Safety Zones; 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, 20559-20563 [2013-07909]
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search results and use the filters on the
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DC 20590, between 9:00 a.m. and 5:00
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We encourage you to participate by
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meeting or in writing. If you bring
written comments to the meeting, you
may submit them to Coast Guard
personnel specified at the meeting to
receive written comments. These
comments will be submitted to our
online public docket. All comments
received will be posted without change
to https://www.regulations.gov and will
include any personal information you
have provided.
Anyone can search the electronic
form of comments received into any of
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individual submitting the comment (or
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behalf of an association, business, labor
union, or other entity). You may review
a Privacy Act notice regarding our
public dockets in the January 17, 2008,
issue of the Federal Register (73 FR
3316).
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Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact LCDR Gregory
Callaghan at the telephone number or
email address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Public Meeting
The Coast Guard will hold a public
meeting regarding the ‘‘Transportation
Worker Identification Credential
(TWIC)—Reader Requirements’’ NPRM
(78 FR 17781) on Thursday, May 2, 2013
from 1:00 p.m. to 5:00 p.m., at the
Seattle Airport Marriott, 3201 South
176th Street, Seattle, Washington 98188.
The building is accessible by taxi,
public transit, and privately-owned
conveyance. Please note that the session
may adjourn early if all business,
concerns, and questions are addressed.
We will post a written summary of the
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meeting and oral comments in the
docket.
Authority
This notice is issued under the
authority of 46 U.S.C. 70105(k)(3) and 5
U.S.C. 552(a).
Dated: April 1, 2013.
A.E. Tucci,
Captain, U.S. Coast Guard, Chief, Office of
Port and Facility Compliance (CG–FAC).
[FR Doc. 2013–07910 Filed 4–4–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
20559
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade
Kristopher Kesting, Coast Guard;
telephone (718)354–4154, email
Kristopher.R.Kesting@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
33 CFR Part 165
Table of Acronyms
[Docket No. USCG–2013–0026]
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RIN 1625–AA00
Safety Zones; Swim Events in the
Captain of the Port New York Zone;
Hudson River, East River, Upper New
York Bay, Lower New York Bay; New
York, NY
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish five temporary safety zones for
swim events within the Captain of the
Port (COTP) New York Zone. These
proposed zones will be established on
the navigable waters of the Hudson
River, East River, Upper New York Bay,
and Lower New York Bay. These
temporary safety zones are necessary to
protect the maritime public and event
participants from the hazards associated
with these events. Persons and vessels
are prohibited from entering into,
transiting through, mooring, or
anchoring within the safety zones
unless authorized by the COTP New
York or the designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 4, 2013.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
SUMMARY:
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2013–0026) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
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Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2013–0026) 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before April 12, 2013 using
one of the methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
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B. Regulatory History and Information
In previous years, the Coast Guard has
established special local regulations,
regulated areas, and safety zones on a
case-by-case basis to ensure the
protection of the maritime public and
event participants from hazards
associated with these events. The Coast
Guard has not received public
comments or concerns regarding the
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impact to waterway traffic from these
events.
C. Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C. 1266, 1231, 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Public Law 107–295, 116 Stat.
2064; and Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define regulatory safety zones.
Marine events are frequently held on
the navigable waters within the COTP
Sector New York Zone. The COTP has
determined that swimming events in
close proximity to marine traffic pose
significant risk to public safety and
property. The combination of increased
numbers of recreation vessels, congested
waterways, and large numbers of
swimmers in the water has the potential
to result in serious injuries or fatalities.
In order to protect the safety of all
waterway users including event
participants and spectators, this
temporary rule establishes temporary
safety zones for the duration of the
events.
This rule prevents vessels from
entering into, transiting through, and
mooring or anchoring within the areas
specifically designated as the regulated
areas during the periods of enforcement
unless authorized by the COTP, or the
designated representative.
