Safety Zones; Fireworks and Swim Events in Captain of the Port New York Zone, 22911-22912 [2016-09024]

Download as PDF 22911 Rules and Regulations Federal Register Vol. 81, No. 75 Tuesday, April 19, 2016 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. Notice of enforcement of regulation. ACTION: DEPARTMENT OF HOMELAND SECURITY The Coast Guard will enforce various safety zones within the Captain of the Port New York Zone on the specified dates and times. This action is necessary to ensure the safety of vessels, participants and spectators from hazards associated with fireworks displays and swim events. During the enforcement period, no person or vessel may enter the safety zones without permission of the Captain of the Port (COTP). Coast Guard The Coast Guard will enforce the safety zones listed in 33 CFR 165.160 on the specified dates and times as indicated in Tables 1 and 2 below. This regulation was published in the Federal Register on November 9, 2011 (76 FR 69614). SUPPLEMENTARY INFORMATION: DATES: The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. The regulation for the safety zones described in 33 CFR 165.160 will be enforced on the dates and times listed in the table below. 33 CFR Part 165 [Docket No. USCG–2016–0207] If you have questions on this notice, call or email Petty Officer First Class Ronald Sampert U.S. Coast Guard; telephone 718–354–4197, email ronald.j.sampert@ uscg.mil. FOR FURTHER INFORMATION CONTACT: Safety Zones; Fireworks and Swim Events in Captain of the Port New York Zone AGENCY: SUMMARY: Coast Guard, DHS. TABLE 1 1. Schnider Party, Poughkeepsie, NY, Hudson River Safety Zone, 33 CFR 165.160(5.13). 2. The Battery, The Battery, Hudson River Safety Zone, 33 CFR 165.160(5.2). 3. N.E.C.O. Awards, Liberty Island Safety Zone, 33 CFR 165.160(2.1) 4. Town of North Hempstead Summer Kick Off, Bar Beach, Hempstead Harbor Safety Zone, 33 CFR 165.160(3.9). • Launch site: A barge located in approximate position 41°42′24.50″ N. 073°56′44.16″ W. (NAD 1983), approximately 420 yards north of the Mid Hudson Bridge. This Safety Zone is a 300-yard radius from the barge. • Date: March 25, 2016. • Time: 8:30 p.m.–10:20 p.m. • Launch site: A barge located in approximate position 40°42′00″ N. 074°01′17″ W. (NAD 1983) approximately 500 yards south of The Battery, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge. • Date: April 18, 2016. • Time: 8:45 p.m.–10:00 p.m. • Launch site: A barge located in approximate position 40°41′16.5″ N. 074°02′23″ W. (NAD 1983) located in Federal Anchorage 20–C, about 360 yards east of Liberty Island. This Safety Zone is a 360yard radius from the barge. • Date: May 7, 2016. • Time: 11:00 p.m.–12:10 a.m. • Launch site: A barge located in approximate position 40°49′50″ N. 073°39′12″ W. (NAD 1983), approximately 190 yards north of Bar Beach, Hempstead Harbor, New York. This Safety Zone is a 180yard radius from the barge. • Date: May 28, 2016. • Time: 9:00 p.m.–10:30 p.m. TABLE 2 jstallworth on DSK7TPTVN1PROD with RULES 1. Swim Across America Swim Event, 33 CFR 165.160(3.0) Date: July 30, 2016. 2. Newburgh Beacon Swim, Swim Event, 33 CFR 165.160(1.2) Date: August 6, 2016. VerDate Sep<11>2014 12:29 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 • Location: Participants will swim between Glen Cove and Larchmont, New York and an area of Hempstead Harbor between Glen Cove and the vicinity of Umbrella Point. This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. • Date: July 30, 2016. • Time: 5:30 a.m.–12:00 p.m. • Location: Participants will cross the Hudson River between Newburgh and Beacon, New York approximately 1300 yards south of the Newburgh-Beacon Bridges. This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 22912 Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Rules and Regulations TABLE 2—Continued • Date: August 6, 2016. • Time: 09:15 a.m.