Special Local Regulation; L'HERMIONE Parade, Upper New York Bay and Lower Hudson River, New York, NY, 38397-38400 [2015-16506]
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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations
No.
Date
Event
Sponsor
38397
Location
(a.) Coast Guard Sector Delaware Bay—COTP Zone
15 .......
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July 9th10th ........
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New Jersey Offshore
Grand Prix.
*
Dated: June 30, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2015–16504 Filed 7–2–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2015–0457]
RIN 1625–AA08
Special Local Regulation;
L’HERMIONE Parade, Upper New York
Bay and Lower Hudson River, New
York, NY
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a Special Local Regulation
on the navigable waters of the Upper
New York Bay and Lower Hudson River,
NY for the tall ship L’HERMIONE boat
parade. This Special Local Regulation
allows the Coast Guard to enforce
restrictions on all vessel traffic through
the Special Local Regulation during the
L’HERMIONE boat parade, both planned
and unforeseen, that could pose an
imminent hazard to persons and vessels
operating in the area. This rule is
necessary to provide for the safety of life
on the navigable waters during the
parade of ships. The Coast Guard is
issuing this temporary rule due to the
exigent circumstances and invites
comments to modify or amend the rule,
as necessary.
DATES: This rule is effective and will be
enforced from 6 a.m. to 3 p.m. on July
4, 2015.
Comments and related material may
be received by the Coast Guard
throughout the effective period.
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SUMMARY:
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Offshore Performance
Assn. & New Jersey Offshore Racing Assn.
The waters of the Manasquan River from the New York and Long
Branch Railroad Bridge to Manasquan Inlet, together- with all of
the navigable waters of the United States from Asbury Park,
New Jersey, latitude 40°14′00″ N; southward to Seaside Park,
New Jersey latitude 39°55′00″ N, from the New Jersey shoreline seaward to the limits of the Territorial Sea. The race course
area extends from Asbury Park to Seaside Park from the
shoreline, seaward to a distance of 8.4 nautical miles.
Requests for public meetings must be
received by the Coast Guard on or before
July 27, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of Docket Number
USCG–2015–0457. 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.
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, contact
Lieutenant Douglas Neumann,
Waterways Management Division at
Coast Guard Sector New York,
telephone 718–354–4154 or email
DOUGLASW.NEUMANN@USCG.MIL. If
you have questions on viewing or
submitting material to the docket, call
Ms. Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
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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 in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on ‘‘Submit
a Comment’’ on the line associated with
this proposed 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
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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations
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–2015–0457) 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).
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4. Public Meeting
We currently do not plan to hold a
public meeting. You may, however,
submit a request for one, 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 in 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
The Coast Guard is issuing this
temporary interim rule without prior
notice through an NPRM 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 an
NPRM with respect to this rule because
the event sponsors were late in
submitting the marine event
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application. The Coast Guard will,
however, consider comments in issuing
a subsequent temporary interim rule or
temporary final rule.
This late submission did not give the
Coast Guard enough time to publish an
NPRM, take public comments, and issue
a final rule before the parade, since the
final submission was received on May
13, 2015. It would be impracticable and
contrary to the public interest to delay
promulgating this rule, as it is necessary
to protect the safety of waterway users.
At any time, the Coast Guard may
publish an amended rule if necessary to
address public concerns.
For the same reasons mentioned
above, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register.
C. Basis and Purpose
Under the Ports and Waterways Safety
Act, 33 U.S.C. 1231, 1233; 50 U.S.C.
191; 33 CFR 1.05–1, 6.04–1, 6.04–6 and
160.5; Department of Homeland
Security Delegation No. 0170.1, the
Coast Guard has the authority to
establish Special Local Regulations in
defined water areas that are determined
to have hazardous conditions and in
which vessel traffic can be regulated in
the interest of safety.
This rule is prompted by the
navigation safety situation created by
highly concentrated boat parade through
a highly-trafficked harbor.
The purpose of this rulemaking is to
provide for safety on the navigable
waters in the regulated area during the
parade.
D. Discussion of the Interim Rule
The Coast Guard is establishing a
Special Local Regulation on the
navigable waters of the Upper New York
Bay and Lower Hudson River. This
Special Local Regulation allows the
Coast Guard to enforce restrictions on
all vessel traffic through the parade
route during the L’HERMIONE Parade,
both planned and unforeseen, that could
pose an imminent hazard to persons and
vessels operating in the area. All vessels
participating in the parade must
proceed at five knots and display a flag
that is blue in color. Parade vessels are
required to be power driven. Sailing
vessels may hoist sails, but are required
to be power driven. All vessels must
have the ability to communicate of VHF
Frequency channel 8. Parade vessels
must keep a distance of 50 yards from
the L’HERMIONE at all times, unless
authorized by the COTP or a designated
representative. All vessels not
participating in the parade but viewing
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the parade must keep a distance of 250
yards from the parade participants and
not interfere with marine traffic.
