Special Local Regulation; On Water Activities Associated With the 2016 Macy's 4th of July Fireworks, East River, Manhattan, NY, 37510-37513 [2016-13780]
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Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations
(2) Vessel operators desiring to
operate in the regulated area must
contact the Coast Guard Patrol
Commander to obtain permission to do
so. The Captain of the Port Detroit
(COTP) or his on-scene representative
may be contacted via VHF Channel 16.
Vessel operators given permission to
operate within the regulated area must
comply with all directions given to
them by the COTP or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the COTP to act on his behalf.
Dated: June 6, 2016.
Raymond Negron,
Commander, U.S. Coast Guard, Acting
Captain of the Port Detroit.
[FR Doc. 2016–13746 Filed 6–9–16; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0377]
RIN 1625–AA08
Special Local Regulation; On Water
Activities Associated With the 2016
Macy’s 4th of July Fireworks, East
River, Manhattan, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary special local
regulation on the navigable waters of the
East River and Upper New York Bay
Manhattan and Brooklyn, NY for on
water vessel management associated
with the Macy’s 4th of July fireworks
show. This Special Local Regulation
allows the Coast Guard to enforce
spectator vessel movement and prohibit
all vessel traffic from entering the
fireworks barge buffer zone during times
when the associated event 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 and to
establish public viewing areas during
the event.
DATES: This rule is effective from 6 p.m.
through 11 p.m. on July 4, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
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SUMMARY:
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If
you have questions on this rule, call or
email Lieutenant Junior Grade Kathleen
Kane, Vessel Traffic Services Division,
Sector New York, U.S. Coast Guard;
telephone (718) 354–4010, email
Kathleen.E.Kane@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
II. Background Information and
Regulatory History
BILLING CODE 9110–04–P
ACTION:
0377 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
The Coast Guard is issuing this
temporary final 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 an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. The
Coast Guard was provided the final
details for this event on March 31, 2016.
Macy’s is unable to move their event to
a later date because of the highly
publicized nature of this 4th of July
event. Due to a major change in the
location of the event from the Hudson,
to East River, the Coast Guard was
unable to use the safety zone established
by the recurring Macy’s 4th of July
fireworks regulation published in Table
1 of 33 CFR 165.160.
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. Any
delay in this rule becoming effective
would be contrary to public interest
since immediate action is needed to
provide for the safety of life and
property on the navigable waters due to
the inherent hazards created by the high
concentration of spectator vessels
expected in attendance for the event.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. This
Special Local Regulation is necessary to
ensure the safety of spectators and
vessels from hazards associated with the
anticipated concentration of vessels,
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
The Coast Guard is establishing a
Special Local Regulation on the
navigable waters of the East River and
Upper New York Bay along Manhattan
and Brooklyn, NY for the on water
management of vessels associated with
the 2016 Macy’s 4th of July event. The
Special Local Regulation is necessary to
ensure the safety of spectators from
hazards associated with the anticipated
concentration of vessels for the event.
The event is scheduled to occur from
9:20 p.m. through 9:50 p.m. and the
COTP New York anticipates a large
number of vessels will congregate to
view the fireworks display. This rule
will be enforced from 6 p.m. through 11
p.m. on July 4, 2016 in order to ensure
that the area is clear of persons and
vessels before the fireworks display
begins, and to ensure that no hazards
remain after the fireworks display ends.
If the event is cancelled due to
inclement weather, then this regulation
will be enforced from 6 p.m. through 11
p.m. on July 5, 2016.
