Safety Zone; Hudson River, Jersey City, NJ, Manhattan, NY, 26468-26470 [2016-10305]
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Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Rules and Regulations
commodity from the crop plant and
removing or trimming part of the raw
agricultural commodity (e.g., foliage,
husks, roots or stems). Examples of
harvesting also include cooling, field
coring, filtering, gathering, hulling,
shelling, sifting, threshing, trimming of
outer leaves of, and washing raw
agricultural commodities grown on a
farm.
*
*
*
*
*
Packing means placing food into a
container other than packaging the food
and also includes re-packing and
activities performed incidental to
packing or re-packing a food (e.g.,
activities performed for the safe or
effective packing or re-packing of that
food (such as sorting, culling, grading,
and weighing or conveying incidental to
packing or re-packing)), but does not
include activities that transform a raw
agricultural commodity into a processed
food as defined in section 201(gg) of the
Federal Food, Drug, and Cosmetic Act.
*
*
*
*
*
Small business means a farm that is
subject to any of the requirements of
this part and, on a rolling basis, the
average annual monetary value of
produce (as defined in this section) the
farm sold during the previous 3-year
period is no more than $500,000; and
the farm is not a very small business as
defined in this section.
*
*
*
*
*
Very small business means a farm that
is subject to any of the requirements of
this part and, on a rolling basis, the
average annual monetary value of
produce (as defined in this section) the
farm sold during the previous 3-year
period is no more than $250,000.
*
*
*
*
*
3. In § 112.55, revise paragraph (b) to
read as follows:
■
§ 112.55 What microbial standards apply
to the treatment processes in § 112.54?
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*
*
*
*
*
(b) Salmonella species are not
detected using a method that can detect
three MPN Salmonella species per 4
grams (or milliliter, if liquid is being
sampled) of total solids; and less than
1,000 MPN fecal coliforms per gram (or
milliliter, if liquid is being sampled) of
total solids.
Dated: April 21, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–09768 Filed 5–2–16; 8:45 am]
BILLING CODE 4164–01–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0109]
RIN 1625–AA00
Safety Zone; Hudson River, Jersey
City, NJ, Manhattan, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Hudson
River in the vicinity of Manhattan, NY,
and Jersey City, NJ for the Louis Vuitton
America’s Cup World Series New York
2016 regatta. This temporary safety zone
is necessary to protect all participating
and spectator vessels from the hazards
associated with regattas in high traffic
areas. This rule is intended to restrict all
vessels from a portion of the Hudson
River during the event.
DATES: This rule is effective from 11:30
a.m. on Friday, May 6, 2016 through
5:00 p.m. on Sunday, May 8, 2016. This
rule will be enforced between 11:30 a.m.
to 5:00 p.m. from Friday, May 6, 2016
through Sunday, May 8, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0109 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 about this proposed
rulemaking, call or email LTJG
Christopher Dunn, Sector New York
Waterways Management Division, U.S.
Coast Guard; telephone 718–354–4012,
email christopher.e.dunn@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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
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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 doing
so would be impracticable and contrary
to the public interest. The event sponsor
was late in submitting the marine event
application. This late submission did
not give the Coast Guard enough time to
publish an NPRM and solicit comments
from the public before establishing a
safety zone. The nature of the Louis
Vuitton America’s Cup World Series
New York 2016 requires the immediate
establishment of a safety zone.
Publishing an NPRM and delaying the
effective date of this rule to await public
comment inhibits the Coast Guard’s
ability to fulfill its statutory mission to
protect ports, waterways, and the
maritime public. 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. The rule must become
effective on the date specified in order
to provide for the safety of spectators
and vessels operating in the area near
this event. Delaying the effective date of
this rule would be contrary to the public
interest and would expose spectators
and vessels to the hazards associated
with the regattas. The sponsor advised
that any change to the date of the event
would cause economic hardship on the
event sponsor, negatively impacting
other activities being held in
conjunction with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority in 33 U.S.C. 1231.
The Louis Vuitton America’s Cup World
Series 2016, is planned to take place
over a 3 day period between the dates
of May 6–8, 2016, on the Hudson River
in the vicinity of Manhattan, NY. The
Series is composed of daily racing of
high-speed, high-performance sailing
vessels. The racing of these vessels on
the Hudson River along Manhattan, NY
is expected to generate national and
international media coverage, and
attract spectators on a number of
recreational vessels and excursion
vessels.
