or other period if the
employee or related individual (1) is’’.
Diane Williams,
Federal Register Liaison, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2012–16985 Filed 7–11–12; 8:45 am]
BILLING CODE 4830–01–P
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations.
AGENCY:
This document contains
corrections to final regulations (TD
9590) that were published in the
Federal Register on Wednesday, May
23, 2012 (77 FR 30377). The final
regulations relate to the health
insurance premium tax credit enacted
by the Patient Protection and Affordable
Care Act and the Health Care and
Education Reconciliation Act of 2010.
DATES: This correction is effective on
July 12, 2012 and is applicable May 23,
2012.
FOR FURTHER INFORMATION CONTACT:
Shareen S. Pflanz, (202) 622–4920 (not
a toll free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
List of Subjects in 26 CFR Part 1
As published, the final regulations
(TD 9590) contain errors that may prove
to be misleading and are in need of
clarification.
Background
The final regulations (TD 9590) that
are the subject of this correction are
under section 36B of the Internal
Revenue Code.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0537]
RIN 1625–AA00
Safety Zone; Hudson Valley Triathlon,
Ulster Landing, Hudson River, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Hudson
River in the vicinity of Ulster Landing,
NY for the 16th Annual Hudson Valley
Triathlon swim event. This temporary
safety zone is necessary to protect
swimmers, spectators, and vessels from
the hazards associated with swimmers
competing in a confined area of the
SUMMARY:
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
CFR Code of Federal Regulations
notice of proposed rulemaking (NPRM)
with respect to this rule because
delaying this event would be contrary to
the public interest.
The 16th Annual Hudson Valley
Triathlon swim event will occur on July
15, 2012. On May 22, 2012, the sponsor
of the event advised the Coast Guard
that due to optimal tide, current, and
weather conditions needed to promote
the safety of the swim participants, they
were changing the date of the event
from the first weekend after the 4th of
July to Sunday, July 15, 2012, thereby
rendering the permanent safety zone set
forth in 33 CFR 165.160 inapplicable for
this year’s event.
Any delay in the effective date of this
rule would be contrary to the public
interest because immediate action is
needed to provide for the safety of life
on the navigable waters from the
hazards of swimming in the Hudson
River, particularly in the vicinity of the
shipping channel. The safety zone is
necessary to provide for the safety of
event participants, spectator crafts, and
other vessels operating near the event
area. For the safety concerns noted, it is
in the public interest to have this
regulation in effect during this event. In
addition, any change to the date of the
event could potentially cause economic
hardship on the marine event sponsor
and negatively impact other activities
being held in conjunction with these
events by potentially causing numerous
event participant cancellations.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds, for the reasons stated
above, that good cause exists for making
this rule effective less than 30 days after
publication in the Federal Register.
A. Regulatory History and Information
B. Basis and Purpose
The Hudson Valley Triathlon swim is
an annual recurring event that has a
permanent safety zone found at 33 CFR
165.160. The effective date for the
permanent safety zone is the first
weekend after the 4th of July each year.
On July 20, 2011, a temporary final rule
was published in the Federal Register
(76 FR 139) for this event.
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
The legal basis for the proposed 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.
The Coast Guard received an
application to hold the annual Hudson
River Triathlon on the waters of the
Hudson River, Ulster Landing, NY, in
the vicinity of Barrytown, NY. With this
application, the event sponsor requested
that the event be permitted to take place
on Sunday, July 15, 2012 rather than the
usual first weekend following July 4th.
The deviation from the permanent
regulation was requested to avoid
unsafe tide and current conditions
expected to occur on the Sunday after
July 4, 2012.
Hudson River. Persons and vessels are
prohibited from entering into, transiting
through, or anchoring within the safety
zone unless authorized by the Captain
of the Port (COTP) New York or the
designated representative.