The COTP New York will establish
seven limited access areas within the
boundary of the regulated area. Access
to these areas will be restricted to
vessels of a certain size. The seven
limited access areas are: (1) A ‘‘spectator
area’’ designated ALFA in which access
is limited to vessels greater than or
equal to 20 meters in length (65.6ft); (2)
a ‘‘spectator area’’ designated BRAVO in
which access is limited to vessels less
than 20 meters in length (65.6ft); (3) a
‘‘buffer zone’’ around the fireworks
launch barges, designated area
CHARLIE, limited to all vessels tending
the fireworks launch barges; (4) a
‘‘spectator area’’ designated DELTA in
which access is limited to vessels
greater than 20 meters in length (65.6ft);
(5) a ‘‘spectator area’’ designated ECHO
in which access is limited to vessels less
than or equal to 20 meters in length
(65.6ft); (6) a ‘‘buffer zone’’ around the
fireworks launch barge, designated area
FOXTROT, limited to all vessels tending
the fireworks launch barges; (7) a
‘‘spectator area’’ designated GOLF in
which access is open to all vessels all
lengths.
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Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations
Based on the inherent hazards
associated with large concentrations of
vessels in tight confines, the COTP New
York has determined that the event
poses a significant risk to public safety
and property. The combination of an
increased number of recreational
vessels, congested waterways, and
darkness has the potential to result in
serious injuries or fatalities. The buffer
zone along with the designated viewing
areas will restrict vessels from a portion
of the East River around the location of
the fireworks launch platform before,
during, and immediately after the event.
All persons and vessels shall comply
with the instructions of the COTP New
York or a designated representative
during the enforcement of the Special
Local Regulation.
Consistent with 33 CFR 165.7, the
Coast Guard will notify the public and
local mariners of this Special Local
Regulation through appropriate means,
which may include, but are not limited
to, publication in the Federal Register,
the Local Notice to Mariners, and
Broadcast Notice to Mariners.
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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.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will only be restricted
from the regulated area for a limited
duration, and the Special Local
Regulation is in effect during late night
hours when vessel traffic is low.
Advanced public notifications will also
be made to local mariners through
appropriate means, which may include,
but would not be limited to, Local
Notice to Mariners and Broadcast Notice
to Mariners.
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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 received no comments
from the Small Business Administration
on this 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.
While some owners or operators of
vessels intending to enter or transit
within the Special Local Regulation 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
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37511
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.
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 temporary rule
involves restricting vessel movement
within a Limited Access Area
established by a Special Local
Regulation. 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
will be available in the docket where
indicated under ADDRESSES, though due
to the short timeline it may be made
available after publication of this rule in
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Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations
the FR. 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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 § 100.35T01–0481 to read as
follows:
■
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§ 100.35T01–0481 Special Local
Regulation; On Water Activities Associated
with the 2016 Macy’s 4th of July Fireworks,
East River, Manhattan, NY.
(a) Regulated area. The regulated area
includes all navigable waters of the East
River and Upper New York Bay
bounded by a line drawn from position
40°45′20″ N., 073°57′21″ W. (57th Street,
New York, NY to 43rd Ave., Long Island
City, NY), south along the East River to
position 40°40′55″ N., 074°01′21″ W.
(Southern tip of Governors Island, NY to
Red Hook Point, NY), bounded West by
a line drawn from position 40°41′47″ N.,
074°00′37″ W. (Southern tip of
Downtown Manhattan Heliport, NY to
Governors Island Ventilator, NY). All
geographic coordinates are North
American Datum of 1983 (NAD 83).
Within the overall regulated area
defined above, the following are
individually defined areas subject to
specific requirements:
(1) Area ALPHA. All navigable waters
of the East River south of a line drawn
from position 40°45′20″ N., 073°57′21″
W. (57th Street, New York, to 43rd Ave,
Long Island City, New York) to a line
drawn from position 40°44′58″ N.
073°57′41″ W. (47th Street, New York,
NY to N Basin Rd., Long Island City,
NY) between the east shore of
Manhattan and west shore of Roosevelt
Island.
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(2) Area BRAVO. All navigable waters
of the East River south of a line drawn
from position 40°45′20″ N., 073°57′21″
W. (57th Street, New York, to 43rd Ave,
Long Island City, New York) to a line
drawn from position 40°44′58″ N.
