80_FR_38525 80 FR 38397 - Special Local Regulation; L'HERMIONE Parade, Upper New York Bay and Lower Hudson River, New York, NY

80 FR 38397 - Special Local Regulation; L'HERMIONE Parade, Upper New York Bay and Lower Hudson River, New York, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range38397-38400
FR Document2015-16506

The Coast Guard is establishing a Special Local Regulation on the navigable waters of the Upper New York Bay and Lower Hudson River, NY for the tall ship L'HERMIONE boat parade. This Special Local Regulation allows the Coast Guard to enforce restrictions on all vessel traffic through the Special Local Regulation during the L'HERMIONE boat parade, both planned and unforeseen, that 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 during the parade of ships. The Coast Guard is issuing this temporary rule due to the exigent circumstances and invites comments to modify or amend the rule, as necessary.

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Rules and Regulations]
[Pages 38397-38400]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16506]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2015-0457]
RIN 1625-AA08


Special Local Regulation; L'HERMIONE Parade, Upper New York Bay 
and Lower Hudson River, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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

SUMMARY: The Coast Guard is establishing a Special Local Regulation on 
the navigable waters of the Upper New York Bay and Lower Hudson River, 
NY for the tall ship L'HERMIONE boat parade. This Special Local 
Regulation allows the Coast Guard to enforce restrictions on all vessel 
traffic through the Special Local Regulation during the L'HERMIONE boat 
parade, both planned and unforeseen, that 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 during the 
parade of ships. The Coast Guard is issuing this temporary rule due to 
the exigent circumstances and invites comments to modify or amend the 
rule, as necessary.

DATES: This rule is effective and will be enforced from 6 a.m. to 3 
p.m. on July 4, 2015.
    Comments and related material may be received by the Coast Guard 
throughout the effective period.
    Requests for public meetings must be received by the Coast Guard on 
or before July 27, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2015-0457. 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.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT:  If you have questions on this rule, 
contact Lieutenant Douglas Neumann, Waterways Management Division at 
Coast Guard Sector New York, telephone 718-354-4154 or email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Ms. 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
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this proposed 
rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit

[[Page 38398]]

comments by mail and would like to know that they reached the Facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0457) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We currently do not plan to hold a public meeting. You may, 
however, submit a request for one, using one of the methods specified 
under ADDRESSES. Please explain why you believe a public meeting would 
be beneficial. If we determine that one would aid in this rulemaking, 
we will hold one at a time and place announced by a later notice in the 
Federal Register.

B. Regulatory History and Information

    The Coast Guard is issuing this temporary interim rule without 
prior notice through an NPRM 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 the event sponsors were late in submitting the marine event 
application. The Coast Guard will, however, consider comments in 
issuing a subsequent temporary interim rule or temporary final rule.
    This late submission did not give the Coast Guard enough time to 
publish an NPRM, take public comments, and issue a final rule before 
the parade, since the final submission was received on May 13, 2015. It 
would be impracticable and contrary to the public interest to delay 
promulgating this rule, as it is necessary to protect the safety of 
waterway users. At any time, the Coast Guard may publish an amended 
rule if necessary to address public concerns.
    For the same reasons mentioned above, 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.

C. Basis and Purpose

    Under the Ports and Waterways Safety Act, 33 U.S.C. 1231, 1233; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Department of 
Homeland Security Delegation No. 0170.1, the Coast Guard has the 
authority to establish Special Local Regulations in defined water areas 
that are determined to have hazardous conditions and in which vessel 
traffic can be regulated in the interest of safety.
    This rule is prompted by the navigation safety situation created by 
highly concentrated boat parade through a highly-trafficked harbor.
    The purpose of this rulemaking is to provide for safety on the 
navigable waters in the regulated area during the parade.

D. Discussion of the Interim Rule

    The Coast Guard is establishing a Special Local Regulation on the 
navigable waters of the Upper New York Bay and Lower Hudson River. This 
Special Local Regulation allows the Coast Guard to enforce restrictions 
on all vessel traffic through the parade route during the L'HERMIONE 
Parade, both planned and unforeseen, that could pose an imminent hazard 
to persons and vessels operating in the area. All vessels participating 
in the parade must proceed at five knots and display a flag that is 
blue in color. Parade vessels are required to be power driven. Sailing 
vessels may hoist sails, but are required to be power driven. All 
vessels must have the ability to communicate of VHF Frequency channel 
8. Parade vessels must keep a distance of 50 yards from the L'HERMIONE 
at all times, unless authorized by the COTP or a designated 
representative. All vessels not participating in the parade but viewing 
the parade must keep a distance of 250 yards from the parade 
participants and not interfere with marine traffic. Human-powered 
vessels, such as kayaks and canoes, will not be considered participants 
in the parade, nor will they be allowed to enter the formation of the 
parade.