D. Discussion of Proposed Rule
This temporary rule creates safety
zones for five swim events on the
navigable waters of the Hudson River,
East River, Upper New York Bay and
Lower New York Bay. A portion of the
navigable waters will be closed during
the effective periods to all vessel traffic
except local, state or Coast Guard patrol
crafts. The events and locations are as
follows:
(1) Hudson Valley Triathlon: Waters
of the Hudson River in the vicinity of
Ulster Landing, NY.
(2) Coney Island to New Dorp Beach
Swim: Waters of the Lower New York
Bay spanning from Rockaway Point,
Coney Island to New Dorp Beach, Staten
Island.
(3) Brooklyn Bridge Swim: Waters of
the East River in the vicinity of
Brooklyn Bridge Park, Brooklyn, NY and
East River Park, New York, NY.
(4) The Liberty to Freedom Swim:
Waters of the Upper New York Bay,
from Liberty Island, NJ to North Cove,
New York, NY.
(5) Ederle Swim: Waters of the
Hudson River between North Cove
Marina, New York, NY and Sandy Hook,
NJ.
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The proposed regulation would
prevent vessels from transiting in close
proximity to swimmers in areas
designated as safety zones during the
periods of enforcement to ensure
protection of the maritime public and
event participants from hazards
associated with the listed swim events.
Event sponsors, designated
participants, and official patrol vessels
will be allowed to enter the regulated
areas. Spectators and other vessels not
registered as event participants will not
be permitted to enter the safety zones
without permission of the COTP or the
designated representative. Marine traffic
will be permitted to pass through safety
zones at a safe distance from event
participants with permission of the
COTP or the designated representative.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, 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.
These safety zones will be of limited
duration, and vessels may transit in
portions of the affected waterway.
Furthermore, vessels may be authorized
to transit these zones with the
permission of the COTP New York or
the designated representative.
Notifications will be made to the local
maritime community through the Local
Notice to Mariners and Broadcast Notice
to Mariners well in advance of the
events. No new or additional
restrictions would be imposed on vessel
traffic.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
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
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entities: The owners and operators of
vessels intending to transit, fish or
anchor in the designated safety zones
during the enforcement period of the
swim events.
The safety zones will not have
significant economic impact on a
substantial number of small entities for
the following reasons: Vessels will only
be restricted from safety zone areas for
a short duration of time; vessels may
transit in portions of the affected
waterway at a safe distance from event
participants with permission of the
COTP or the designated representative;
the Coast Guard has promulgated safety
zones in accordance with 33 CFR part
165 for all event areas in the past and
has not received notice of any negative
impact caused by any of the safety
zones; and notifications will be made to
the local maritime community through
the Local Notice to Mariners and
Broadcast Notice to Mariners well in
advance of the events.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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4. Collection of Information
This proposed 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 proposed rule under that
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Order and determined that this rule
does not have implications for
federalism.
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
6. Protest Activities
12. Energy Effects
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.
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves the establishment of five
temporary safety zones for swim events.
This proposed rule may be categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A preliminary
environmental analysis checklist
supporting this determination is
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
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1,
which authorizes the Coast Guard to define
Safety Zone Regulations.
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2. Add § 165.T01–0026 to read as
follows:
■
§ 165.T01–0026 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 to 165.T01–0026. 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 in the
final rule. 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.T01–0026, 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.T01–0026
1
1.1
Hudson River
Hudson Valley Triathlon ...................................................................
• Date: July 14, 2013.
• Location site: All waters of the Hudson River in the vicinity of Ulster
Landing, 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 origin.
2
2.1
Lower New York Bay
Coney Island to New Dorp Beach Swim .........................................
3
3.1
• Date: October 14, and 27, 2013.
• Location: All waters of the Lower New York Bay spanning from
Rockaway Point, Coney Island to New Dorp Beach, Staten Island,
bound by the following points: 40°32′33.69″ N, 073°56′25.32″ W;
thence to 40°26′50.97″ N, 073°59′01.05″ W; thence to 40°28′52.26″
N, 074°0′21.97″ W; thence to 40°34′13.48″ N, 074°0′07.18″ W;
thence back to the point of origin.
