80_FR_16340 80 FR 16281 - Safety Zone; Vessel Fire and Escort, Port of New York, NJ, NY

80 FR 16281 - Safety Zone; Vessel Fire and Escort, Port of New York, NJ, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16281-16283
FR Document2015-07139

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Port of New York for the transit of the M/V GREY SHARK. This action is necessary to provide for the safety of life on navigable waters during the transit of the vessel in distress due to a shipboard fire and ongoing damage control operations. Entering into, transiting through, remaining, anchoring or mooring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) New York.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16281-16283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07139]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0189]
RIN 1625-AA00


Safety Zone; Vessel Fire and Escort, Port of New York, NJ, 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 Port of New York for the transit of the M/V 
GREY SHARK. This action is necessary to provide for the safety of life 
on navigable waters during the transit of the vessel in distress due to 
a shipboard fire and ongoing damage control operations. Entering into, 
transiting through, remaining, anchoring or mooring within this safety 
zone is prohibited unless authorized by the Captain of the Port (COTP) 
New York.

DATES: This rule is effective without actual notice from March 27, 2015 
until April 1, 2015. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, March 18, 2015 until 
April 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0189]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact LT Douglas Neumann, Waterways Management Division, Coast Guard 
Sector New York, (718) 354-4154, [email protected]. If you 
have questions on viewing or submitting material to the docket, call 
Cheryl Collins, Program Manager, Docket Operations, telephone (202) 
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register

[[Page 16282]]

NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    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 a notice of proposed rulemaking (NPRM) 
with respect to this rule because the safety zone is required for an 
emergency response to escort the vessel into port after a shipboard 
fire, for which the Coast Guard had no advance notice. Therefore 
publishing an NPRM and taking public comments prior to issuing a rule 
would be impracticable and contrary to the public interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, delaying the effective date of this rule would 
be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231; 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define regulatory safety 
zones.
    On March 17, 2015 U.S. Coast Guard Sector New York was made aware 
that the M/V Grey Shark intended to enter the Port of New York after 
suffering a shipboard fire and encountering rough weather. The M/V Grey 
Shark was placed under tow and escorted by the Coast Guard Cutter 
Seneca to Gravesend Bay Anchorage at the mouth of the Port of New York 
until the vessel proceeds to its final destination to safely mitigate 
the fire and ongoing damage control operations. After examination of 
the facts by Coast Guard personnel, it was determined by the Captain of 
the Port (COTP), Sector New York, that Coast Guard emergency response 
was necessary to protect the public and environment from a potential 
hazard to navigation.

C. Discussion of the Temporary Final Rule

    For the reasons discussed above, the COTP is establishing a 
temporary safety zone of 150 yards around the M/V Grey Shark as the 
vessel proceeds to its final destination to safely mitigate the fire 
and ongoing damage control operations. No vessel may enter, transit, 
moor, or anchor within safety zone during the period of enforcement 
unless authorized by the COTP or designated representative. The COTP 
will cause public notifications to be made by all appropriate means 
including but not limited to Broadcast Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The safety zone will be 
relatively short in duration and covers only a small portion of the 
navigable waterways. Furthermore, vessels may transit the navigable 
waterway outside of the safety zone. Moreover, vessels desiring entry 
into the safety zone may be authorized to do so by the COTP or a COTP's 
designated representative. Advanced public notifications will also be 
made to the local maritime community by Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The 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.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in Gravesend Bay Anchorage.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone would be activated, and thus subject to enforcement, for a 
limited period of time. Vessel traffic could pass safely around the 
safety zone.

3. Assistance for Small Entities

    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, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

[[Page 16283]]

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone. 
This rule 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 are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0189 to read as follows:


Sec.  165.T01-0189  Safety Zone; M/V Grey Shark, New York Harbor.