E. 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 proposed 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 rulemaking will not be a 
significant regulatory action for the following reasons: vessel traffic 
will only be restricted for limited durations and the Special Local 
Regulation covers only a small portion of the navigable waterway. 
Advanced public notifications will also be made to local mariners 
through appropriate means, which could include, but would not be 
limited to, Local Notice to Mariners and 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 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 will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to enter 
or transit within the parade route during a vessel restriction period.
    The Special Local Regulation would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: the Special Local Regulation would be of limited size and any 
waterway closure of short duration. Additionally before the effective 
period of a waterway closure, advanced public notifications will be

[[Page 38399]]

made to local mariners through appropriate means, which could include, 
but would not be limited to, Local Notice to Mariners and Broadcast 
Notice to Mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

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 
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.

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 proposed rule would 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 would 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 From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
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 would 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 rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 restricting vessel movement within an 
area. 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 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 100

    Safety of life in the regatta or marine parade area.

    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.  100.35T01-0457 to read as follows:

[[Page 38400]]

Sec.  100.35T01-0457  Special Local Regulation; L'HERMIONE Parade, 
Upper New York Bay and Lower Hudson River, New York, NY

    (a) Location. The following area is a Special Local Regulation: All 
navigable waters, from the Verrazano Bridge North to the East side of 
the Statue of Liberty and north to Pier 92 on the Hudson River.
    (b) Regulations. (1) The provisions of the general regulations for 
regulated navigation areas contained in 33 CFR 165.11 and 165.13 apply 
to the parade route specified in this Special Local Regulation.
    (2) In accordance with the general regulations, entry into or 
movement within this zone, during periods of enforcement, is prohibited 
unless authorized by the COTP Sector New York or a designated 
representative.
    (3) Persons and vessels may request permission to enter the parade 
route by contacting the COTP or one of the COTP's on-scene 
representatives on VHF-16 or via phone at 718-354-4353.
    (4) During periods of enforcement, all vessels participating in the 
parade must proceed at five knots or at such speed dictated by the 
event organizers. Vessels participating in the parade must display a 
flag that is blue in color and are required to be power driven. Sailing 
vessels may hoist sails, but are required to be power driven and must 
maneuver as power driven vessels. All vessels must have the ability to 
communicate on VHF Frequency channel 8. Vessels must keep a distance of 
50 yards from the L'HERMIONE at all times unless authorized by the COTP 
or a designated representative. All vessels not participating in the 
parade but viewing the parade must keep a distance of 250 yards from 
the parade participants and not interfere with marine traffic. Human 
power vessels, such as kayaks and canoes will not be considered 
participants in the parade, nor will they be allowed to enter the 
formation of the parade.
    (5) Vessels must comply with all directions given to them by the 
COTP or one of the COTP's on-scene representatives. The ``on-scene 
representative'' of the COTP is any Coast Guard commissioned, warrant 
or petty officer who has been designated by the COTP to act on the 
COTP's behalf. An on-scene representative may be on a Coast Guard 
vessel, private vessel, or may be on shore and communicating with 
vessels via VHF-FM radio or loudhailer. Members of the Coast Guard 
Auxiliary may be present to inform vessel operators of this regulation.
    (6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel must proceed 
as directed.
    (7) All other relevant regulations, including but not limited to 
the Rules of the Road (33 CFR 84--Subchapter E, Inland Navigational 
Rules) remain in effect within the regulated area and must be strictly 
followed at all times.
    (c) Enforcement period. This regulation is enforceable from 6 a.m. 
on July 4, 2015 until 3 p.m. on July 4, 2015.
    (1) Prior to commencing or suspending enforcement of this 
regulation, the COTP will give notice by appropriate means to inform 
the affected segments of the public, to include dates and times. Such 
means of notification will include constructive notice by publication 
in the Federal Register, actual notice, as well as Broadcast Notice to 
Mariners and Local Notice to Mariners.
    (2) Violations of this Special Local Regulation may be reported to 
the COTP at 718-354-4353 or on VHF-Channel 16.