East River, Upper New York Bay, Lower New York Bay
Brooklyn Bridge Swim ......................................................................
• Date: July 07, 2013.
• Rain Date: NA.
• 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.
4
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4.1
Upper New York Bay, Hudson River
Liberty to Freedom Swim .................................................................
• Date: September 08, 2013.
• 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′34.19N, 073°59′31.41″ W; thence back to point of origin.
5
Upper New York Bay, Hudson River [Reserved]
6
Upper New York Bay, Lower New York Bay
6.1
Ederle Swim .....................................................................................
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• Date: August 18, 19 and 22, 2013.
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20563
TABLE 1 TO § 165.T01–0026—Continued
• 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.
Dated: March 2, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2013–07909 Filed 4–4–13; 8:45 am]
BILLING CODE 9110–04–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1280
RIN 3095–AB77
Use of Meeting Rooms and Public
Spaces
National Archives and Records
Administration (NARA).
ACTION: Proposed rule.
AGENCY:
NARA proposes to amend its
regulations on the public use of NARA
facilities in the Washington, DC area.
The regulations are being revised to
clarify instances where fees may be
charged for services related to building
use. It also updates contact information
for requesting use of NARA public areas
in the Washington, DC National
Archives Building and the National
Archives at College Park.
DATES: Submit comments on or before
June 4, 2013.
ADDRESSES: NARA invites interested
persons to submit comments on this
proposed rule. Please include ‘‘Attn:
3095–AB77’’ and your name and
mailing address in your comments.
Comments may be submitted by any of
the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: Submit comments by facsimile
transmission to 301–837–0319.
• Mail: Send comments to
Regulations Comments Desk (SP), Room
4100, Strategy Division, National
Archives and Records Administration,
8601 Adelphi Road, College Park, MD
20740–6001.
• Hand Delivery or Courier: Deliver
comments to 8601 Adelphi Road,
College Park, MD.
FOR FURTHER INFORMATION CONTACT:
Marilyn Redman at 301–837–3174.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:26 Apr 04, 2013
Jkt 229001
NARA
proposes to amend its regulations on the
public use of NARA facilities in the
Washington, DC area. The regulations
are being revised to clarify instances
where fees may be charged for services
related to building use. It also updates
contact information for requesting use of
NARA public areas in the Washington,
DC National Archives Building and the
National Archives at College Park.
This proposed rule is not a significant
regulatory action for the purposes of
Executive Order 12866 and has been
reviewed by the Office of Management
and Budget (OMB). As required by the
Regulatory Flexibility Act, it is hereby
certified that this proposed rule will not
have a significant impact on a
substantial number of small entities.
This proposed rule does not have any
federalism implications.
SUPPLEMENTARY INFORMATION:
§ 1280.80 How do I request to use NARA
public areas in the National Archives
Building?
(a) Direct your request to use space to
Special Events (Partnerships Division),
National Archives and Records
Administration, 700 Pennsylvania
Avenue NW, Washington DC 20408; or
request by email to
specialevents@nara.gov.
*
*
*
*
*
■ 4. Revise § 1280.87 to read as follows:
§ 1280.87 Does NARA charge fees for the
use of public areas in the National Archives
at College Park?
■
NARA may charge a fee under 44
U.S.C. 2903(b) for the use of public
areas in the National Archives at College
Park. We inform organizations in
advance and in writing of the total
estimated cost of using the public areas.
Federal and quasi-Federal agencies,
State, local, and tribal governmental
institutions using public space for
official government functions pay fees
to the National Archives Trust Fund
only for the costs for room rental,
administrative fees, additional cleaning,
security, and other staff services NARA
provides.
■ 5. Amend § 1280.88 by revising
paragraph (a) to read as follows:
Authority: 44 U.S.C. 2102 notes, 2104(a),
2112, 2903.
§ 1280.88 How do I request to use NARA
public areas in the National Archives at
College Park?
List of Subjects in 36 CFR Part 1280
Archives and records.