073°57′41″ W., (47th Street, New York,
NY to N Basin Rd., Long Island City,
NY) between the east shore of Roosevelt
Island and west shore of Long Island
City. (NAD 83)
(3) Area CHARLIE. All navigable
waters of the East River bound by a line
drawn from position 40°44′58″ N.
073°57′41″ W. (47th Street, New York,
NY to N Basin Rd., Long Island City,
NY), south along the East River to
position 40°43′40″ N., 073°57′59″ W.
(15th Street, New York, NY to Noble
Street, Brooklyn, NY), (NAD 83).
(4) Area DELTA. All navigable waters
of the East River by a line drawn from
position 40°43′40″ N., 073°57′59″ W.
(15th Street, New York, NY to Noble
Street, Brooklyn, NY), south to a line
drawn from position 40°43′19″ N.,
073°58′04″ W. (7th Street, New York,
NY to Bushwick Inlet Park), (NAD 83).
(5) Area ECHO. All navigable waters
of the East River by a line drawn from
position 40°43′19″ N., 073°58′04″ W.
(7th Street, New York, NY to Bushwick
Inlet Park), south to position 40°42′52″
N., 073°58′18″ W. (East River Park, New
York, NY to S 4th Street), (NAD 83).
(6) Area FOXTROT. All navigable
waters of the East River by a line drawn
from position 40°42′52″ N., 073°58′18″
W. (East River Park, New York, NY to
S 4th Street), south to position 40°41′58″
N., 074°00′16″ W. (Downtown
Manhattan Heliport to Pier 3 Brooklyn,
NY).
(7) Area GOLF. All navigable waters
of the Upper Bay, New York Harbor,
NY, south of a line drawn from position
40°41′58″ N., 074°00′16″ W. to a line
drawn from position 40°41′29″ N.,
074°00′31″ W. (Governors Island
Ventilator to Pier 7 Brooklyn, NY),
south. West by a line drawn from
position 40°41′47″ N., 074°00′37″ W.
(Downtown Manhattan Heliport to
Governors Island Ventilator).
(b) Definitions. The following
definitions apply to this section:
(1) Designated representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port (COTP) New York, to act on his or
her behalf.
(2) Official patrol vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP New York.
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(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(c) Special local regulations. (1) In
accordance with the general regulations
in § 100.35, entry into, transiting, or
anchoring within the regulated areas is
prohibited, unless authorized by the
COTP or a designated representative.
(2) Vessels are authorized by the
COTP or a designated representative to
enter areas of this special location
regulation in accordance with the
following restrictions:
(i) Area ALPHA access is limited to
vessels greater than or equal to 20
meters (65.6ft) in length.
(ii) Area BRAVO access is limited to
vessels less than 20 meters (65.6ft) in
length.
(iii) All vessels are prohibited from
entering area CHARLIE without
permission from the COTP or a
designated representative.
(iv) Area DELTA access is limited to
vessels less than 20 meters (65.6ft) in
length.
(v) Area ECHO access is limited to
vessels greater than or equal to 20
meters (65.6ft) in length.
(vi) All vessels are prohibited from
entering area FOXTROT without
permission from the COTP or a
designated representative.
(vii) Area GOLF access is not limited
by vessel length.
(3) All persons and vessels in the
regulated areas shall comply with the
instructions of the COTP or a designated
representative. Vessels shall be present
in the corresponding areas by 7:30 p.m.
(4) Upon being hailed by a U.S. Coast
Guard vessel or a designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. A
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.
Failure to comply with a lawful
direction may result in expulsion from
the area, citation for failure to comply,
or both.
(5) Vessel operators desiring to enter
or operate within the regulated area
should contact the COTP New York at
(718) 354–4356 (Sector NY Command
Center) or a designated representative
via VHF channel 16 to obtain
permission to do so.
(6) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times
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unless authorized by COTP New York or
a designated representative.
(7) The COTP New York or a
designated representative may delay or
terminate any marine event in this
subpart at any time if it is deemed
necessary to ensure the safety of life or
property.
