Safety Zone; Upper New York Bay, Liberty Island, NY, 36169-36171 [2016-13341]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
This safety zone will encompass the
waters of Lake Michigan within
Milwaukee Harbor including the Harbor
Island Lagoon enclosed by a line
connecting the following points:
Beginning at 43°02′00″ N., 087°53′53″
W.; then south to 43°01′44″ N.,
087°53′53″ W.; then east to 43°01′44″ N.,
087°53′25″ W.; then north to 43°02′00″
N., 087°53′25″ W.; then west to the
point of origin (NAD 83). As specified
in 33 CFR 165.935, all vessels must
obtain permission from the Captain of
the Port Lake Michigan or a designated
representative to enter, move within, or
exit the safety zone when it is enforced.
Vessels and persons granted permission
to enter the safety zone must obey all
lawful orders or directions of the
Captain of the Port Lake Michigan or a
designated representative.
This notice of enforcement is issued
under authority of 33 CFR 165.935,
Safety Zone; Milwaukee Harbor,
Milwaukee, Wisconsin, and 5 U.S.C.
552(a). In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide the
maritime community with advance
notification for the enforcement of this
zone via Broadcast Notice to Mariners or
Local Notice to Mariners. The Captain of
the Port Lake Michigan or a
representative may be contacted via
Channel 16, VHF–FM.
Dated: May 23, 2016.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2016–13339 Filed 6–3–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0318]
RIN 1625–AA00
Safety Zone; Upper New York Bay,
Liberty Island, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 100-yard
radius of each participating swimmer
during the Lady Liberty Sharkfest Swim.
The safety zone is needed to protect the
maritime public and event participants
from the hazards associated with swim
events taking place in a high vessel
traffic area. Entry of vessels or persons
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
into this zone is prohibited unless
specifically authorized by the Captain of
the Port New York.
DATES: This rule is effective from 7:00
a.m. until 9:30 a.m. on July 16, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0318 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 MST1 R.J. Sampert, Waterways
Management Division, U.S. Coast
Guard; telephone 718–354–4197, email
ronald.j.sampert@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
§ 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
NPRM with respect to this rule because
it would be impractical 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 receive
comments, making that impracticable
and contrary to the public interest in
immediate action to ensure the safety of
the event participants, patrol vessels,
spectator craft and other vessels
transiting the event area.
For the same reasons, 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.
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 New York (COTP)
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
36169
has determined that potential hazards
associated with swim events occurring
in high traffic areas of the Upper New
York Harbor on July 16, 2016 will be a
safety concern for anyone within a 100yard radius of swimmers. This rule is
needed to protect maritime public and
event participants from the hazards
associated with the swim event until the
conclusion of the event.
IV. Discussion of the Rule
This rule establishes a safety zone
from at 7:00 a.m. until 9:30 a.m. on July
16, 2016. The safety zone will cover all
navigable waters within 100 yards of
participating swimmers for the Lady
Liberty Sharkfest Swim. The duration of
the zone is intended to protect maritime
public and event participants from the
hazards associated with swim events
taking place in a high vessel traffic area.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
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.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
the Upper New York Harbor in vicinity
of Ellis and Liberty Islands for 2.5 hours
and during a time of day when vessel
traffic is normally low. Moreover, the
Coast Guard will issue Broadcast Notice
to Mariners via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission to
enter the zone.
E:\FR\FM\06JNR1.SGM
06JNR1
36170
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
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
mstockstill on DSK3G9T082PROD with RULES
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
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
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
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 a safety
zone lasting approximately 2.5 hours
that will prohibit entry within 100 yards
of participating swimmers for the Lady
Liberty Sharkfest Swim. 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.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
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
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;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0318 to read as
follows:
■
§ 165.T01–0318 Safety Zone; Upper New
York Harbor, New York, NY.
(a) Location. The following area is a
safety zone: All waters of the Upper
New York Harbor, from surface to
bottom, within a 100 yard radius of each
participating swimmer during the Lady
Liberty Sharkfest Swim.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port New York (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF channel 16 or by
phone at (718) 354–4353 (Sector New
York Command Center). Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the COTP’s designated
representative.
(d) Enforcement period. This section
will be enforced from 7:00 a.m. until
9:30 a.m. on July 16, 2016.
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
Dated: May 15, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port, New York.
I. Table of Abbreviations
AOR Area of Responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
[FR Doc. 2016–13341 Filed 6–3–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–1079]
RIN 1625–AA00
Safety Zones; Sector Upper
Mississippi River Annual and
Recurring Safety Zones Update
Coast Guard, DHS.
Interim rule with requests for
comments.
AGENCY:
ACTION:
The Coast Guard is amending
and updating its annual and recurring
safety zones that take place in the Coast
Guard Sector Upper Mississippi River
area of responsibility (AOR). This
regulation informs the public of
regularly scheduled events that require
additional safety measures through
establishing a safety zone. Through this
interim rule the current list of recurring
safety zones is updated with revisions,
additional events, and removal of events
that no longer take place; and we are
requesting comments on additional
changes necessary to update the
permanent list of recurring safety zones
in Sector Upper Mississippi River’s
AOR. When these safety zones are
enforced, vessel traffic is restricted from
specified areas. Additionally, this one
rulemaking project serves to provide
notice of the known recurring safety
zones throughout the year.