    (a) Location. The following area is a safety zone: 150 yards from 
the M/V Grey Shark.
    (b) Effective and enforcement period. This rule will be effective 
and enforced from 7:00 p.m. on March 17, 2015 to 11:59 p.m. on April 1, 
2015.
    (c) Definitions. The following definitions apply to this section: A 
``designated representative'' is any Coast Guard commissioned, warrant 
or petty officer of the U.S. Coast Guard who has been designated by the 
COTP, Sector New York, to act on his 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. 
``Official patrol vessels'' may consist of any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessels assigned or approved 
by the COTP Sector New York. In addition, members of the Coast Guard 
Auxiliary may be present to inform vessel operators of this regulation.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) In accordance with the general regulations in 33 CFR 165.23, 
entry into or movement within this zone is prohibited unless authorized 
by the Captain of the Port, New York
    (3) Operators of vessels desiring to enter or operate within the 
safety zone should contact the Sector New York Vessel Traffic Center 
via VHF channel 16 to obtain permission to do so.
    (4) Any vessel given permission to enter or operate in the safety 
zone must comply with all directions given to them by the COTP Sector 
New York or a designated on-scene representative.
    (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.

    Dated: March 18, 2015.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-07139 Filed 3-26-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                                         16281

                                                  the Coast Guard when it is received at                  B. Basis and Purpose                                  DEPARTMENT OF HOMELAND
                                                  the Docket Management Facility. We                                                                            SECURITY
                                                                                                             The Snake Creek Bridge in
                                                  recommend that you include your name
                                                                                                          Islamorada, Florida, owned by the                     Coast Guard
                                                  and a mailing address, an email address,
                                                                                                          Florida Department of Transportation,
                                                  or a phone number in the body of your
                                                                                                          has a vertical clearance of 27 feet in the            33 CFR Part 165
                                                  document so that we can contact you if
                                                                                                          closed position. The normal operating
                                                  we have questions regarding your                                                                              [Docket Number USCG–2015–0189]
                                                                                                          schedule as published in 33 CFR
                                                  submission.
                                                                                                          117.331 is—‘‘The draw of the Snake                    RIN 1625–AA00
                                                     To submit your comment online, type                  Creek bridge, at Islamorada, Florida,
                                                  the docket number [USCG–2015–0046]                      shall open on signal, except that from                Safety Zone; Vessel Fire and Escort,
                                                  in the ‘‘SEARCH’’ box and click                         8 a.m. to 4 p.m., the draw need open                  Port of New York, NJ, NY
                                                  ‘‘SEARCH.’’ Click on ‘‘Submit a                         only on the hour and half-hour.’’ This
                                                  Comment’’ on the line associated with                   schedule has been in effect since 2001.               AGENCY:    Coast Guard, DHS.
                                                  this rulemaking. If you submit your                        For the following reasons the Coast                ACTION:   Temporary final rule.
                                                  comments by mail or hand delivery,                      Guard is testing a new schedule for the
                                                  submit them in an unbound format, no                                                                          SUMMARY:   The Coast Guard is
                                                                                                          Snake Creek Bridge:                                   establishing a temporary safety zone on
                                                  larger than 81⁄2 by 11 inches, suitable for                1. As reported by village and city
                                                  copying and electronic filing. If you                                                                         the navigable waters of the Port of New
                                                                                                          councils, vessel traffic has negatively               York for the transit of the M/V GREY
                                                  submit them by mail and would like to                   impacted Islamorada and surrounding
                                                  know that they reached the Facility,                                                                          SHARK. This action is necessary to
                                                                                                          communities. This temporary deviation                 provide for the safety of life on
                                                  please enclose a stamped, self-addressed                is intended to test a new bridge
                                                  postcard or envelope. We will consider                                                                        navigable waters during the transit of
                                                                                                          operation schedule to reduce vehicular                the vessel in distress due to a shipboard
                                                  all comments and material received                      traffic caused by bridge openings during
                                                  during the comment period and may                                                                             fire and ongoing damage control
                                                                                                          peak travel times.                                    operations. Entering into, transiting
                                                  change the rule based on your
                                                  comments.                                                  2. On January 8–10, 2013, the Florida              through, remaining, anchoring or
                                                                                                          Department of Transportation                          mooring within this safety zone is
                                                  2. Viewing Comments and Documents                       conducted a traffic monitoring study                  prohibited unless authorized by the
                                                                                                          1400 feet south of the Snake Creek                    Captain of the Port (COTP) New York.
                                                     To view comments, as well as                         Bridge on US–1. The study found peak                  DATES: This rule is effective without
                                                  documents mentioned in this preamble                    traffic volumes occurring at 08:45 a.m.               actual notice from March 27, 2015 until