(d) Enforcement period. This
regulation will be enforced from 6 p.m.
until 11 p.m. on July 4, 2016, and if the
fireworks display is postponed due to
inclement weather, it will be enforced
from 6 p.m. until 11 p.m. on July 5,
2016.
Dated: May 23, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2016–13780 Filed 6–9–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2013–0327]
RIN 1625–AA00
Special Local Regulations; Harborfest
Dragon Boat Race, South Haven, MI
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the special local regulation on the Black
River in South Haven, Michigan for the
Harborfest Dragonboat Race on June 18
and 19, 2016. This action is necessary
and intended to ensure safety of life on
navigable waters immediately prior to,
during, and after the Dragonboat race.
During the aforementioned period, the
Coast Guard will enforce restrictions
upon, and control movement of, vessels
in the special regulated area.
DATES: The regulations in 33 CFR
100.903 will be enforced from 6 a.m.
until 7 p.m. on each day of June 18 and
19, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email CWO Mark
Stevens, Prevention Department, Coast
Guard Sector Lake Michigan,
Milwaukee, WI at (414) 747–7188, email
mark.l.stevens@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulation listed in 33 CFR 100.903 from
6 a.m. until 7 p.m. on each day of June
18 and 19, 2016. This special local
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SUMMARY:
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regulation encompasses the waters of
the Black River in South Haven, MI
within the following coordinates
starting at 42°24′13.6″ N., 086°16′41″
W.; then southeast 42°24′12.6″ N.,
086°16′40″ W.; then northeast to
42°24′19.2″ N., 086°16′26.5″ W.; then
northwest to 42°24′20.22″ N.,
086°16′27.4″ W.; then back to point of
origin (NAD 83). As specified in 33 CFR
100.903, no vessel may enter, transit
through, or anchor within the regulated
area without the permission of the Coast
Guard Patrol Commander. Furthermore,
the regulations in § 100.901 apply.
Vessels desiring to transit the regulated
area may do so only with prior approval
of the Patrol Commander and when so
directed by that officer. Vessels will be
operated at a no wake speed to reduce
the wake to a minimum, and in a
manner which will not endanger
participants in the event or any other
craft. The rules contained in the above
two sentences shall not apply to
participants in the event or vessels of
the patrol operating in the performance
of their assigned duties. The Patrol
Commander may direct the anchoring,
mooring, or movement of any boat or
vessel within the regatta area. A
succession of sharp, short signals by
whistle or horn from vessels patrolling
the area under the direction of the U.S.
Coast Guard Patrol Commander shall
serve as a signal to stop. Vessels so
signaled shall stop and shall comply
with the orders of the Patrol
Commander. Failure to do so may result
in expulsion from the area, citation for
failure to comply, or both.
This notice of enforcement is issued
under authority of 33 CFR 165.903,
Harborfest Dragon Boat Race; South
Haven, MI, 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 regulation
via Broadcast Notice to Mariners or
Local Notice to Mariners. The Patrol
Commander may be contacted via
Channel 16, VHF–FM.
Dated: May 18, 2016.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2016–13783 Filed 6–9–16; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0405]
Drawbridge Operation Regulation;
Sloop Channel and Long Creek,
Nassau, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Loop Parkway
Bridge, mile 0.7, across Long Creek and
the Meadowbrook State Parkway Bridge,
mile 12.8, across Sloop Channel, at
Nassau, New York. This temporary
deviation is necessary to facilitate
public safety during a public event, the
Annual Salute to Veterans and
Fireworks Display.
DATES: This deviation is effective from
9:30 p.m. on June 25, 2016, to 11:59
p.m. June 26, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0405] is
available at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Ms. Judy K.
Leung-Yee, Project Officer, First Coast
Guard District, telephone (212) 514–
4330, email judy.k.leung-yee@uscg.mil.
SUPPLEMENTARY INFORMATION: Town of
Hempstead Department of Public Safety
requested and the bridge owner of both
bridges, the State of New York
Department of Transportation,
concurred with this temporary deviation
from the normal operating schedule to
facilitate a public event, the Annual
Salute to Veterans and Fireworks
Display.