DATES: This rule is effective June 11,
2016. Comments and related material
must be received by the Coast Guard on
or before June 27, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
1079 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 LCDR Sean Peterson, Chief of
Prevention, U.S. Coast Guard; telephone
314–269–2332, email Sean.M.Peterson@
uscg.mil.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
II. Background Information and
Regulatory History
On April 8, 2016, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Safety Zones;
Sector Upper Mississippi River Annual
and Recurring Safety Zones Update (81
FR 20592). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this fireworks display.
During the comment period that ended
May 9, 2016, we received information
from event sponsors providing updated
locations for 2 of the events listed in the
NPRM. Therefore, we are requesting
comments through this interim rule
related to these two location changes
before issuing a final rule. These
changes are discussed further below.
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.
Though we are not providing a full 30
day notice period, the Coast Guard did
provide notice and opportunity to
comment through the NPRM process
and is now providing five days notice
before the first updated recurring safety
zone enforcement is required the
weekend of June 11–12. It is
impracticable to provide a full 30-days
notice because this rule must be
effective June 11, 2016.
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 (COTP) Upper
Mississippi River has determined that
potential hazards associated with the
recurring events will cause safety
concerns. The purpose of this rule is to
ensure safety of vessels and the
navigable waters in the safety zones,
before, during, and after the scheduled
events.
IV. Discussion of Comments, Changes,
and the Interim Rule
As noted above, during the comment
period for our NPRM that published
April 8, 2016, we received information
from event sponsors updating the
location for two events. This
information lead to the need to propose
changes to the location details for two
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
36171
of the recurring safety zones listed in
the NPRM. Therefore, there are two new
proposed changes to the regulatory text
of this rule that are different from the
proposed rule in the NPRM. The first
corrects the location of event number
14; Prairie du Chien Area Chamber
Fireworks, taking place annually on one
day during the second weekend of July.
The location listed in the proposed rule
was Upper Mississippi River mile
marker 633.8 to 634.2; the correct
location for this event is Upper
Mississippi River mile marker 635.2 to
635.7. The second corrects the location
of event number 31; Hermann 4th of
July event taking place one day over the
4th of July weekend. The location listed
in the proposed rule was Missouri River
mile marker 99.0 to 98.0; the correct
location for this event is Missouri River
mile marker 97.0 to 98.0.
All other changes, removals, and
additions proposed under the NPRM
remain the same as listed in the
proposed rule. This interim rule
establishes recurring safety zones to
restrict vessel transit into and through
specified areas to protect spectators,
mariners, and other persons and
property from potential hazards
presented during certain events taking
place in Sector Upper Mississippi
River’s AOR. This interim rule amends,
updates, and replaces Table 2 in 33 CFR
165.801, and requests comments on two
additional changes as discussed above
before issuing a final rule. No vessel or
person will be permitted to enter the
safety zones without first obtaining
permission from the COTP or a
designated representative.
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
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.
E:\FR\FM\06JNR1.SGM
06JNR1
]]>Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36169-36171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13341]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0318]
RIN 1625-AA00
Safety Zone; Upper New York Bay, Liberty Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 100-yard radius of each participating swimmer
during the Lady Liberty Sharkfest Swim. The safety zone is needed to
protect the maritime public and event participants from the hazards
associated with swim events taking place in a high vessel traffic area.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port New York.
DATES: This rule is effective from 7:00 a.m. until 9:30 a.m. on July
16, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0318 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 MST1 R.J. Sampert, Waterways Management Division, U.S.
Coast Guard; telephone 718-354-4197, email ronald.j.sampert@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 NPRM with respect to this rule
because it would be impractical 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 receive comments, making that impracticable and
contrary to the public interest in immediate action to ensure the
safety of the event participants, patrol vessels, spectator craft and
other vessels transiting the event area.
For the same reasons, 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.
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 New York (COTP) has determined that
potential hazards associated with swim events occurring in high traffic
areas of the Upper New York Harbor on July 16, 2016 will be a safety
concern for anyone within a 100-yard radius of swimmers. This rule is
needed to protect maritime public and event participants from the
hazards associated with the swim event until the conclusion of the
event.
IV. Discussion of the Rule
This rule establishes a safety zone from at 7:00 a.m. until 9:30
a.m. on July 16, 2016. The safety zone will cover all navigable waters
within 100 yards of participating swimmers for the Lady Liberty
Sharkfest Swim. The duration of the zone is intended to protect
maritime public and event participants from the hazards associated with
swim events taking place in a high vessel traffic area. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
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.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Upper New York Harbor in vicinity
of Ellis and Liberty Islands for 2.5 hours and during a time of day
when vessel traffic is normally low. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the zone and the rule allows vessels to seek permission to enter the
zone.
[[Page 36170]]
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 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 a safety zone lasting approximately 2.5 hours that will
prohibit entry within 100 yards of participating swimmers for the Lady
Liberty Sharkfest Swim. 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0318 to read as follows:
Sec. 165.T01-0318 Safety Zone; Upper New York Harbor, New York, NY.
(a) Location. The following area is a safety zone: All waters of
the Upper New York Harbor, from surface to bottom, within a 100 yard
radius of each participating swimmer during the Lady Liberty Sharkfest
Swim.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port New York (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF channel 16 or by phone at (718) 354-4353 (Sector
New York Command Center). Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(d) Enforcement period. This section will be enforced from 7:00
a.m. until 9:30 a.m. on July 16, 2016.
[[Page 36171]]
Dated: May 15, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 2016-13341 Filed 6-3-16; 8:45 am]
BILLING CODE 9110-04-P