    Dated: June 8, 2015.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-16506 Filed 7-2-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations                                                38397

                                               No.              Date                        Event                    Sponsor                                            Location

                                                                                                    (a.) Coast Guard Sector Delaware Bay—COTP Zone

                                           15 .......    July 9th10th ........      New Jersey Offshore       Offshore Performance        The waters of the Manasquan River from the New York and Long
                                                                                      Grand Prix.               Assn. & New Jer-            Branch Railroad Bridge to Manasquan Inlet, together- with all of
                                                                                                                sey Offshore Rac-           the navigable waters of the United States from Asbury Park,
                                                                                                                ing Assn.                   New Jersey, latitude 40°14′00″ N; southward to Seaside Park,
                                                                                                                                            New Jersey latitude 39°55′00″ N, from the New Jersey shore-
                                                                                                                                            line seaward to the limits of the Territorial Sea. The race course
                                                                                                                                            area extends from Asbury Park to Seaside Park from the
                                                                                                                                            shoreline, seaward to a distance of 8.4 nautical miles.



                                           *         *     *       *       *                               Requests for public meetings must be               SUPPLEMENTARY INFORMATION:
                                             Dated: June 30, 2015.                                      received by the Coast Guard on or before
                                                                                                                                                              Table of Acronyms
                                           B.A. Cooper,
                                                                                                        July 27, 2015.
                                                                                                        ADDRESSES: Documents mentioned in                     COTP Captain of the Port
                                           Captain, U.S. Coast Guard, Captain of the                                                                          DHS Department of Homeland Security
                                           Port Delaware Bay.                                           this preamble are part of Docket Number
                                                                                                                                                              FR Federal Register
                                           [FR Doc. 2015–16504 Filed 7–2–15; 8:45 am]
                                                                                                        USCG–2015–0457. To view documents                     NPRM Notice of Proposed Rulemaking
                                                                                                        mentioned in this preamble as being
                                           BILLING CODE 9110–04–P
                                                                                                        available in the docket, go to http://                A. Public Participation and Request for
                                                                                                        www.regulations.gov, type the docket                  Comments
                                           DEPARTMENT OF HOMELAND                                       number in the ‘‘SEARCH’’ box and click                  We encourage you to participate in
                                           SECURITY                                                     ‘‘SEARCH.’’ Click on ‘‘Open Docket                    this rulemaking by submitting
                                                                                                        Folder’’ on the line associated with this             comments and related materials. All
                                           Coast Guard                                                  rulemaking. You may also visit the                    comments received will be posted
                                                                                                        Docket Management Facility in Room                    without change to http://
                                           33 CFR Part 100                                              W12–140 on the ground floor of the                    www.regulations.gov and will include
                                                                                                        Department of Transportation West                     any personal information you have
                                           [Docket No. USCG–2015–0457]                                  Building, 1200 New Jersey Avenue SE.,                 provided.
                                                                                                        Washington, DC 20590, between 9 a.m.
                                                                                                        and 5 p.m., Monday through Friday,                    1. Submitting Comments
                                           RIN 1625–AA08
                                                                                                        except Federal holidays.                                 If you submit a comment, please
                                           Special Local Regulation;                                       You may submit comments, identified                include the docket number for this
                                           L’HERMIONE Parade, Upper New York                            by docket number, using any one of the                rulemaking, indicate the specific section
                                           Bay and Lower Hudson River, New                              following methods:                                    of this document to which each
                                           York, NY                                                        (1) Federal eRulemaking Portal:                    comment applies, and provide a reason
                                                                                                        http://www.regulations.gov.                           for each suggestion or recommendation.
                                           AGENCY:  Coast Guard, DHS.                                      (2) Fax: 202–493–2251.                             You may submit your comments and
                                           ACTION: Temporary interim rule with                             (3) Mail or Delivery: Docket                       material online at http://
                                           request for comments.                                        Management Facility (M–30), U.S.                      www.regulations.gov, or by fax, mail, or
                                                                                                        Department of Transportation, West                    hand delivery, but please use only one
                                           SUMMARY:   The Coast Guard is                                Building Ground Floor, Room W12–140,                  of these means. If you submit a
                                           establishing a Special Local Regulation                      1200 New Jersey Avenue SE.,                           comment online, it will be considered
                                           on the navigable waters of the Upper                         Washington, DC 20590–0001. Deliveries                 received by the Coast Guard when you
                                           New York Bay and Lower Hudson River,                         accepted between 9 a.m. and 5 p.m.,                   successfully transmit the comment. If
                                           NY for the tall ship L’HERMIONE boat                         Monday through Friday, except federal                 you fax, hand deliver, or mail your
                                           parade. This Special Local Regulation                        holidays. The telephone number is 202–                comment, it will be considered as
                                           allows the Coast Guard to enforce                            366–9329.                                             having been received by the Coast
                                           restrictions on all vessel traffic through                      See the ‘‘Public Participation and                 Guard when it is received at the Docket
                                           the Special Local Regulation during the                      Request for Comments’’ portion of the                 Management Facility. We recommend
                                           L’HERMIONE boat parade, both planned                         SUPPLEMENTARY INFORMATION section                     that you include your name and a
                                           and unforeseen, that could pose an                           below for further instructions on                     mailing address, an email address, or a
                                           imminent hazard to persons and vessels                       submitting comments. To avoid                         telephone number in the body of your
                                           operating in the area. This rule is                          duplication, please use only one of                   document so that we can contact you if
                                           necessary to provide for the safety of life                  these three methods.                                  we have questions regarding your
                                           on the navigable waters during the                           FOR FURTHER INFORMATION CONTACT: If                   submission.
                                           parade of ships. The Coast Guard is                          you have questions on this rule, contact                 To submit your comment online, go to
                                           issuing this temporary rule due to the                       Lieutenant Douglas Neumann,                           http://www.regulations.gov, type the
                                           exigent circumstances and invites                            Waterways Management Division at                      docket number in the ‘‘SEARCH’’ box
                                           comments to modify or amend the rule,                        Coast Guard Sector New York,                          and click ‘‘SEARCH.’’ Click on ‘‘Submit
                                           as necessary.                                                telephone 718–354–4154 or email                       a Comment’’ on the line associated with
Lhorne on DSK7TPTVN1PROD with RULES