                                                  as being available in the docket, go to                 and between 12:15 p.m. and 15:15 p.m.                 April 1, 2015. For the purposes of
                                                  http://www.regulations.gov, type the                       The types of vessels navigating Snake              enforcement, actual notice will be used
                                                  docket number (USCG–2015–0046) in                       Creek include sport fishing vessels and               from the date the rule was signed,
                                                  the ‘‘SEARCH’’ box and click                            catamaran sailboats.                                  March 18, 2015 until April 1, 2015.
                                                  ‘‘SEARCH.’’ Click on Open Docket
                                                                                                             This deviation is effective from 8 a.m.            ADDRESSES: Documents mentioned in
                                                  Folder on the line associated with this
                                                                                                          on March 16, 2015 until 6 p.m. on July                this preamble are part of docket [USCG–
                                                  rulemaking. You may also visit the
                                                                                                          14, 2015. This deviation will allow the               2015–0189]. To view documents
                                                  Docket Management Facility in Room
                                                                                                          Snake Creek Bridge in Islamorada,                     mentioned in this preamble as being
                                                  W12–140 on the ground floor of the
                                                                                                          Florida to open on the top of the hour                available in the docket, go to http://
                                                  Department of Transportation West
                                                                                                          from 8 a.m. to 6 p.m.                                 www.regulations.gov, type the docket
                                                  Building, 1200 New Jersey Avenue SE.,
                                                  Washington, DC 20590, between 9 a.m.                       During the test deviation, vessels may             number in the ‘‘SEARCH’’ box and click
                                                  and 5 p.m., Monday through Friday,                      signal the bridge to open on the top of               ‘‘SEARCH.’’ Click on Open Docket
                                                  except Federal holidays.                                the hour from 8 a.m. to 6 p.m.                        Folder on the line associated with this
                                                                                                             Any vessel that can safely transit                 rulemaking. You may also visit the
                                                  3. Privacy Act                                          under the Snake Creek Bridge while                    Docket Management Facility in Room
                                                                                                          closed may continue to navigate under                 W12–140 on the ground floor of the
                                                    Anyone can search the electronic                      the bridge during this deviation.                     Department of Transportation West
                                                  form of comments received into any of                                                                         Building, 1200 New Jersey Avenue SE.,
                                                  our dockets by the name of the                             As an alternate route, vessel operators
                                                                                                          may consider the use of Channel Five,                 Washington, DC 20590, between 9 a.m.
                                                  individual submitting the comment (or                                                                         and 5 p.m., Monday through Friday,
                                                  signing the comment, if submitted on                    a navigable channel above Long Key,
                                                                                                          Florida 5.7 nautical miles southwest of               except Federal holidays.
                                                  behalf of an association, business, labor                                                                     FOR FURTHER INFORMATION CONTACT: If
                                                  union, etc.). You may review a Privacy                  Snake Creek Bridge. The fixed US–1
                                                                                                          bridge has a vertical clearance of 65 feet.           you have questions on this rule, contact
                                                  Act notice regarding our public dockets                                                                       LT Douglas Neumann, Waterways
                                                  in the January 17, 2008, issue of the                      In accordance with 33 CFR 117.35(e),
                                                                                                          the drawbridge must return to its regular             Management Division, Coast Guard
                                                  Federal Register (73 FR 3316).                                                                                Sector New York, (718) 354–4154,
                                                                                                          operating schedule immediately at the
                                                  4. Public Meeting                                       end of this temporary deviation’s                     Douglas.W.Neumann@uscg.mil. If you
                                                                                                          effective period. This deviation from the             have questions on viewing or submitting
                                                     As of now, we do not plan to hold a                  operating regulations is authorized                   material to the docket, call Cheryl
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  public meeting. You may submit a                        under 33 CFR 117.35.                                  Collins, Program Manager, Docket
                                                  request for one using one of the three                                                                        Operations, telephone (202) 366–9826.
                                                  methods specified under ADDRESSES.                        Dated: March 6, 2015.
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                  Please explain why one would be                         Barry Dragon,
                                                  beneficial. If we determine that one                    U.S. Coast Guard, Bridge Administrator,               Table of Acronyms
                                                  would aid this rulemaking, we will hold                 Seventh Coast Guard District.
                                                                                                                                                                COTP Captain of the Port
                                                  one at a time and place announced by                    [FR Doc. 2015–06949 Filed 3–26–15; 8:45 am]           DHS Department of Homeland Security
                                                  a later notice in the Federal Register.                 BILLING CODE 9110–04–P                                FR Federal Register



