Safety Zone; Newburgh to Beacon Swim, Newburgh, Hudson River, NY, 41271-41273 [2012-17085]
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41271
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations
For plans with a valuation
date
Rate set
On or after
*
Before
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226
9–1–12
3. In appendix C to part 4022, Rate Set
226, as set forth below, is added to the
table.
■
For plans with a valuation
date
On or after
*
Before
BILLING CODE 7709–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0538]
RIN 1625–AA00
Safety Zone; Newburgh to Beacon
Swim, Newburgh, 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, NY in the vicinity of Newburgh,
NY for the annual Newburgh Beacon
Swim event. This temporary safety zone
is necessary to protect swimmers,
spectators and vessels from the hazards
associated with swimmers competing in
a swim across the 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.
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
This rule is effective from 9:30
a.m. until 11:30 a.m. on July 21, 2012.
DATES:
VerDate Mar<15>2010
16:29 Jul 12, 2012
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[FR Doc. 2012–17165 Filed 7–12–12; 8:45 am]
Jkt 226001
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Deferred annuities
(percent)
Immediate
annuity rate
(percent)
9–1–12
Issued in Washington, DC, on this 10th day
of July 2012.
Laricke Blanchard,
Deputy Director for Policy, Pension Benefit
Guaranty Corporation.
i3
Appendix C to Part 4022—Lump Sum
Interest Rates for Private-Sector
Payments
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1.00
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226
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8–1–12
Rate set
Deferred annuities
(percent)
Immediate
annuity rate
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1.00
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Documents mentioned in
this preamble are part of docket [USCG–
2012–0538]. 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:
ADDRESSES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
CFR Code of Federal Regulations
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
The Newburgh Beacon 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 last
weekend in July with a rain date as the
first weekend in August each year.
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8
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
delaying this event would be contrary to
the public interest.
The Newburgh Beacon Swim event
will occur this year on July 21, 2012. On
May 24, 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
last weekend in July (with a rain date as
the first weekend in August) to July 21,
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
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Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations
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 (e.g., the ‘‘Hudson River Day
Celebration’’) 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 this rule is 33
U.S.C. 1231; 46 U.S.C Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Public
Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1.
The Coast Guard received an
application to hold the annual
Newburgh Beacon Swim on the waters
of the Hudson River in the vicinity of
Newburgh, NY. With this application,
the event sponsor requested that the
event be permitted to take place on
Saturday, July 21, 2012 rather than the
usual last weekend in July. The
deviation from the permanent regulation
was requested to avoid unsafe tide and
current conditions expected to occur
during the last weekend in July and to
have the event in conjunction with the
‘‘Hudson River Day Celebration.’’
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
Newburgh, NY for the annual Newburgh
Beacon Swim event. This temporary
rule will restrict vessels from a portion
of the Hudson River during the swim
event on Saturday, July 21, 2012.
tkelley on DSK3SPTVN1PROD with RULES
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
VerDate Mar<15>2010
16:29 Jul 12, 2012
Jkt 226001
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
We expect the economic impact of
this rule to be very minimal. 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
or anchor in a portion of the Hudson
River during the effective period.
(2) This safety zone will 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 2 hours. Vessel
traffic can pass safely through the safety
zone with permission from the COTP or
a designated representative. 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
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Fmt 4700
Sfmt 4700
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations
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.
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
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.
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
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.
tkelley on DSK3SPTVN1PROD with RULES
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
VerDate Mar<15>2010
16:29 Jul 12, 2012
Jkt 226001
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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0538 to read as
follows:
■
§ 165.T01–0538 Safety Zone; Newburgh
Beacon Swim, Newburgh, Hudson River,
NY.
(a) Regulated Area. The following area
is a regulated area: All navigable waters
of the Hudson River, NY in the vicinity
of Newburgh, NY bound by the
following points: 41°30′33.67″ N
073°0′20.09″ W; thence to 41°30′29.17″
N 073°59′06.89″ W; thence to
41°30′11.53″ N 073°59′14.83″ W; thence
to 41°30′15.15″ N 073°0′17.80″ W;
thence north along the shoreline to the
point of the beginning. This area is
approximately 1500 yards south of the
Newburgh-Beacon Bridges.
(b) Effective Date. This rule is
effective from 9:30 a.m. until 11:30 a.m.
on July 21, 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.
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41273
(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 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. 2012–17085 Filed 7–12–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 0
RIN 2900–AO33
Core Values and Characteristics of the
Department
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document amends the
Department of Veterans Affairs’ (VA)
regulations concerning the standards of
ethical conduct and related
responsibilities of its employees by
adding a new subpart for VA’s Core
Values and Characteristics. These
SUMMARY:
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Agencies
[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41271-41273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17085]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0538]
RIN 1625-AA00
Safety Zone; Newburgh to Beacon Swim, Newburgh, Hudson River, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Hudson River, NY in the vicinity of Newburgh,
NY for the annual Newburgh Beacon Swim event. This temporary safety
zone is necessary to protect swimmers, spectators and vessels from the
hazards associated with swimmers competing in a swim across the 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 9:30 a.m. until 11:30 a.m. on July
21, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0538]. 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
CFR Code of Federal Regulations
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
The Newburgh Beacon 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 last weekend in July with a rain date
as the first weekend in August each year.
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because delaying this event would be contrary
to the public interest.
The Newburgh Beacon Swim event will occur this year on July 21,
2012. On May 24, 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 last weekend in July (with a rain date as
the first weekend in August) to July 21, 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
[[Page 41272]]
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 (e.g., the ``Hudson River Day
Celebration'') 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 this rule is 33 U.S.C. 1231; 46 U.S.C Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The Coast Guard received an application to hold the annual Newburgh
Beacon Swim on the waters of the Hudson River in the vicinity of
Newburgh, NY. With this application, the event sponsor requested that
the event be permitted to take place on Saturday, July 21, 2012 rather
than the usual last weekend in July. The deviation from the permanent
regulation was requested to avoid unsafe tide and current conditions
expected to occur during the last weekend in July and to have the event
in conjunction with the ``Hudson River Day Celebration.''
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 Newburgh, NY for the
annual Newburgh Beacon Swim event. This temporary rule will restrict
vessels from a portion of the Hudson River during the swim event on
Saturday, July 21, 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 rule to be very minimal.
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 or anchor in a portion of the Hudson River during the
effective period.
(2) This safety zone will 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 2 hours. Vessel traffic can pass
safely through the safety zone with permission from the COTP or a
designated representative. 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
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
[[Page 41273]]
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; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T01-0538 to read as follows:
Sec. 165.T01-0538 Safety Zone; Newburgh Beacon Swim, Newburgh, Hudson
River, NY.
(a) Regulated Area. The following area is a regulated area: All
navigable waters of the Hudson River, NY in the vicinity of Newburgh,
NY bound by the following points: 41[deg]30'33.67'' N 073[deg]0'20.09''
W; thence to 41[deg]30'29.17'' N 073[deg]59'06.89'' W; thence to
41[deg]30'11.53'' N 073[deg]59'14.83'' W; thence to 41[deg]30'15.15'' N
073[deg]0'17.80'' W; thence north along the shoreline to the point of
the beginning. This area is approximately 1500 yards south of the
Newburgh-Beacon Bridges.
(b) Effective Date. This rule is effective from 9:30 a.m. until
11:30 a.m. on July 21, 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 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. 2012-17085 Filed 7-12-12; 8:45 am]
BILLING CODE 9110-04-P