For the reasons set forth in the
preamble, NARA proposes to amend
part 1280 of title 36, Code of Federal
Regulations, as follows:
PART 1280—USE OF NARA
FACILITIES
1. The authority citation for part 1280
continues to read as follows:
2. Amend § 1280.78 by revising
paragraph (c) to read as follows:
■
§ 1280.78 Does NARA charge fees for the
use of public areas in the National Archives
Building?
*
*
*
*
*
(c) Federal and quasi-Federal
agencies, State, local, and tribal
governmental institutions using public
space for official government functions
pay fees to the National Archives Trust
Fund only for the costs for room rental,
administrative fees, additional cleaning,
security, and other staff services NARA
provides.
■ 3. Amend § 1280.80 by revising
paragraph (a) to read as follows:
PO 00000
Frm 00068
Fmt 4702
Sfmt 9990
(a) Direct your request to use space to
Special Events (Partnerships Division),
National Archives and Records
Administration, 700 Pennsylvania
Avenue NW, Washington DC 20408; or
request by email to
specialevents@nara.gov.
*
*
*
*
*
Dated: March 28, 2013.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2013–08020 Filed 4–4–13; 8:45 am]
BILLING CODE 7515–01–P
E:\FR\FM\05APP1.SGM
05APP1
]]>Agencies
[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Proposed Rules]
[Pages 20559-20563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07909]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0026]
RIN 1625-AA00
Safety Zones; Swim Events in the Captain of the Port New York
Zone; Hudson River, East River, Upper New York Bay, Lower New York Bay;
New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish five temporary safety
zones for swim events within the Captain of the Port (COTP) New York
Zone. These proposed zones will be established on the navigable waters
of the Hudson River, East River, Upper New York Bay, and Lower New York
Bay. These temporary safety zones are necessary to protect the maritime
public and event participants from the hazards associated with these
events. Persons and vessels are prohibited from entering into,
transiting through, mooring, or anchoring within the safety zones
unless authorized by the COTP New York or the designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before June 4, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Kristopher Kesting, Coast Guard;
telephone (718)354-4154, email Kristopher.R.Kesting@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Barbara Hairston, Program Manager, Docket Operations, telephone (202)
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number (USCG-2013-0026) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a
[[Page 20560]]
Comment'' on the line associated with this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2013-0026) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before April 12, 2013 using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Regulatory History and Information
In previous years, the Coast Guard has established special local
regulations, regulated areas, and safety zones on a case-by-case basis
to ensure the protection of the maritime public and event participants
from hazards associated with these events. The Coast Guard has not
received public comments or concerns regarding the impact to waterway
traffic from these events.
C. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C. 1266, 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones.
Marine events are frequently held on the navigable waters within
the COTP Sector New York Zone. The COTP has determined that swimming
events in close proximity to marine traffic pose significant risk to
public safety and property. The combination of increased numbers of
recreation vessels, congested waterways, and large numbers of swimmers
in the water has the potential to result in serious injuries or
fatalities. In order to protect the safety of all waterway users
including event participants and spectators, this temporary rule
establishes temporary safety zones for the duration of the events.
This rule prevents vessels from entering into, transiting through,
and mooring or anchoring within the areas specifically designated as
the regulated areas during the periods of enforcement unless authorized
by the COTP, or the designated representative.
D. Discussion of Proposed Rule
This temporary rule creates safety zones for five swim events on
the navigable waters of the Hudson River, East River, Upper New York
Bay and Lower New York Bay. A portion of the navigable waters will be
closed during the effective periods to all vessel traffic except local,
state or Coast Guard patrol crafts. The events and locations are as
follows:
(1) Hudson Valley Triathlon: Waters of the Hudson River in the
vicinity of Ulster Landing, NY.
(2) Coney Island to New Dorp Beach Swim: Waters of the Lower New
York Bay spanning from Rockaway Point, Coney Island to New Dorp Beach,
Staten Island.
(3) Brooklyn Bridge Swim: Waters of the East River in the vicinity
of Brooklyn Bridge Park, Brooklyn, NY and East River Park, New York,
NY.