–1:15 p.m. Under the provisions of 33 CFR 165.160, vessels may not enter the safety zones unless given permission from the COTP or a designated representative. Spectator vessels may transit outside the safety zones but may not anchor, block, loiter in, or impede the transit of other vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 165.160(a) and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and marine information broadcasts. If the COTP determines that a safety zone need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the safety zone. Dated: March 18, 2016. M.H. Day, Captain, U.S. Coast Guard, Captain of the Port New York. BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0237] RIN 1625–AA11 Regulated Navigation Area; Columbia River, Kalama, WA Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a Regulated Navigation Area (RNA) covering the waters of the Columbia River between river miles 71 and 73, in the vicinity of the mouth of the Kalama River. This action is necessary to provide for the safety of the persons and vessels conducting salvage operations on the subject waters at the Port of Kalama in Kalama, WA. Specifically, this regulation implements a no-wake requirement for vessels operating in the RNA during those salvage operations. jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 12:29 Apr 18, 2016 Jkt 238001 I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code [FR Doc. 2016–09024 Filed 4–18–16; 8:45 am] ACTION: This rule is effective without actual notice from April 19, 2016 through April 30, 2016. For the purposes of enforcement, actual notice will be used from April 7, 2016 through April 19, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0237 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Kenneth Lawrenson, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503–240–9319, email msupdxwwm@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because to do so would be impracticable since the salvage operations are on-going and delaying promulgation of the regulation could result in injury or damage to the persons and vessels conducting those operations. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date until 30 days after publication would be PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 impracticable since the salvage operations are on-going and delaying promulgation of the regulation could result in injury or damage to the persons and vessels conducting those operations. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Columbia River (COTP) has determined that the wake created by vessels transiting the waters of the Columbia River, between river miles 71 and 73, creates a safety hazard for the persons, including divers, and vessels engaged in salvage operations involving the M/V SPARNA at the Port of Kalama in Kalama, WA. As such, this rule is necessary to ensure the safety of those persons, including divers, and vessels. IV. Discussion of the Rule The on-going salvage operations at the Port of Kalama, in Kalama, WA, involve underwater dive operations with support vessels. These operations are, by their nature, hazardous and sensitive to water movement. Wakes from passing vessels could pose significant risks of injury or death to the involved personnel and risks of damage to involved vessels. In order to mitigate the safety risks vessel wakes pose to these operations, it is necessary to control vessel movement through the area. The purpose of this regulation is to ensure the safety of waterway users for the duration of this salvage operation. In order to minimize such unexpected or uncontrolled movement of water, the RNA requires all vessels transiting this area to operate in such a manner as to create no wake. The RNA will encompass all waters of the Columbia River between river miles 71 and 73. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory E:\FR\FM\19APR1.SGM 19APR1