                                             VerDate Sep<11>2014   16:44 Mar 26, 2015   Jkt 235001   PO 00000   Frm 00031   Fmt 4700   Sfmt 4700   E:\FR\FM\27MRR1.SGM   27MRR1


                                                  16282               Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations

                                                  NPRM     Notice of Proposed Rulemaking                  C. Discussion of the Temporary Final                  significant economic impact on a
                                                                                                          Rule                                                  substantial number of small entities.
                                                  A. Regulatory History and Information
                                                                                                            For the reasons discussed above, the                  This rule would affect the following
                                                     The Coast Guard is issuing this                      COTP is establishing a temporary safety               entities, some of which might be small
                                                  temporary final rule without prior                      zone of 150 yards around the M/V Grey                 entities: The owners or operators of
                                                  notice and opportunity to comment                       Shark as the vessel proceeds to its final             vessels intending to transit or anchor in
                                                  pursuant to authority under section 4(a)                destination to safely mitigate the fire               Gravesend Bay Anchorage.
                                                  of the Administrative Procedure Act                     and ongoing damage control operations.                  This safety zone would not have a
                                                  (APA) (5 U.S.C. 553(b)). This provision                 No vessel may enter, transit, moor, or                significant economic impact on a
                                                  authorizes an agency to issue a rule                    anchor within safety zone during the
                                                                                                                                                                substantial number of small entities for
                                                  without prior notice and opportunity to                 period of enforcement unless authorized
                                                                                                                                                                the following reasons. This safety zone
                                                  comment when the agency for good                        by the COTP or designated
                                                                                                                                                                would be activated, and thus subject to
                                                  cause finds that those procedures are                   representative. The COTP will cause
                                                                                                                                                                enforcement, for a limited period of
                                                  ‘‘impracticable, unnecessary, or contrary               public notifications to be made by all
                                                                                                          appropriate means including but not                   time. Vessel traffic could pass safely
                                                  to the public interest.’’ Under 5 U.S.C.
                                                                                                          limited to Broadcast Notice to Mariners.              around the safety zone.
                                                  553(b)(B), the Coast Guard finds that
                                                  good cause exists for not publishing a                  D. Regulatory Analyses                                3. Assistance for Small Entities
                                                  notice of proposed rulemaking (NPRM)
                                                  with respect to this rule because the                     We developed this rule after                           Under section 213(a) of the Small
                                                  safety zone is required for an emergency                considering numerous statutes and                     Business Regulatory Enforcement
                                                  response to escort the vessel into port                 executive orders related to rulemaking.               Fairness Act of 1996 (Pub. L. 104–121),
                                                  after a shipboard fire, for which the                   Below we summarize our analyses                       we want to assist small entities in
                                                  Coast Guard had no advance notice.                      based on these statutes and executive                 understanding this rule. If the rule
                                                  Therefore publishing an NPRM and                        orders.                                               would affect your small business,
                                                  taking public comments prior to issuing                 1. Regulatory Planning and Review                     organization, or governmental
                                                  a rule would be impracticable and                                                                             jurisdiction and you have questions
                                                                                                             This rule is not a significant                     concerning its provisions or options for
                                                  contrary to the public interest.
                                                                                                          regulatory action under section 3(f) of               compliance, please contact the person
                                                     Under 5 U.S.C. 553(d)(3), the Coast                  Executive Order 12866, Regulatory
                                                  Guard finds that good cause exists for                                                                        listed in the FOR FURTHER INFORMATION
                                                                                                          Planning and Review, as supplemented
                                                                                                                                                                CONTACT, above.
                                                  making this rule effective less than 30                 by Executive Order 13563, Improving