Human-powered vessels, such as kayaks
and canoes, will not be considered
participants in the parade, nor will they
be allowed to enter the formation of the
parade.
E. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and 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.
The Coast Guard determined that this
rulemaking will not be a significant
regulatory action for the following
reasons: vessel traffic will only be
restricted for limited durations and the
Special Local Regulation covers only a
small portion of the navigable
waterway. Advanced public
notifications will also be made to local
mariners through appropriate means,
which could include, but would not be
limited to, Local Notice to Mariners and
Broadcast Notice to Mariners.
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. This rule will
affect the following entities, some of
which may be small entities: the owners
or operators of vessels intending to enter
or transit within the parade route during
a vessel restriction period.
The Special Local Regulation would
not have a significant economic impact
on a substantial number of small entities
for the following reasons: the Special
Local Regulation would be of limited
size and any waterway closure of short
duration. Additionally before the
effective period of a waterway closure,
advanced public notifications will be
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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations
made to local mariners through
appropriate means, which could
include, but would not be limited to,
Local Notice to Mariners and Broadcast
Notice to Mariners.
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 (Public Law 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.).
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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.
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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 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 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 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 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 rule is not a ‘‘significant energy
action’’ under Executive Order 13211,
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38399
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866 and is not likely
to have a significant adverse effect on
the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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
restricting vessel movement within an
area. This rule is categorically excluded
from further review under paragraph
34(h) 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 100
Safety of life in the regatta or marine
parade area.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T01–0457 to read as
follows:
■
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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations
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§ 100.35T01–0457 Special Local
Regulation; L’HERMIONE Parade, Upper
New York Bay and Lower Hudson River,
New York, NY
(a) Location. The following area is a
Special Local Regulation: All navigable
waters, from the Verrazano Bridge North
to the East side of the Statue of Liberty
and north to Pier 92 on the Hudson
River.
(b) Regulations. (1) The provisions of
the general regulations for regulated
navigation areas contained in 33 CFR
165.11 and 165.13 apply to the parade
route specified in this Special Local
Regulation.
(2) In accordance with the general
regulations, entry into or movement
within this zone, during periods of
enforcement, is prohibited unless
authorized by the COTP Sector New
York or a designated representative.
(3) Persons and vessels may request
permission to enter the parade route by
contacting the COTP or one of the
COTP’s on-scene representatives on
VHF–16 or via phone at 718–354–4353.
(4) During periods of enforcement, all
vessels participating in the parade must
proceed at five knots or at such speed
dictated by the event organizers. Vessels
participating in the parade must display
a flag that is blue in color and are
required to be power driven. Sailing
vessels may hoist sails, but are required
to be power driven and must maneuver
as power driven vessels. All vessels
must have the ability to communicate
on VHF Frequency channel 8. Vessels
must keep a distance of 50 yards from
the L’HERMIONE at all times unless
authorized by the COTP or a designated
representative. All vessels not
participating in the parade but viewing
the parade must keep a distance of 250
yards from the parade participants and
not interfere with marine traffic. Human
power vessels, such as kayaks and
canoes will not be considered
participants in the parade, nor will they
be allowed to enter the formation of the
parade.
(5) Vessels must comply with all
directions given to them by the COTP or
one of the COTP’s on-scene
representatives. The ‘‘on-scene
representative’’ of the COTP is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the COTP to act on the COTP’s
behalf. An on-scene representative may
be on a Coast Guard vessel, private
vessel, or may be on shore and
communicating with vessels via VHF–
FM radio or loudhailer. Members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
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(6) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(7) All other relevant regulations,
including but not limited to the Rules of
the Road (33 CFR 84—Subchapter E,
Inland Navigational Rules) remain in
effect within the regulated area and
must be strictly followed at all times.
(c) Enforcement period. This
regulation is enforceable from 6 a.m. on
July 4, 2015 until 3 p.m. on July 4, 2015.
(1) Prior to commencing or
suspending enforcement of this
regulation, the COTP will give notice by
appropriate means to inform the
affected segments of the public, to
include dates and times. Such means of
notification will include constructive
notice by publication in the Federal
Register, actual notice, as well as
Broadcast Notice to Mariners and Local
Notice to Mariners.