                                           DATES: This rule is effective and will be                    DOUGLASW.NEUMANN@USCG.MIL. If                         this proposed rulemaking.
                                           enforced from 6 a.m. to 3 p.m. on July                       you have questions on viewing or                         If you submit your comments by mail
                                           4, 2015.                                                     submitting material to the docket, call               or hand delivery, submit them in an
                                              Comments and related material may                         Ms. Cheryl Collins, Program Manager,                  unbound format, no larger than 81⁄2 by
                                           be received by the Coast Guard                               Docket Operations, telephone 202–366–                 11 inches, suitable for copying and
                                           throughout the effective period.                             9826.                                                 electronic filing. If you submit


                                      VerDate Sep<11>2014      14:34 Jul 02, 2015    Jkt 235001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\06JYR1.SGM   06JYR1


                                           38398                Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations

                                           comments by mail and would like to                       application. The Coast Guard will,                    the parade must keep a distance of 250
                                           know that they reached the Facility,                     however, consider comments in issuing                 yards from the parade participants and
                                           please enclose a stamped, self-addressed                 a subsequent temporary interim rule or                not interfere with marine traffic.
                                           postcard or envelope. We will consider                   temporary final rule.                                 Human-powered vessels, such as kayaks
                                           all comments and material received                          This late submission did not give the              and canoes, will not be considered
                                           during the comment period and may                        Coast Guard enough time to publish an                 participants in the parade, nor will they
                                           change the rule based on your                            NPRM, take public comments, and issue                 be allowed to enter the formation of the
                                           comments.                                                a final rule before the parade, since the             parade.
                                                                                                    final submission was received on May
                                           2. Viewing Comments and Documents                        13, 2015. It would be impracticable and               E. Regulatory Analyses
                                              To view comments, as well as                          contrary to the public interest to delay                We developed this rule after
                                           documents mentioned in this preamble                     promulgating this rule, as it is necessary            considering numerous statutes and
                                           as being available in the docket, go to                  to protect the safety of waterway users.              executive orders related to rulemaking.
                                           http://www.regulations.gov, type the                     At any time, the Coast Guard may                      Below we summarize our analyses
                                           docket number (USCG–2015–0457) in                        publish an amended rule if necessary to               based on these statutes and executive
                                           the ‘‘SEARCH’’ box and click                             address public concerns.                              orders.
                                           ‘‘SEARCH.’’ Click on Open Docket                            For the same reasons mentioned
                                                                                                                                                          1. Regulatory Planning and Review
                                           Folder on the line associated with this                  above, under 5 U.S.C. 553(d)(3), the
                                           rulemaking. You may also visit the                       Coast Guard finds that good cause exists                 This proposed rule is not a significant
                                           Docket Management Facility in Room                       for making this rule effective less than              regulatory action under section 3(f) of
                                           W12–140 on the ground floor of the                       30 days after publication in the Federal              Executive Order 12866, Regulatory
                                           Department of Transportation West                        Register.                                             Planning and Review, as supplemented
                                           Building, 1200 New Jersey Avenue SE.,                                                                          by Executive Order 13563, Improving
                                                                                                    C. Basis and Purpose                                  Regulation and Regulatory Review, and
                                           Washington, DC 20590, between 9 a.m.
                                           and 5 p.m., Monday through Friday,                         Under the Ports and Waterways Safety                does not require an assessment of
                                           except Federal holidays.                                 Act, 33 U.S.C. 1231, 1233; 50 U.S.C.                  potential costs and benefits under
                                                                                                    191; 33 CFR 1.05–1, 6.04–1, 6.04–6 and                section 6(a)(3) of Executive Order 12866
                                           3. Privacy Act                                           160.5; Department of Homeland                         or under section 1 of Executive Order
                                              Anyone can search the electronic                      Security Delegation No. 0170.1, the                   13563. The Office of Management and
                                           form of comments received into any of                    Coast Guard has the authority to                      Budget has not reviewed it under those
                                           our dockets by the name of the                           establish Special Local Regulations in                Orders.