DATES: This rule is effective from 7:30
a.m. until 8:30 a.m. on July 15, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0537]. 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:
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Table of Acronyms
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C. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone on the waters of
the Hudson River in the vicinity of
Ulster Landing, NY for the 16th Annual
Hudson Valley Triathlon swim event.
This temporary rule will restrict vessels
from a portion of the Hudson River
during the swim event on Sunday, July
15, 2012.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this regulation
may have some impact on the public,
the potential impact will be minimized
for the following reasons. Vessels will
only be restricted from the safety zone
for a short duration of time. Before
activating the zone, we will notify
mariners by appropriate means
including but not limited to Local
Notice to Mariners and Broadcast Notice
to Mariners. Additionally, the Coast
Guard promulgated a permanent safety
zone found in 33 CFR part 165 for the
event area in the past and no adverse
comments or notice of any negative
impact caused by the safety zone were
received.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities.
(1) This rule would affect the
following entities, some of which might
be small entities: the owners or
operators of vessels intending to transit
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or anchor in a portion of the Hudson
River during the effective period.
(2) This safety zone would not have
a significant economic impact on a
substantial number of small entities for
the following reasons. This safety zone
will be enforced for only 1 hour early
in the day when vessel traffic is low.
Vessel traffic could pass safely around
the safety zone. Before activating the
zone, we will notify mariners by
appropriate means including but not
limited to Local Notice to Mariners and
Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
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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.
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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.
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13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a temporary safety
zone. This rule is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREA
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 § 165.T01–0537 to read as
follows:
■
§ 165.T01–0537 Safety Zone; Hudson
Valley Triathlon, Ulster Landing, Hudson
River, NY.
(a) Regulated Area. The following area
is a regulated area: All navigable waters
of the Hudson River, Ulster Landing, NY
in the vicinity of Barrytown, NY bound
by the following points: 42°00′03.7″ N
073°56′43.1″ W; thence to 41°59′52.5″ N
073°56′34.2″ W; thence to 42°00′15.1″ N
073°56′25.2″ W; thence to 42°00′05.4″ N
073°56′41.9″ W; thence along the
shoreline to the point of the beginning.
This area is approximately 1.2 nautical
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miles north of the Kingston Rhinecliff
Bridge.
(b) Effective Date. This rule is
effective from 7:30 a.m. until 8:30 a.m.
on July 15, 2012.
(c) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port Sector New York (COTP), to act on
his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the following regulations,
apply.
(2) No vessels, except for event
coordinators and support vessels, will
be allowed to transit the safety zone
without the permission of the COTP.
Vessels not associated with the event
that are permitted to enter the regulated
areas shall maintain a separation of at
least 100 yards from the participants.
(3) All persons and vessels permitted
by the COTP to enter the safety zone
shall comply with the instructions of
the COTP or the designated
representative. Upon being hailed by a
U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed. Failure to comply with a
lawful direction may result in expulsion
from the regulated area, citation for
failure to comply, or both.
(4) Vessel operators desiring to enter
or operate within the regulated area
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.
(5) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times,
unless authorized by COTP or the
designated representative.
(6) The COTP or the designated
representative may delay or terminate
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any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
Dated: June 27, 2012.
G.A. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port, New York.
[FR Doc. 2012–17003 Filed 7–11–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2009–0517; FRL–9690–1]
RIN 2060–AR10
Prevention of Significant Deterioration
and Title V Greenhouse Gas Tailoring
Rule Step 3 and GHG Plantwide
Applicability Limits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is promulgating the
third step (Step 3) of our phase-in
approach to permitting sources of
greenhouse gas (GHG) emissions that we
committed to do in the GHG Tailoring
Rule. This rule completes Step 3 by
determining not to lower the current
Prevention of Significant Deterioration
(PSD) and title V applicability
thresholds for GHG-emitting sources
established in the Tailoring Rule for
Steps 1 and 2. We are also promulgating
regulatory revisions for better
implementation of the federal program
for establishing plantwide applicability
limitations (PALs) for GHG emissions,
which will improve the administration
of the GHG PSD permitting programs.