The Coast Guard is proposing
establishing this safety zone, in
conjunction with the Louis Vuitton
America’s Cup World Series 2016, to
ensure the protection of the maritime
public and event participants from the
hazards associated with large-scale
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Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Rules and Regulations
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marine events. The Coast Guard
anticipates some concern with the
proposed safety zone by mariners,
especially commercial vessel operators,
as vessel transits on the Hudson River
along Manhattan may be restricted for a
portion of each day for three
consecutive days. The Hudson River is
the site of many marine events each year
and recreational and commercial vessel
traffic is frequently heavy. The Coast
Guard Sector New York Vessel Traffic
Service routinely works with the local
marine pilot organization and shipping
agents to coordinate vessel transits
during marine events on the Hudson
River, and will continue to do so for the
Louis Vuitton America’s Cup World
Series 2016 to avoid major interruptions
to shipping schedules.
IV. Discussion of the Rule
The Louis Vuitton America’s Cup
World Series 2016 regatta is scheduled
to occur on the navigable waters of a
Hudson River in the vicinity of
Manhattan, NY and Jersey City, NJ from
May 6–8, 2016. This event will involve
high-speed, high-performance sailing
vessels that will compete in a series of
daily races. This event is expected to
generate national and international
media coverage, and attract thousands
of spectators on hundreds of
commercial and recreational vessels.
The COTP proposes the establishment
of a temporary safety zone on the
navigable waters of the Hudson River to
ensure the protection of the maritime
public and event participants from the
hazards associated with this event. This
temporary safety zone will begin in the
vicinity of the Battery and extend north
to approximately North Cove,
Manhattan, NY. The Coast Guard
anticipates some concern by mariners,
especially commercial vessel operators,
that vessel transits on the Hudson River
along Manhattan may be restricted for a
portion of each day for three
consecutive days. To ensure the safe
and efficient movement of vessels in
this area, a portion of the navigable
waterway will remain available for use
along the western side of the navigable
channel. In addition, the Coast Guard
Sector New York Vessel Traffic Service
will continue to communicate and
coordinate vessel movements that occur
in the vicinity of this area for the
entirety of this marine event.
Safety zone enforcement will be
effective each day over a three
consecutive day period starting May 6–
8, 2016. Safety zone enforcement will
begin each day at approximately 11:30
a.m. and continue until the Americas
Cup races are completed for the day, but
no later than 5:00 p.m.
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V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive order 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
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The potential impact on the public
will be minimized for the following
reasons: Vessels will only be restricted
from the designated safety zone for a
maximum of 6 hours per day for a
maximum of 3 days; marine traffic will
be permitted to transit the Hudson river
along the New Jersey side of the river for
the duration of this event and will be
minimally impacted by the
establishment of a temporary safety
zone; vessels including those that
require access to pier berths along the
Manhattan side of the river will be
permitted to enter or pass through the
affected waterway with the permission
of the COTP or the COTP’s
representative.
Notifications of this event and its
associated safety zone will be made to
mariners through advisory notice, Local
Notice to Mariners, event sponsors, and
local media. Notifications will be made
well in advance of the event’s
commencement and last throughout the
event.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
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.
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26469
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator. Under section 213(a) of the
Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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.
C. 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).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
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26470
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone lasting
approximately 6 hours for 3 days and is
designed to minimize the impact to
vessel traffic on the navigable waters,
vessels will be able to transit around the
zone in a safe manner. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination
will be 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.
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G. 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.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
VerDate Sep<11>2014
13:43 May 02, 2016
Jkt 238001
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5 and
Department of Homeland Security Delegation
No. 0170.1
2. Add § 165.T01–0109 to read as
follows:
■
§ 165.T01–0109 Safety Zone; Hudson
River, Manhattan, NY.
(a) Regulated Area. The following area
is a temporary safety zone: All navigable
waters of the Hudson River bound by
the following coordinates: Beginning at
40°43.441′ N., 74°01.538′ W.; thence to
40°43.390′ N., 74°01.015′ W.; thence to
40°42.846′ N., 74°01.143′ W.; thence to
40°41.992′ N., 74°01.230′ W.; thence to
40°41.995′ N., 74°01.916′ W.; thence
back to the starting point.
(b) Effective Period. This rule will be
effective from May 6–8, 2016. This rule
will be enforced daily from
approximately 11:30 a.m. until the
America’s Cup races are completed for
the day, but no later than 5:00 p.m.
(c) Definitions. The following
definitions apply to this section:
(1) Designated Representative.
‘‘Designated representative’’ means any
Coast Guard commissioned, warrant, or
petty officer of the U.S. Coast Guard
who has been designated by the COTP
New York, to act on his or her behalf.
The designated representative may be
on an official patrol vessel or may be on
shore and will communicate with
vessels via VHF–FM radio or loudhailer.
In addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. ‘‘Official
patrol vessel’’ means any Coast Guard,
Coast Guard Auxiliary, state, or local
law enforcement vessels assigned or
approved by the COTP.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the following regulations,
apply.