(2) Violations of this Special Local
Regulation may be reported to the COTP
at 718–354–4353 or on VHF-Channel 16.
Dated: June 8, 2015.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2015–16506 Filed 7–2–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0075; FRL–9929–73–
Region 5]
Approval of Air Quality Implementation
Plans; Sheboygan County, Wisconsin
8-Hour Ozone Nonattainment Area;
Reasonable Further Progress Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving an Early
Progress Plan and motor vehicle
emissions budgets (MVEBs) for volatile
organic compounds (VOCs) and oxides
of nitrogen (NOX) for Sheboygan
County, Wisconsin. Wisconsin
submitted an Early Progress Plan for
Sheboygan County on January 16, 2015.
This submittal was developed to
establish MVEBs for the Sheboygan 8hour ozone nonattainment area. This
approval of the Early Progress Plan for
the Sheboygan 8-hour ozone area is
based on EPA’s determination that
Wisconsin has demonstrated that the
State Implementation Plan (SIP)
SUMMARY:
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revision containing these MVEBs, when
considered with the emissions from all
sources, shows some progress toward
attainment from the 2011 base year
through a 2015 target year.
DATES: This direct final rule will be
effective September 4, 2015, unless EPA
receives adverse comments by August 5,
2015. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0075, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2015–
0075. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
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]]>Agencies
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Rules and Regulations]
[Pages 38397-38400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16506]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2015-0457]
RIN 1625-AA08
Special Local Regulation; L'HERMIONE Parade, Upper New York Bay
and Lower Hudson River, New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a Special Local Regulation on
the navigable waters of the Upper New York Bay and Lower Hudson River,
NY for the tall ship L'HERMIONE boat parade. This Special Local
Regulation allows the Coast Guard to enforce restrictions on all vessel
traffic through the Special Local Regulation during the L'HERMIONE boat
parade, both planned and unforeseen, that could pose an imminent hazard
to persons and vessels operating in the area. This rule is necessary to
provide for the safety of life on the navigable waters during the
parade of ships. The Coast Guard is issuing this temporary rule due to
the exigent circumstances and invites comments to modify or amend the
rule, as necessary.
DATES: This rule is effective and will be enforced from 6 a.m. to 3
p.m. on July 4, 2015.
Comments and related material may be received by the Coast Guard
throughout the effective period.
Requests for public meetings must be received by the Coast Guard on
or before July 27, 2015.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2015-0457. 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.
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,
contact Lieutenant Douglas Neumann, Waterways Management Division at
Coast Guard Sector New York, telephone 718-354-4154 or email
DOUGLASW.NEUMANN@USCG.MIL. If you have questions on viewing or
submitting material to the docket, call Ms. Cheryl Collins, 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 in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this proposed
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
[[Page 38398]]
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-2015-0457) 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 currently do not plan to hold a public meeting. You may,
however, submit a request for one, 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 in 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
The Coast Guard is issuing this temporary interim rule without
prior notice through an NPRM 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 an NPRM with respect to this rule
because the event sponsors were late in submitting the marine event
application. The Coast Guard will, however, consider comments in
issuing a subsequent temporary interim rule or temporary final rule.
This late submission did not give the Coast Guard enough time to
publish an NPRM, take public comments, and issue a final rule before
the parade, since the final submission was received on May 13, 2015. It
would be impracticable and contrary to the public interest to delay
promulgating this rule, as it is necessary to protect the safety of
waterway users. At any time, the Coast Guard may publish an amended
rule if necessary to address public concerns.
For the same reasons mentioned above, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
C. Basis and Purpose
Under the Ports and Waterways Safety Act, 33 U.S.C. 1231, 1233; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Department of
Homeland Security Delegation No. 0170.1, the Coast Guard has the
authority to establish Special Local Regulations in defined water areas
that are determined to have hazardous conditions and in which vessel
traffic can be regulated in the interest of safety.
This rule is prompted by the navigation safety situation created by
highly concentrated boat parade through a highly-trafficked harbor.
The purpose of this rulemaking is to provide for safety on the
navigable waters in the regulated area during the parade.