                                                  days after publication in the Federal                   Regulation and Regulatory Review, and                    Small businesses may send comments
                                                  Register. For the same reasons                          does not require an assessment of                     on the actions of Federal employees
                                                  discussed in the preceding paragraph,                   potential costs and benefits under                    who enforce, or otherwise determine
                                                  delaying the effective date of this rule                section 6(a)(3) of Executive Order 12866              compliance with, Federal regulations to
                                                  would be impracticable and contrary to                  or under section 1 of Executive Order                 the Small Business and Agriculture
                                                  the public interest.                                    13563. The Office of Management and                   Regulatory Enforcement Ombudsman
                                                                                                          Budget has not reviewed it under those                and the Regional Small Business
                                                  B. Basis and Purpose                                    Orders.                                               Regulatory Fairness Boards. The
                                                     The legal basis for this temporary rule                 The Coast Guard determined that this               Ombudsman evaluates these actions
                                                  is 33 U.S.C. 1231; 46 U.S.C. Chapter                    rule is not a significant regulatory action           annually and rates each agency’s
                                                  701, 3306, 3703; 50 U.S.C. 191, 195; 33                 for the following reasons: The safety                 responsiveness to small business. If you
                                                  CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                  zone will be relatively short in duration             wish to comment on actions by
                                                  Public Law 107–295, 116 Stat. 2064;                     and covers only a small portion of the                employees of the Coast Guard, call 1–
                                                  Department of Homeland Security                         navigable waterways. Furthermore,                     888–REG–FAIR (1–888–734–3247). The
                                                  Delegation No. 0170.1, which                            vessels may transit the navigable                     Coast Guard will not retaliate against
                                                  collectively authorize the Coast Guard                  waterway outside of the safety zone.                  small entities that question or complain
                                                  to define regulatory safety zones.                      Moreover, vessels desiring entry into the             about this rule or any policy or action
                                                                                                          safety zone may be authorized to do so                of the Coast Guard.
                                                     On March 17, 2015 U.S. Coast Guard                   by the COTP or a COTP’s designated
                                                  Sector New York was made aware that                     representative. Advanced public                       4. Collection of Information
                                                  the M/V Grey Shark intended to enter                    notifications will also be made to the
                                                  the Port of New York after suffering a                                                                          This rule will not call for a new
                                                                                                          local maritime community by Broadcast
                                                  shipboard fire and encountering rough                                                                         collection of information under the
                                                                                                          Notice to Mariners.
                                                  weather. The M/V Grey Shark was                                                                               Paperwork Reduction Act of 1995 (44
                                                  placed under tow and escorted by the                    2. Impact on Small Entities                           U.S.C. 3501–3520).
                                                  Coast Guard Cutter Seneca to Gravesend                     The Regulatory Flexibility Act of 1980             5. Federalism
                                                  Bay Anchorage at the mouth of the Port                  (RFA), 5 U.S.C. 601–612, as amended,
                                                  of New York until the vessel proceeds                   requires federal agencies to consider the                A rule has implications for federalism
                                                  to its final destination to safely mitigate             potential impact of regulations on small              under Executive Order 13132,
                                                  the fire and ongoing damage control                     entities during rulemaking. The term                  Federalism, if it has a substantial direct
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  operations. After examination of the                    ‘‘small entities’’ comprises small                    effect on the States, on the relationship
                                                  facts by Coast Guard personnel, it was                  businesses, not-for-profit organizations              between the national government and
                                                  determined by the Captain of the Port                   that are independently owned and                      the States, or on the distribution of
                                                  (COTP), Sector New York, that Coast                     operated and are not dominant in their                power and responsibilities among the
                                                  Guard emergency response was                            fields, and governmental jurisdictions                various levels of government. We have
                                                  necessary to protect the public and                     with populations of less than 50,000.                 analyzed this rule under that Order and
                                                  environment from a potential hazard to                  The Coast Guard certifies under 5 U.S.C.              determined that this rule does not have
                                                  navigation.                                             605(b) that this rule will not have a                 implications for federalism.