(2) No vessels, except for those
participating in the regatta, will be
allowed to transit the safety zone
without the permission of the COTP or
designated representative.
(3) All persons and vessels shall
comply with the instructions of the
COTP or the designated representative.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
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light or other means, the operator of a
vessel shall proceed as directed.
(4) Spectators or other vessels shall
not anchor, block, loiter, or impede the
movement of event participants or
official patrol vessels in the safety
zones.
(5) Vessel operators desiring to enter
or operate within the safety zone shall
contact the COTP or the designated
representative via VHF channel 16, the
Vessel Traffic Service via VHF channel
14 or the Sector New York Command
Center via 718–354–4353 to obtain
permission to do so.
Dated: April 12, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2016–10305 Filed 5–2–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2016–0345]
Safety Zone, Chicago Harbor, Navy
Pier Southeast, Chicago, IL
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Navy Pier Southeast Safety Zone
within the Chicago Harbor during
specified times from April 23, 2016
through January 1, 2017. This action is
necessary and intended to ensure the
safety of life and property on navigable
waters prior to, during, and immediately
after the firework displays. During the
enforcement periods listed below, the
Coast Guard will enforce restrictions
upon, and control movement of vessels
that transit this regulated area with the
approval from the Captain of the Port
Lake Michigan.
DATES: The regulation in 33 CFR
165.931 will be enforced at specified
times between April 23, 2016 through
January 1, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT Lindsay
Cook, Waterways Management Division,
Marine Safety Unit Chicago, at 630–
986–2155, email address
Lindsay.N.Cook@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce Safety Zone; Chicago
Harbor, Navy Pier Southeast, Chicago,
IL listed in 33 CFR 165.931, on April 23,
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Rules and Regulations]
[Pages 26468-26470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10305]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0109]
RIN 1625-AA00
Safety Zone; Hudson River, Jersey City, NJ, Manhattan, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Hudson River in the vicinity of Manhattan, NY,
and Jersey City, NJ for the Louis Vuitton America's Cup World Series
New York 2016 regatta. This temporary safety zone is necessary to
protect all participating and spectator vessels from the hazards
associated with regattas in high traffic areas. This rule is intended
to restrict all vessels from a portion of the Hudson River during the
event.
DATES: This rule is effective from 11:30 a.m. on Friday, May 6, 2016
through 5:00 p.m. on Sunday, May 8, 2016. This rule will be enforced
between 11:30 a.m. to 5:00 p.m. from Friday, May 6, 2016 through
Sunday, May 8, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0109 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 about this
proposed rulemaking, call or email LTJG Christopher Dunn, Sector New
York Waterways Management Division, U.S. Coast Guard; telephone 718-
354-4012, email christopher.e.dunn@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
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 doing so would be impracticable and
contrary to the public interest. The event sponsor was late in
submitting the marine event application. This late submission did not
give the Coast Guard enough time to publish an NPRM and solicit
comments from the public before establishing a safety zone. The nature
of the Louis Vuitton America's Cup World Series New York 2016 requires
the immediate establishment of a safety zone. Publishing an NPRM and
delaying the effective date of this rule to await public comment
inhibits the Coast Guard's ability to fulfill its statutory mission to
protect ports, waterways, and the maritime public. 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. The rule must become effective on
the date specified in order to provide for the safety of spectators and
vessels operating in the area near this event. Delaying the effective
date of this rule would be contrary to the public interest and would
expose spectators and vessels to the hazards associated with the
regattas. The sponsor advised that any change to the date of the event
would cause economic hardship on the event sponsor, negatively
impacting other activities being held in conjunction with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. The Louis Vuitton America's Cup World Series 2016, is
planned to take place over a 3 day period between the dates of May 6-8,
2016, on the Hudson River in the vicinity of Manhattan, NY. The Series
is composed of daily racing of high-speed, high-performance sailing
vessels. The racing of these vessels on the Hudson River along
Manhattan, NY is expected to generate national and international media
coverage, and attract spectators on a number of recreational vessels
and excursion vessels.
The Coast Guard is proposing establishing this safety zone, in
conjunction with the Louis Vuitton America's Cup World Series 2016, to
ensure the protection of the maritime public and event participants
from the hazards associated with large-scale
[[Page 26469]]
marine events. The Coast Guard anticipates some concern with the
proposed safety zone by mariners, especially commercial vessel
operators, as vessel transits on the Hudson River along Manhattan may
be restricted for a portion of each day for three consecutive days. The
Hudson River is the site of many marine events each year and
recreational and commercial vessel traffic is frequently heavy. The
Coast Guard Sector New York Vessel Traffic Service routinely works with
the local marine pilot organization and shipping agents to coordinate
vessel transits during marine events on the Hudson River, and will
continue to do so for the Louis Vuitton America's Cup World Series 2016
to avoid major interruptions to shipping schedules.