                                           individual submitting the comment (or                    defined water areas that are determined                  The Coast Guard determined that this
                                           signing the comment, if submitted on                     to have hazardous conditions and in                   rulemaking will not be a significant
                                           behalf of an association, business, labor                which vessel traffic can be regulated in              regulatory action for the following
                                           union, etc.). You may review a Privacy                   the interest of safety.                               reasons: vessel traffic will only be
                                           Act notice regarding our public dockets                    This rule is prompted by the                        restricted for limited durations and the
                                           in the January 17, 2008, issue of the                    navigation safety situation created by                Special Local Regulation covers only a
                                           Federal Register (73 FR 3316).                           highly concentrated boat parade through               small portion of the navigable
                                                                                                    a highly-trafficked harbor.                           waterway. Advanced public
                                           4. Public Meeting                                          The purpose of this rulemaking is to                notifications will also be made to local
                                              We currently do not plan to hold a                    provide for safety on the navigable                   mariners through appropriate means,
                                           public meeting. You may, however,                        waters in the regulated area during the               which could include, but would not be
                                           submit a request for one, using one of                   parade.                                               limited to, Local Notice to Mariners and
                                           the methods specified under ADDRESSES.                                                                         Broadcast Notice to Mariners.
                                                                                                    D. Discussion of the Interim Rule
                                           Please explain why you believe a public
                                                                                                       The Coast Guard is establishing a                  2. Impact on Small Entities
                                           meeting would be beneficial. If we
                                           determine that one would aid in this                     Special Local Regulation on the                          The Regulatory Flexibility Act of 1980
                                           rulemaking, we will hold one at a time                   navigable waters of the Upper New York                (RFA), 5 U.S.C. 601–612, as amended,
                                           and place announced by a later notice                    Bay and Lower Hudson River. This                      requires federal agencies to consider the
                                           in the Federal Register.                                 Special Local Regulation allows the                   potential impact of regulations on small
                                                                                                    Coast Guard to enforce restrictions on                entities during rulemaking. The Coast
                                           B. Regulatory History and Information                    all vessel traffic through the parade                 Guard certifies under 5 U.S.C. 605(b)
                                              The Coast Guard is issuing this                       route during the L’HERMIONE Parade,                   that this rule will not have a significant
                                           temporary interim rule without prior                     both planned and unforeseen, that could               economic impact on a substantial
                                           notice through an NPRM pursuant to                       pose an imminent hazard to persons and                number of small entities. This rule will
                                           authority under section 4(a) of the                      vessels operating in the area. All vessels            affect the following entities, some of
                                           Administrative Procedure Act (APA) (5                    participating in the parade must                      which may be small entities: the owners
                                           U.S.C. 553(b)). This provision                           proceed at five knots and display a flag              or operators of vessels intending to enter
                                           authorizes an agency to issue a rule                     that is blue in color. Parade vessels are             or transit within the parade route during
                                           without prior notice and opportunity to                  required to be power driven. Sailing                  a vessel restriction period.
                                           comment when the agency for good                         vessels may hoist sails, but are required                The Special Local Regulation would
                                           cause finds that those procedures are                    to be power driven. All vessels must                  not have a significant economic impact
                                           ‘‘impracticable, unnecessary, or contrary                have the ability to communicate of VHF                on a substantial number of small entities
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                                           to the public interest.’’ Under 5 U.S.C.                 Frequency channel 8. Parade vessels                   for the following reasons: the Special
                                           553(b)(B), the Coast Guard finds that                    must keep a distance of 50 yards from                 Local Regulation would be of limited
                                           good cause exists for not publishing an                  the L’HERMIONE at all times, unless                   size and any waterway closure of short
                                           NPRM with respect to this rule because                   authorized by the COTP or a designated                duration. Additionally before the
                                           the event sponsors were late in                          representative. All vessels not                       effective period of a waterway closure,
                                           submitting the marine event                              participating in the parade but viewing               advanced public notifications will be