The Loop Parkway Bridge, mile 0.7,
across Long Creek has a vertical
clearance in the closed position of 21
feet at mean high water and 25 feet at
mean low water. The existing bridge
operating regulations are found at 33
CFR 117.799(f).
The Meadowbrook State Parkway
Bridge, mile 12.8, across Sloop Channel
has a vertical clearance in the closed
position of 22 feet at mean high water
and 25 feet at mean low water. The
existing bridge operating regulations are
found at 33 CFR 117.799(h).
SUMMARY:
E:\FR\FM\10JNR1.SGM
10JNR1
]]>Agencies
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37510-37513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13780]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0377]
RIN 1625-AA08
Special Local Regulation; On Water Activities Associated With the
2016 Macy's 4th of July Fireworks, East River, Manhattan, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the navigable waters of the East River and Upper New York
Bay Manhattan and Brooklyn, NY for on water vessel management
associated with the Macy's 4th of July fireworks show. This Special
Local Regulation allows the Coast Guard to enforce spectator vessel
movement and prohibit all vessel traffic from entering the fireworks
barge buffer zone during times when the associated event 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
and to establish public viewing areas during the event.
DATES: This rule is effective from 6 p.m. through 11 p.m. on July 4,
2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0377 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 Lieutenant Junior Grade Kathleen Kane, Vessel Traffic
Services Division, Sector New York, U.S. Coast Guard; telephone (718)
354-4010, email Kathleen.E.Kane@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 final 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 an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The Coast Guard was provided the final details for this event
on March 31, 2016. Macy's is unable to move their event to a later date
because of the highly publicized nature of this 4th of July event. Due
to a major change in the location of the event from the Hudson, to East
River, the Coast Guard was unable to use the safety zone established by
the recurring Macy's 4th of July fireworks regulation published in
Table 1 of 33 CFR 165.160.
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. Any delay in this rule
becoming effective would be contrary to public interest since immediate
action is needed to provide for the safety of life and property on the
navigable waters due to the inherent hazards created by the high
concentration of spectator vessels expected in attendance for the
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. This Special Local Regulation is necessary to ensure the safety
of spectators and vessels from hazards associated with the anticipated
concentration of vessels, before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
The Coast Guard is establishing a Special Local Regulation on the
navigable waters of the East River and Upper New York Bay along
Manhattan and Brooklyn, NY for the on water management of vessels
associated with the 2016 Macy's 4th of July event. The Special Local
Regulation is necessary to ensure the safety of spectators from hazards
associated with the anticipated concentration of vessels for the event.
The event is scheduled to occur from 9:20 p.m. through 9:50 p.m.
and the COTP New York anticipates a large number of vessels will
congregate to view the fireworks display. This rule will be enforced
from 6 p.m. through 11 p.m. on July 4, 2016 in order to ensure that the
area is clear of persons and vessels before the fireworks display
begins, and to ensure that no hazards remain after the fireworks
display ends. If the event is cancelled due to inclement weather, then
this regulation will be enforced from 6 p.m. through 11 p.m. on July 5,
2016.
The COTP New York will establish seven limited access areas within
the boundary of the regulated area. Access to these areas will be
restricted to vessels of a certain size. The seven limited access areas
are: (1) A ``spectator area'' designated ALFA in which access is
limited to vessels greater than or equal to 20 meters in length
(65.6ft); (2) a ``spectator area'' designated BRAVO in which access is
limited to vessels less than 20 meters in length (65.6ft); (3) a
``buffer zone'' around the fireworks launch barges, designated area
CHARLIE, limited to all vessels tending the fireworks launch barges;
(4) a ``spectator area'' designated DELTA in which access is limited to
vessels greater than 20 meters in length (65.6ft); (5) a ``spectator
area'' designated ECHO in which access is limited to vessels less than
or equal to 20 meters in length (65.6ft); (6) a ``buffer zone'' around
the fireworks launch barge, designated area FOXTROT, limited to all
vessels tending the fireworks launch barges; (7) a ``spectator area''
designated GOLF in which access is open to all vessels all lengths.