DATES: This action is effective on
August 13, 2012.
ADDRESSES: The EPA has established a
docket for this rulemaking under Docket
ID No. EPA–HQ–OAR–2009–0517. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Avenue
Northwest, Washington, DC. The Public
SUMMARY:
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41051
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air and Radiation
Docket and Information Center is (202)
566–1742.
FOR FURTHER INFORMATION CONTACT:
Michael S. Brooks, Air Quality Policy
Division, Office of Air Quality Planning
and Standards (C504–05),
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number (919) 541–
3539; fax number (919) 541–5509; email
address: brooks.michaels@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Executive Summary
1. Purpose of the Regulatory Action
The purpose of this Step 3 rule is to
continue the process of phasing in GHG
permitting requirements under the PSD
and title V programs begun in Steps 1
and 2 of the Tailoring Rule.1 As a result
of actions to regulate GHGs under other
Clean Air Act (CAA) programs, GHGs
are required to be addressed under the
major source permitting requirements of
the Act’s PSD and title V programs. The
Tailoring Rule was necessary because
the CAA applicability requirements that
determine which sources are subject to
permitting under these programs are
based on annual potential emission
rates of 100 or 250 tons per year (tpy).
Implementing these requirements for
GHG-emitting sources immediately after
they became subject to PSD and title V
requirements would have brought so
many sources into those programs so as
to overwhelm the capabilities of state
and local (hereafter, referred to
collectively as state) permitting
authorities to issue permits, and as a
result, would have impeded the ability
of sources to construct, modify or
operate their facilities.
To prevent this outcome, the EPA
promulgated the Tailoring Rule to tailor
the PSD and title V applicability criteria
that determine which GHG sources and
modification projects become subject to
the permitting programs. In the
Tailoring Rule, we explained that the
administrative burdens of immediate
implementation of the PSD and title V
requirements without tailoring ‘‘are so
severe that they bring the judicial
doctrines of ‘absurd results,’
‘administrative necessity,’ and ‘onestep-at-a-time’ into the Chevron two1 ‘‘Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule; Final Rule,’’
75 FR 31514, June 3, 2010 (the Tailoring Rule).
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]]>Agencies
[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Rules and Regulations]
[Pages 41048-41051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17003]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0537]
RIN 1625-AA00
Safety Zone; Hudson Valley Triathlon, Ulster Landing, Hudson
River, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Hudson River in the vicinity of Ulster Landing,
NY for the 16th Annual Hudson Valley Triathlon swim event. This
temporary safety zone is necessary to protect swimmers, spectators, and
vessels from the hazards associated with swimmers competing in a
confined area of the
[[Page 41049]]
Hudson River. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within the safety zone unless
authorized by the Captain of the Port (COTP) New York or the designated
representative.
DATES: This rule is effective from 7:30 a.m. until 8:30 a.m. on July
15, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0537]. 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
CFR Code of Federal Regulations
A. Regulatory History and Information
The Hudson Valley Triathlon swim is an annual recurring event that
has a permanent safety zone found at 33 CFR 165.160. The effective date
for the permanent safety zone is the first weekend after the 4th of
July each year. On July 20, 2011, a temporary final rule was published
in the Federal Register (76 FR 139) for this event.
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because delaying this event would be
contrary to the public interest.
The 16th Annual Hudson Valley Triathlon swim event will occur on
July 15, 2012. On May 22, 2012, the sponsor of the event advised the
Coast Guard that due to optimal tide, current, and weather conditions
needed to promote the safety of the swim participants, they were
changing the date of the event from the first weekend after the 4th of
July to Sunday, July 15, 2012, thereby rendering the permanent safety
zone set forth in 33 CFR 165.160 inapplicable for this year's event.