(4) The Liberty to Freedom Swim: Waters of the Upper New York Bay,
from Liberty Island, NJ to North Cove, New York, NY.
(5) Ederle Swim: Waters of the Hudson River between North Cove
Marina, New York, NY and Sandy Hook, NJ.
The proposed regulation would prevent vessels from transiting in
close proximity to swimmers in areas designated as safety zones during
the periods of enforcement to ensure protection of the maritime public
and event participants from hazards associated with the listed swim
events.
Event sponsors, designated participants, and official patrol
vessels will be allowed to enter the regulated areas. Spectators and
other vessels not registered as event participants will not be
permitted to enter the safety zones without permission of the COTP or
the designated representative. Marine traffic will be permitted to pass
through safety zones at a safe distance from event participants with
permission of the COTP or the designated representative.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, 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.
These safety zones will be of limited duration, and vessels may
transit in portions of the affected waterway. Furthermore, vessels may
be authorized to transit these zones with the permission of the COTP
New York or the designated representative.
Notifications will be made to the local maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners well in
advance of the events. No new or additional restrictions would be
imposed on vessel traffic.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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
[[Page 20561]]
entities: The owners and operators of vessels intending to transit,
fish or anchor in the designated safety zones during the enforcement
period of the swim events.
The safety zones will not have significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from safety zone areas for a short duration of
time; vessels may transit in portions of the affected waterway at a
safe distance from event participants with permission of the COTP or
the designated representative; the Coast Guard has promulgated safety
zones in accordance with 33 CFR part 165 for all event areas in the
past and has not received notice of any negative impact caused by any
of the safety zones; and notifications will be made to the local
maritime community through the Local Notice to Mariners and Broadcast
Notice to Mariners well in advance of the events.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves the establishment of five temporary safety zones for swim
events. This proposed rule may be categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination is 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 proposed
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
[[Page 20562]]
0
2. Add Sec. 165.T01-0026 to read as follows:
Sec. 165.T01-0026 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 to 165.T01-0026. 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 in
the final rule. 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.T01-0026,
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.T01-0026
------------------------------------------------------------------------
------------------------------------------------------------------------
1 Hudson River
------------------------------------------------------------------------
1.1 Hudson Valley Triathlon............ Date: July 14, 2013.
Location site: All
waters of the Hudson River in
the vicinity of Ulster
Landing, 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 origin.
------------------------------------------------------------------------
2 Lower New York Bay
------------------------------------------------------------------------
2.1 Coney Island to New Dorp Beach Swim Date: October 14, and
27, 2013.
Location: All waters
of the Lower New York Bay
spanning from Rockaway Point,
Coney Island to New Dorp
Beach, Staten Island, bound by
the following points:
40[deg]32'33.69'' N,
073[deg]56'25.32'' W; thence
to 40[deg]26'50.97'' N,
073[deg]59'01.05'' W; thence
to 40[deg]28'52.26'' N,
074[deg]0'21.97'' W; thence to
40[deg]34'13.48'' N,
074[deg]0'07.18'' W; thence
back to the point of origin.
------------------------------------------------------------------------
3 East River, Upper New York Bay,
Lower New York Bay
------------------------------------------------------------------------
3.1 Brooklyn Bridge Swim............... Date: July 07, 2013.
Rain Date: NA.
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.
------------------------------------------------------------------------
4 Upper New York Bay, Hudson
River
------------------------------------------------------------------------
4.1 Liberty to Freedom Swim............ Date: September 08,
2013.
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]42'34.19N,
073[deg]59'31.41'' W; thence
back to point of origin.
------------------------------------------------------------------------
5 Upper New York Bay, Hudson
River [Reserved]
------------------------------------------------------------------------
6 Upper New York Bay, Lower New
York Bay
------------------------------------------------------------------------
6.1 Ederle Swim........................ Date: August 18, 19
and 22, 2013.
[[Page 20563]]
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: March 2, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2013-07909 Filed 4-4-13; 8:45 am]
BILLING CODE 9110-04-P