[[Page 37511]]
Based on the inherent hazards associated with large concentrations
of vessels in tight confines, the COTP New York has determined that the
event poses a significant risk to public safety and property. The
combination of an increased number of recreational vessels, congested
waterways, and darkness has the potential to result in serious injuries
or fatalities. The buffer zone along with the designated viewing areas
will restrict vessels from a portion of the East River around the
location of the fireworks launch platform before, during, and
immediately after the event. All persons and vessels shall comply with
the instructions of the COTP New York or a designated representative
during the enforcement of the Special Local Regulation.
Consistent with 33 CFR 165.7, the Coast Guard will notify the
public and local mariners of this Special Local Regulation through
appropriate means, which may include, but are not limited to,
publication in the Federal Register, the Local Notice to Mariners, and
Broadcast Notice to Mariners.
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.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will only be restricted from the regulated area for a limited duration,
and the Special Local Regulation is in effect during late night hours
when vessel traffic is low. Advanced public notifications will also be
made to local mariners through appropriate means, which may include,
but would not be limited to, Local Notice to Mariners and Broadcast
Notice to Mariners.
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 received no comments from the Small Business
Administration on this 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.
While some owners or operators of vessels intending to enter or
transit within the Special Local Regulation 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.
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
temporary rule involves restricting vessel movement within a Limited
Access Area established by a Special Local Regulation. 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 will be available in the docket where indicated under
ADDRESSES, though due to the short timeline it may be made available
after publication of this rule in
[[Page 37512]]
the FR. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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. 100.35T01-0481 to read as follows:
Sec. 100.35T01-0481 Special Local Regulation; On Water Activities
Associated with the 2016 Macy's 4th of July Fireworks, East River,
Manhattan, NY.
(a) Regulated area. The regulated area includes all navigable
waters of the East River and Upper New York Bay bounded by a line drawn
from position 40[deg]45'20'' N., 073[deg]57'21'' W. (57th Street, New
York, NY to 43rd Ave., Long Island City, NY), south along the East
River to position 40[deg]40'55'' N., 074[deg]01'21'' W. (Southern tip
of Governors Island, NY to Red Hook Point, NY), bounded West by a line
drawn from position 40[deg]41'47'' N., 074[deg]00'37'' W. (Southern tip
of Downtown Manhattan Heliport, NY to Governors Island Ventilator, NY).
All geographic coordinates are North American Datum of 1983 (NAD 83).
Within the overall regulated area defined above, the following are
individually defined areas subject to specific requirements:
(1) Area ALPHA. All navigable waters of the East River south of a
line drawn from position 40[deg]45'20'' N., 073[deg]57'21'' W. (57th
Street, New York, to 43rd Ave, Long Island City, New York) to a line
drawn from position 40[deg]44'58'' N. 073[deg]57'41'' W. (47th Street,
New York, NY to N Basin Rd., Long Island City, NY) between the east
shore of Manhattan and west shore of Roosevelt Island.
(2) Area BRAVO. All navigable waters of the East River south of a
line drawn from position 40[deg]45'20'' N., 073[deg]57'21'' W. (57th
Street, New York, to 43rd Ave, Long Island City, New York) to a line
drawn from position 40[deg]44'58'' N. 073[deg]57'41'' W., (47th Street,
New York, NY to N Basin Rd., Long Island City, NY) between the east
shore of Roosevelt Island and west shore of Long Island City. (NAD 83)
(3) Area CHARLIE. All navigable waters of the East River bound by a
line drawn from position 40[deg]44'58'' N. 073[deg]57'41'' W. (47th
Street, New York, NY to N Basin Rd., Long Island City, NY), south along
the East River to position 40[deg]43'40'' N., 073[deg]57'59'' W. (15th
Street, New York, NY to Noble Street, Brooklyn, NY), (NAD 83).