Any delay in the effective date of this rule would be contrary to
the public interest because immediate action is needed to provide for
the safety of life on the navigable waters from the hazards of swimming
in the Hudson River, particularly in the vicinity of the shipping
channel. The safety zone is necessary to provide for the safety of
event participants, spectator crafts, and other vessels operating near
the event area. For the safety concerns noted, it is in the public
interest to have this regulation in effect during this event. In
addition, any change to the date of the event could potentially cause
economic hardship on the marine event sponsor and negatively impact
other activities being held in conjunction with these events by
potentially causing numerous event participant cancellations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds, for the reasons
stated above, that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
B. Basis and Purpose
The legal basis for the proposed 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.
The Coast Guard received an application to hold the annual Hudson
River Triathlon on the waters of the Hudson River, Ulster Landing, NY,
in the vicinity of Barrytown, NY. With this application, the event
sponsor requested that the event be permitted to take place on Sunday,
July 15, 2012 rather than the usual first weekend following July 4th.
The deviation from the permanent regulation was requested to avoid
unsafe tide and current conditions expected to occur on the Sunday
after July 4, 2012.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone on the
waters of the Hudson River in the vicinity of Ulster Landing, NY for
the 16th Annual Hudson Valley Triathlon swim event. This temporary rule
will restrict vessels from a portion of the Hudson River during the
swim event on Sunday, July 15, 2012.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation may have some impact on the public, the potential impact
will be minimized for the following reasons. Vessels will only be
restricted from the safety zone for a short duration of time. Before
activating the zone, we will notify mariners by appropriate means
including but not limited to Local Notice to Mariners and Broadcast
Notice to Mariners. Additionally, the Coast Guard promulgated a
permanent safety zone found in 33 CFR part 165 for the event area in
the past and no adverse comments or notice of any negative impact
caused by the safety zone were received.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
(1) This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit
[[Page 41050]]
or anchor in a portion of the Hudson River during the effective period.
(2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons.
This safety zone will be enforced for only 1 hour early in the day when
vessel traffic is low. Vessel traffic could pass safely around the
safety zone. Before activating the zone, we will notify mariners by
appropriate means including but not limited to Local Notice to Mariners
and Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
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 a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0537 to read as follows:
Sec. 165.T01-0537 Safety Zone; Hudson Valley Triathlon, Ulster
Landing, Hudson River, NY.
(a) Regulated Area. The following area is a regulated area: All
navigable waters of the Hudson River, Ulster Landing, NY in the
vicinity of Barrytown, NY bound by the following points:
42[deg]00'03.7'' N 073[deg]56'43.1'' W; thence to 41[deg]59'52.5'' N
073[deg]56'34.2'' W; thence to 42[deg]00'15.1'' N 073[deg]56'25.2'' W;
thence to 42[deg]00'05.4'' N 073[deg]56'41.9'' W; thence along the
shoreline to the point of the beginning. This area is approximately 1.2
nautical
[[Page 41051]]
miles north of the Kingston Rhinecliff Bridge.
(b) Effective Date. This rule is effective from 7:30 a.m. until
8:30 a.m. on July 15, 2012.
(c) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port Sector
New York (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) No vessels, except for event coordinators and support vessels,
will be allowed to transit the safety zone without the permission of
the COTP. Vessels not associated with the event that are permitted to
enter the regulated areas shall maintain a separation of at least 100
yards from the participants.
(3) All persons and vessels permitted by the COTP to enter the
safety zone shall comply with the instructions of the COTP or the
designated representative. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed. Failure to comply with a lawful
direction may result in expulsion from the regulated area, citation for
failure to comply, or both.
(4) Vessel operators desiring to enter or operate within the
regulated area 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.
(5) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, unless
authorized by COTP or the designated representative.
(6) 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.
Dated: June 27, 2012.
G.A. Loebl,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 2012-17003 Filed 7-11-12; 8:45 am]
BILLING CODE 9110-04-P