D. Discussion of the Interim Rule
The Coast Guard is establishing a Special Local Regulation on the
navigable waters of the Upper New York Bay and Lower Hudson River. This
Special Local Regulation allows the Coast Guard to enforce restrictions
on all vessel traffic through the parade route during the L'HERMIONE
Parade, both planned and unforeseen, that could pose an imminent hazard
to persons and vessels operating in the area. All vessels participating
in the parade must proceed at five knots and display a flag that is
blue in color. Parade vessels are required to be power driven. Sailing
vessels may hoist sails, but are required to be power driven. All
vessels must have the ability to communicate of VHF Frequency channel
8. Parade vessels must keep a distance of 50 yards from the L'HERMIONE
at all times, unless authorized by the COTP or a designated
representative. All vessels not participating in the parade but viewing
the parade must keep a distance of 250 yards from the parade
participants and not interfere with marine traffic. Human-powered
vessels, such as kayaks and canoes, will not be considered participants
in the parade, nor will they be allowed to enter the formation of the
parade.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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.
The Coast Guard determined that this rulemaking will not be a
significant regulatory action for the following reasons: vessel traffic
will only be restricted for limited durations and the Special Local
Regulation covers only a small portion of the navigable waterway.
Advanced public notifications will also be made to local mariners
through appropriate means, which could include, but would not be
limited to, Local Notice to Mariners and Broadcast Notice to Mariners.
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.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to enter
or transit within the parade route during a vessel restriction period.
The Special Local Regulation would not have a significant economic
impact on a substantial number of small entities for the following
reasons: the Special Local Regulation would be of limited size and any
waterway closure of short duration. Additionally before the effective
period of a waterway closure, advanced public notifications will be
[[Page 38399]]
made to local mariners through appropriate means, which could include,
but would not be limited to, Local Notice to Mariners and Broadcast
Notice to Mariners.
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 (Public Law 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 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 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 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 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 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 rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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 restricting vessel movement within an
area. This rule is categorically excluded from further review under
paragraph 34(h) 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 100
Safety of life in the regatta or marine parade area.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for Part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35T01-0457 to read as follows:
[[Page 38400]]
Sec. 100.35T01-0457 Special Local Regulation; L'HERMIONE Parade,
Upper New York Bay and Lower Hudson River, New York, NY
(a) Location. The following area is a Special Local Regulation: All
navigable waters, from the Verrazano Bridge North to the East side of
the Statue of Liberty and north to Pier 92 on the Hudson River.
(b) Regulations. (1) The provisions of the general regulations for
regulated navigation areas contained in 33 CFR 165.11 and 165.13 apply
to the parade route specified in this Special Local Regulation.
(2) In accordance with the general regulations, entry into or
movement within this zone, during periods of enforcement, is prohibited
unless authorized by the COTP Sector New York or a designated
representative.
(3) Persons and vessels may request permission to enter the parade
route by contacting the COTP or one of the COTP's on-scene
representatives on VHF-16 or via phone at 718-354-4353.
(4) During periods of enforcement, all vessels participating in the
parade must proceed at five knots or at such speed dictated by the
event organizers. Vessels participating in the parade must display a
flag that is blue in color and are required to be power driven. Sailing
vessels may hoist sails, but are required to be power driven and must
maneuver as power driven vessels. All vessels must have the ability to
communicate on VHF Frequency channel 8. Vessels must keep a distance of
50 yards from the L'HERMIONE at all times unless authorized by the COTP
or a designated representative. All vessels not participating in the
parade but viewing the parade must keep a distance of 250 yards from
the parade participants and not interfere with marine traffic. Human
power vessels, such as kayaks and canoes will not be considered
participants in the parade, nor will they be allowed to enter the
formation of the parade.
(5) Vessels must comply with all directions given to them by the
COTP or one of the COTP's on-scene representatives. The ``on-scene
representative'' of the COTP is any Coast Guard commissioned, warrant
or petty officer who has been designated by the COTP to act on the
COTP's behalf. An on-scene representative may be on a Coast Guard
vessel, private vessel, or may be on shore and communicating with
vessels via VHF-FM radio or loudhailer. Members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
(6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
(7) All other relevant regulations, including but not limited to
the Rules of the Road (33 CFR 84--Subchapter E, Inland Navigational
Rules) remain in effect within the regulated area and must be strictly
followed at all times.
(c) Enforcement period. This regulation is enforceable from 6 a.m.
on July 4, 2015 until 3 p.m. on July 4, 2015.
(1) Prior to commencing or suspending enforcement of this
regulation, the COTP will give notice by appropriate means to inform
the affected segments of the public, to include dates and times. Such
means of notification will include constructive notice by publication
in the Federal Register, actual notice, as well as Broadcast Notice to
Mariners and Local Notice to Mariners.
(2) Violations of this Special Local Regulation may be reported to
the COTP at 718-354-4353 or on VHF-Channel 16.
Dated: June 8, 2015.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-16506 Filed 7-2-15; 8:45 am]
BILLING CODE 9110-04-P