(4) Area DELTA. All navigable waters of the East River by a line
drawn from position 40[deg]43'40'' N., 073[deg]57'59'' W. (15th Street,
New York, NY to Noble Street, Brooklyn, NY), south to a line drawn from
position 40[deg]43'19'' N., 073[deg]58'04'' W. (7th Street, New York,
NY to Bushwick Inlet Park), (NAD 83).
(5) Area ECHO. All navigable waters of the East River by a line
drawn from position 40[deg]43'19'' N., 073[deg]58'04'' W. (7th Street,
New York, NY to Bushwick Inlet Park), south to position 40[deg]42'52''
N., 073[deg]58'18'' W. (East River Park, New York, NY to S 4th Street),
(NAD 83).
(6) Area FOXTROT. All navigable waters of the East River by a line
drawn from position 40[deg]42'52'' N., 073[deg]58'18'' W. (East River
Park, New York, NY to S 4th Street), south to position 40[deg]41'58''
N., 074[deg]00'16'' W. (Downtown Manhattan Heliport to Pier 3 Brooklyn,
NY).
(7) Area GOLF. All navigable waters of the Upper Bay, New York
Harbor, NY, south of a line drawn from position 40[deg]41'58'' N.,
074[deg]00'16'' W. to a line drawn from position 40[deg]41'29'' N.,
074[deg]00'31'' W. (Governors Island Ventilator to Pier 7 Brooklyn,
NY), south. West by a line drawn from position 40[deg]41'47'' N.,
074[deg]00'37'' W. (Downtown Manhattan Heliport to Governors Island
Ventilator).
(b) Definitions. The following definitions apply to this section:
(1) Designated representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP)
New York, to act on his or her behalf.
(2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP New York.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Special local regulations. (1) In accordance with the general
regulations in Sec. 100.35, entry into, transiting, or anchoring
within the regulated areas is prohibited, unless authorized by the COTP
or a designated representative.
(2) Vessels are authorized by the COTP or a designated
representative to enter areas of this special location regulation in
accordance with the following restrictions:
(i) Area ALPHA access is limited to vessels greater than or equal
to 20 meters (65.6ft) in length.
(ii) Area BRAVO access is limited to vessels less than 20 meters
(65.6ft) in length.
(iii) All vessels are prohibited from entering area CHARLIE without
permission from the COTP or a designated representative.
(iv) Area DELTA access is limited to vessels less than 20 meters
(65.6ft) in length.
(v) Area ECHO access is limited to vessels greater than or equal to
20 meters (65.6ft) in length.
(vi) All vessels are prohibited from entering area FOXTROT without
permission from the COTP or a designated representative.
(vii) Area GOLF access is not limited by vessel length.
(3) All persons and vessels in the regulated areas shall comply
with the instructions of the COTP or a designated representative.
Vessels shall be present in the corresponding areas by 7:30 p.m.
(4) Upon being hailed by a U.S. Coast Guard vessel or a designated
representative, by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed. A 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. Failure to comply with a lawful
direction may result in expulsion from the area, citation for failure
to comply, or both.
(5) Vessel operators desiring to enter or operate within the
regulated area should contact the COTP New York at (718) 354-4356
(Sector NY Command Center) or a designated representative via VHF
channel 16 to obtain permission to do so.
(6) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times
[[Page 37513]]
unless authorized by COTP New York or a designated representative.
(7) The COTP New York or a designated representative may delay or
terminate any marine event in this subpart at any time if it is deemed
necessary to ensure the safety of life or property.
(d) Enforcement period. This regulation will be enforced from 6
p.m. until 11 p.m. on July 4, 2016, and if the fireworks display is
postponed due to inclement weather, it will be enforced from 6 p.m.
until 11 p.m. on July 5, 2016.
Dated: May 23, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-13780 Filed 6-9-16; 8:45 am]
BILLING CODE 9110-04-P