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                                                                Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations                                           38399

                                           made to local mariners through                           6. Protest Activities                                 Actions Concerning Regulations That
                                           appropriate means, which could                              The Coast Guard respects the First                 Significantly Affect Energy Supply,
                                           include, but would not be limited to,                    Amendment rights of protesters.                       Distribution, or Use because it is not a
                                           Local Notice to Mariners and Broadcast                   Protesters are asked to contact the                   ‘‘significant regulatory action’’ under
                                           Notice to Mariners.                                      person listed in the FOR FURTHER                      Executive Order 12866 and is not likely
                                             If you think that your business,                       INFORMATION CONTACT section to                        to have a significant adverse effect on
                                           organization, or governmental                            coordinate protest activities so that your            the supply, distribution, or use of
                                           jurisdiction qualifies as a small entity                 message can be received without                       energy. The Administrator of the Office
                                           and that this rule would have a                          jeopardizing the safety or security of                of Information and Regulatory Affairs
                                           significant economic impact on it,                       people, places or vessels.                            has not designated it as a significant
                                           please submit a comment (see                             7. Unfunded Mandates Reform Act                       energy action. Therefore, it does not
                                           ADDRESSES) explaining why you think it                                                                         require a Statement of Energy Effects
                                           qualifies and how and to what degree                        The Unfunded Mandates Reform Act                   under Executive Order 13211.
                                           this rule would economically affect it.                  of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                    Federal agencies to assess the effects of             13. Technical Standards
                                           3. Assistance for Small Entities                         their discretionary regulatory actions. In
                                                                                                    particular, the Act addresses actions                   This rule does not use technical
                                              Under section 213(a) of the Small                     that may result in the expenditure by a               standards. Therefore, we did not
                                           Business Regulatory Enforcement                          State, local, or tribal government, in the            consider the use of voluntary consensus
                                           Fairness Act of 1996 (Public Law 104–                    aggregate, or by the private sector of                standards.
                                           121), we want to assist small entities in                $100,000,000 (adjusted for inflation) or
                                           understanding this rule. If the rule                                                                           14. Environment
                                                                                                    more in any one year. Though this
                                           would affect your small business,                        proposed rule would not result in such                   We have analyzed this rule under
                                           organization, or governmental                            an expenditure, we do discuss the                     Department of Homeland Security
                                           jurisdiction and you have questions                      effects of this rule elsewhere in this                Management Directive 023–01 and
                                           concerning its provisions or options for                 preamble.                                             Commandant Instruction M16475.lD,
                                           compliance, please contact the person                                                                          which guide the Coast Guard in
                                           listed in the FOR FURTHER INFORMATION                    8. Taking of Private Property
                                                                                                                                                          complying with the National
                                           CONTACT, above.                                             This rule would not cause a taking of
                                                                                                                                                          Environmental Policy Act of 1969
                                              Small businesses may send comments                    private property or otherwise have
                                                                                                                                                          (NEPA)(42 U.S.C. 4321–4370f), and
                                           on the actions of Federal employees                      taking implications under Executive
                                                                                                    Order 12630, Governmental Actions and                 have determined that this action is one
                                           who enforce, or otherwise determine                                                                            of a category of actions that do not
                                           compliance with, Federal regulations to                  Interference with Constitutionally
                                                                                                    Protected Property Rights.                            individually or cumulatively have a
                                           the Small Business and Agriculture                                                                             significant effect on the human