Agencies

[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Rules and Regulations]
[Pages 22911-22912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09024]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Rules 
and Regulations

[[Page 22911]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0207]


Safety Zones; Fireworks and Swim Events in Captain of the Port 
New York Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce various safety zones within the 
Captain of the Port New York Zone on the specified dates and times. 
This action is necessary to ensure the safety of vessels, participants 
and spectators from hazards associated with fireworks displays and swim 
events. During the enforcement period, no person or vessel may enter 
the safety zones without permission of the Captain of the Port (COTP).

DATES: The regulation for the safety zones described in 33 CFR 165.160 
will be enforced on the dates and times listed in the table below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Petty Officer First Class Ronald Sampert U.S. Coast 
Guard; telephone 718-354-4197, email ronald.j.sampert@uscg.mil.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety 
zones listed in 33 CFR 165.160 on the specified dates and times as 
indicated in Tables 1 and 2 below. This regulation was published in the 
Federal Register on November 9, 2011 (76 FR 69614).

                                 Table 1
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Schnider Party, Poughkeepsie, NY,      Launch site: A barge
 Hudson River Safety Zone, 33 CFR         located in approximate
 165.160(5.13).                           position 41[deg]42'24.50'' N.
                                          073[deg]56'44.16'' W. (NAD
                                          1983), approximately 420 yards
                                          north of the Mid Hudson
                                          Bridge. This Safety Zone is a
                                          300-yard radius from the
                                          barge.
                                          Date: March 25, 2016.
                                          Time: 8:30 p.m.-10:20
                                          p.m.
2. The Battery, The Battery, Hudson       Launch site: A barge
 River Safety Zone, 33 CFR 165.160(5.2).  located in approximate
                                          position 40[deg]42'00'' N.
                                          074[deg]01'17'' W. (NAD 1983)
                                          approximately 500 yards south
                                          of The Battery, Manhattan, New
                                          York. This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: April 18, 2016.
                                          Time: 8:45 p.m.-10:00
                                          p.m.
3. N.E.C.O. Awards, Liberty Island        Launch site: A barge
 Safety Zone, 33 CFR 165.160(2.1).        located in approximate
                                          position 40[deg]41'16.5'' N.
                                          074[deg]02'23'' W. (NAD 1983)
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island. This Safety
                                          Zone is a 360-yard radius from
                                          the barge.
                                          Date: May 7, 2016.
                                          Time: 11:00 p.m.-12:10
                                          a.m.
4. Town of North Hempstead Summer Kick    Launch site: A barge
 Off, Bar Beach, Hempstead Harbor         located in approximate
 Safety Zone, 33 CFR 165.160(3.9).        position 40[deg]49'50'' N.
                                          073[deg]39'12'' W. (NAD 1983),
                                          approximately 190 yards north
                                          of Bar Beach, Hempstead
                                          Harbor, New York. This Safety
                                          Zone is a 180-yard radius from
                                          the barge.
                                          Date: May 28, 2016.
                                          Time: 9:00 p.m.-10:30
                                          p.m.
------------------------------------------------------------------------


                                 Table 2
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Swim Across America Swim Event, 33     Location: Participants
 CFR 165.160(3.0) Date: July 30, 2016.    will swim between Glen Cove
                                          and Larchmont, New York and an
                                          area of Hempstead Harbor
                                          between Glen Cove and the
                                          vicinity of Umbrella Point.
                                          This Safety Zone includes all
                                          waters within a 100-yard
                                          radius of each participating
                                          swimmer.
                                          Date: July 30, 2016.
                                          Time: 5:30 a.m.-12:00
                                          p.m.
2. Newburgh Beacon Swim, Swim Event, 33   Location: Participants
 CFR 165.160(1.2) Date: August 6, 2016.   will cross the Hudson River
                                          between Newburgh and Beacon,
                                          New York approximately 1300
                                          yards south of the Newburgh-
                                          Beacon Bridges. This Safety
                                          Zone includes all waters
                                          within a 100-yard radius of
                                          each participating swimmer.

[[Page 22912]]

 
                                          Date: August 6, 2016.
                                          Time: 09:15 a.m.-1:15
                                          p.m.
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.160, vessels may not enter the 
safety zones unless given permission from the COTP or a designated 
representative. Spectator vessels may transit outside the safety zones 
but may not anchor, block, loiter in, or impede the transit of other 
vessels. The Coast Guard may be assisted by other Federal, State, or 
local law enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 165.160(a) and 5 
U.S.C. 552(a). In addition to this notice in the Federal Register, the 
Coast Guard will provide mariners with advanced notification of 
enforcement periods via the Local Notice to Mariners and marine 
information broadcasts. If the COTP determines that a safety zone need 
not be enforced for the full duration stated in this notice, a 
Broadcast Notice to Mariners may be used to grant general permission to 
enter the safety zone.

    Dated: March 18, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-09024 Filed 4-18-16; 8:45 am]
 BILLING CODE 9110-04-P