IV. Discussion of the Rule
The Louis Vuitton America's Cup World Series 2016 regatta is
scheduled to occur on the navigable waters of a Hudson River in the
vicinity of Manhattan, NY and Jersey City, NJ from May 6-8, 2016. This
event will involve high-speed, high-performance sailing vessels that
will compete in a series of daily races. This event is expected to
generate national and international media coverage, and attract
thousands of spectators on hundreds of commercial and recreational
vessels.
The COTP proposes the establishment of a temporary safety zone on
the navigable waters of the Hudson River to ensure the protection of
the maritime public and event participants from the hazards associated
with this event. This temporary safety zone will begin in the vicinity
of the Battery and extend north to approximately North Cove, Manhattan,
NY. The Coast Guard anticipates some concern by mariners, especially
commercial vessel operators, that vessel transits on the Hudson River
along Manhattan may be restricted for a portion of each day for three
consecutive days. To ensure the safe and efficient movement of vessels
in this area, a portion of the navigable waterway will remain available
for use along the western side of the navigable channel. In addition,
the Coast Guard Sector New York Vessel Traffic Service will continue to
communicate and coordinate vessel movements that occur in the vicinity
of this area for the entirety of this marine event.
Safety zone enforcement will be effective each day over a three
consecutive day period starting May 6-8, 2016. Safety zone enforcement
will begin each day at approximately 11:30 a.m. and continue until the
Americas Cup races are completed for the day, but no later than 5:00
p.m.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive order 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 approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The potential impact on the public will be minimized for the
following reasons: Vessels will only be restricted from the designated
safety zone for a maximum of 6 hours per day for a maximum of 3 days;
marine traffic will be permitted to transit the Hudson river along the
New Jersey side of the river for the duration of this event and will be
minimally impacted by the establishment of a temporary safety zone;
vessels including those that require access to pier berths along the
Manhattan side of the river will be permitted to enter or pass through
the affected waterway with the permission of the COTP or the COTP's
representative.
Notifications of this event and its associated safety zone will be
made to mariners through advisory notice, Local Notice to Mariners,
event sponsors, and local media. Notifications will be made well in
advance of the event's commencement and last throughout the event.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you
[[Page 26470]]
believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a safety zone lasting approximately
6 hours for 3 days and is designed to minimize the impact to vessel
traffic on the navigable waters, vessels will be able to transit around
the zone in a safe manner. It is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination will be
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.
G. 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.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5 and Department of Homeland Security Delegation No.
0170.1
0
2. Add Sec. 165.T01-0109 to read as follows:
Sec. 165.T01-0109 Safety Zone; Hudson River, Manhattan, NY.
(a) Regulated Area. The following area is a temporary safety zone:
All navigable waters of the Hudson River bound by the following
coordinates: Beginning at 40[deg]43.441' N., 74[deg]01.538' W.; thence
to 40[deg]43.390' N., 74[deg]01.015' W.; thence to 40[deg]42.846' N.,
74[deg]01.143' W.; thence to 40[deg]41.992' N., 74[deg]01.230' W.;
thence to 40[deg]41.995' N., 74[deg]01.916' W.; thence back to the
starting point.
(b) Effective Period. This rule will be effective from May 6-8,
2016. This rule will be enforced daily from approximately 11:30 a.m.
until the America's Cup races are completed for the day, but no later
than 5:00 p.m.
(c) Definitions. The following definitions apply to this section:
(1) Designated Representative. ``Designated representative'' means
any Coast Guard commissioned, warrant, or petty officer of the U.S.
Coast Guard who has been designated by the COTP New York, to act on his
or her behalf. The designated representative may be on an official
patrol vessel or may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
(2) Official Patrol Vessels. ``Official patrol vessel'' means any
Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) No vessels, except for those participating in the regatta, will
be allowed to transit the safety zone without the permission of the
COTP or designated representative.
(3) All persons and vessels shall comply with the instructions of
the COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light or other means, the
operator of a vessel shall proceed as directed.
(4) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the safety zones.
(5) Vessel operators desiring to enter or operate within the safety
zone shall contact the COTP or the designated representative via VHF
channel 16, the Vessel Traffic Service via VHF channel 14 or the Sector
New York Command Center via 718-354-4353 to obtain permission to do so.
Dated: April 12, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-10305 Filed 5-2-16; 8:45 am]
BILLING CODE 9110-04-P