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                                                                      Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                                               16283

                                                  6. Protest Activities                                   That Significantly Affect Energy Supply,              ‘‘designated representative’’ is any Coast
                                                                                                          Distribution, or Use.                                 Guard commissioned, warrant or petty
                                                    The Coast Guard respects the First
                                                                                                                                                                officer of the U.S. Coast Guard who has
                                                  Amendment rights of protesters.                         13. Technical Standards
                                                                                                                                                                been designated by the COTP, Sector
                                                  Protesters are asked to contact the                       This rule does not use technical                    New York, to act on his behalf. The
                                                  person listed in the FOR FURTHER                        standards. Therefore, we did not                      designated representative may be on an
                                                  INTFORMATION CONTACT section to                         consider the use of voluntary consensus               official patrol vessel or may be on shore
                                                  coordinate protest activities so that your              standards.                                            and will communicate with vessels via
                                                  message can be received without
                                                                                                          14. Environment                                       VHF–FM radio or loudhailer. ‘‘Official
                                                  jeopardizing the safety or security of
                                                                                                                                                                patrol vessels’’ may consist of any Coast
                                                  people, places or vessels.                                 We have analyzed this rule under                   Guard, Coast Guard Auxiliary, state, or
                                                  7. Unfunded Mandates Reform Act                         Department of Homeland Security
                                                                                                                                                                local law enforcement vessels assigned
                                                                                                          Management Directive 023–01 and
                                                    The Unfunded Mandates Reform Act                                                                            or approved by the COTP Sector New
                                                                                                          Commandant Instruction M16475.lD,
                                                  of 1995 (2 U.S.C. 1531–1538) requires                                                                         York. In addition, members of the Coast
                                                                                                          which guide the Coast Guard in
                                                  Federal agencies to assess the effects of                                                                     Guard Auxiliary may be present to
                                                                                                          complying with the National
                                                  their discretionary regulatory actions. In                                                                    inform vessel operators of this
                                                                                                          Environmental Policy Act of 1969
                                                  particular, the Act addresses actions                                                                         regulation.
                                                                                                          (NEPA)(42 U.S.C. 4321–4370f), and                        (d) Regulations. (1) The general
                                                  that may result in the expenditure by a                 have determined that this action is one               regulations contained in 33 CFR 165.23
                                                  State, local, or tribal government, in the              of a category of actions that do not
                                                                                                                                                                apply.
                                                  aggregate, or by the private sector of                  individually or cumulatively have a                      (2) In accordance with the general
                                                  $100,000,000 (adjusted for inflation) or                significant effect on the human                       regulations in 33 CFR 165.23, entry into
                                                  more in any one year. Though this rule                  environment. This rule involves the                   or movement within this zone is
                                                  will not result in such an expenditure,                 establishment of a safety zone. This rule             prohibited unless authorized by the
                                                  we do discuss the effects of this rule                  is categorically excluded from further                Captain of the Port, New York
                                                  elsewhere in this preamble.                             review under paragraph 34(g) of Figure                   (3) Operators of vessels desiring to
                                                                                                          2–1 of the Commandant Instruction. An                 enter or operate within the safety zone
                                                  8. Taking of Private Property
                                                                                                          environmental analysis checklist                      should contact the Sector New York
                                                    This rule will not cause a taking of                  supporting this determination and a                   Vessel Traffic Center via VHF channel
                                                  private property or otherwise have                      Categorical Exclusion Determination are               16 to obtain permission to do so.
                                                  taking implications under Executive                     available in the docket where indicated                  (4) Any vessel given permission to
                                                  Order 12630, Governmental Actions and                   under ADDRESSES. We seek any                          enter or operate in the safety zone must
                                                  Interference with Constitutionally                      comments or information that may lead                 comply with all directions given to
                                                  Protected Property Rights.                              to the discovery of a significant                     them by the COTP Sector New York or
                                                                                                          environmental impact from this rule.                  a designated on-scene representative.
                                                  9. Civil Justice Reform
                                                                                                          List of Subjects in 33 CFR Part 165                      (5) Upon being hailed by a U.S. Coast
                                                    This rule meets applicable standards                                                                        Guard vessel by siren, radio, flashing
                                                  in sections 3(a) and 3(b)(2) of Executive                 Harbors, Marine safety, Navigation
                                                                                                                                                                light or other means, the operator of the
                                                  Order 12988, Civil Justice Reform, to                   (water), Reporting and recordkeeping
                                                                                                                                                                vessel shall proceed as directed.
                                                  minimize litigation, eliminate                          requirements, Security measures,
                                                                                                          Waterways.                                              Dated: March 18, 2015.
                                                  ambiguity, and reduce burden.
                                                                                                            For the reasons discussed in the                    G. Loebl,
                                                  10. Protection of Children                              preamble, the Coast Guard amends 33                   Captain, U.S. Coast Guard, Captain of the
                                                    We have analyzed this rule under                      CFR part 165 as follows:                              Port New York.
                                                  Executive Order 13045, Protection of                                                                          [FR Doc. 2015–07139 Filed 3–26–15; 8:45 am]
                                                  Children from Environmental Health                      PART 165—REGULATED NAVIGATION                         BILLING CODE 9110–04–P
                                                  Risks and Safety Risks. This rule is not                AREAS AND LIMITED ACCESS AREAS
                                                  an economically significant rule and
                                                                                                          ■ 1. The authority citation for part 165              DEPARTMENT OF HOMELAND
                                                  does not create an environmental risk to
                                                                                                          continues to read as follows:                         SECURITY
                                                  health or risk to safety that may
                                                  disproportionately affect children.                       Authority: 33 U.S.C. 1231; 46 U.S.C.
                                                                                                          Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;          Coast Guard
                                                  11. Indian Tribal Governments                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                          Pub. L. 107–295, 116 Stat. 2064; and                  33 CFR Part 165
                                                     This rule does not have tribal                       Department of Homeland Security Delegation
                                                  implications under Executive Order                      No. 0170.1.                                           [Docket No. USCG–2015–0067]
                                                  13175, Consultation and Coordination
                                                                                                          ■ 2. Add § 165.T01–0189 to read as                    Annual Safety Zones in the Eighth
                                                  with Indian Tribal Governments,
                                                                                                          follows:                                              Coast Guard District
                                                  because it does not have a substantial
                                                  direct effect on one or more Indian                     § 165.T01–0189 Safety Zone; M/V Grey                  AGENCY:  Coast Guard, DHS.
                                                  tribes, on the relationship between the                 Shark, New York Harbor.                               ACTION: Notice of enforcement of
                                                  Federal Government and Indian tribes,                     (a) Location. The following area is a               regulation.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  or on the distribution of power and                     safety zone: 150 yards from the M/V
                                                  responsibilities between the Federal                    Grey Shark.                                           SUMMARY:  The Coast Guard will enforce
                                                  Government and Indian tribes.                             (b) Effective and enforcement period.               the RiverFest fireworks safety zone on
                                                                                                          This rule will be effective and enforced              the Neches River in Port Neches, TX
                                                  12. Energy Effects
                                                                                                          from 7:00 p.m. on March 17, 2015 to                   from 8:30 p.m. until 9:30 p.m. on May
                                                    This action is not a ‘‘significant                    11:59 p.m. on April 1, 2015.                          2, 2015. This action is necessary to
                                                  energy action’’ under Executive Order                     (c) Definitions. The following                      protect persons from the hazards
                                                  13211, Actions Concerning Regulations                   definitions apply to this section: A                  associated with a fireworks display.


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Document Created: 2015-12-18 11:36:01
Document Modified: 2015-12-18 11:36:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from March 27, 2015 until April 1, 2015. For the purposes of enforcement, actual notice will be used from the date the rule was signed, March 18, 2015 until April 1, 2015.
ContactIf you have questions on this rule, contact LT Douglas Neumann, Waterways Management Division, Coast Guard Sector New York, (718) 354-4154, [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 16281 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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