                                           Regulatory Enforcement Ombudsman                         9. Civil Justice Reform                               environment. This rule involves
                                           and the Regional Small Business                             This rule meets applicable standards               restricting vessel movement within an
                                           Regulatory Fairness Boards. The                          in sections 3(a) and 3(b)(2) of Executive             area. This rule is categorically excluded
                                           Ombudsman evaluates these actions                        Order 12988, Civil Justice Reform, to                 from further review under paragraph
                                           annually and rates each agency’s                         minimize litigation, eliminate                        34(h) of Figure 2–1 of the Commandant
                                           responsiveness to small business. If you                 ambiguity, and reduce burden.                         Instruction. An environmental analysis
                                           wish to comment on actions by
                                                                                                    10. Protection of Children From                       checklist supporting this determination
                                           employees of the Coast Guard, call 1–
                                           888–REG–FAIR (1–888–734–3247). The                       Environmental Health Risks                            and a Categorical Exclusion
                                           Coast Guard will not retaliate against                                                                         Determination are available in the
                                                                                                      We have analyzed this rule under
                                           small entities that question or complain                                                                       docket where indicated under
                                                                                                    Executive Order 13045, Protection of
                                           about this rule or any policy or action                                                                        ADDRESSES. We seek any comments or
                                                                                                    Children from Environmental Health
                                           of the Coast Guard.                                      Risks and Safety Risks. This rule is not              information that may lead to the
                                                                                                    an economically significant rule and                  discovery of a significant environmental
                                           4. Collection of Information                                                                                   impact from this rule.
                                                                                                    would not create an environmental risk
                                             This rule will not call for a new                      to health or risk to safety that might                List of Subjects in 33 CFR Part 100
                                           collection of information under the                      disproportionately affect children.
                                           Paperwork Reduction Act of 1995 (44                                                                              Safety of life in the regatta or marine
                                                                                                    11. Indian Tribal Governments
                                           U.S.C. 3501–3520.).                                                                                            parade area.
                                                                                                       This rule does not have tribal
                                           5. Federalism                                            implications under Executive Order                      For the reasons discussed in the
                                                                                                    13175, Consultation and Coordination                  preamble, the Coast Guard amends 33
                                              A rule has implications for federalism                with Indian Tribal Governments,                       CFR part 100 as follows:
                                           under Executive Order 13132,                             because it would not have a substantial
                                           Federalism, if it has a substantial direct               direct effect on one or more Indian                   PART 100—SAFETY OF LIFE ON
                                           effect on the States, on the relationship                tribes, on the relationship between the               NAVIGABLE WATERS
                                           between the national government and                      Federal Government and Indian tribes,
                                           the States, or on the distribution of                    or on the distribution of power and                   ■ 1. The authority citation for Part 100
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                                           power and responsibilities among the                     responsibilities between the Federal                  continues to read as follows:
                                           various levels of government. We have                    Government and Indian tribes.                             Authority: 33 U.S.C. 1233.
                                           analyzed this proposed rule under that
                                           Order and determined that this rule                      12. Energy Effects                                    ■ 2. Add § 100.35T01–0457 to read as
                                           does not have implications for                             This rule is not a ‘‘significant energy             follows:
                                           federalism.                                              action’’ under Executive Order 13211,


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                                           38400                Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations

                                           § 100.35T01–0457 Special Local                              (6) Upon being hailed by a U.S. Coast              revision containing these MVEBs, when
                                           Regulation; L’HERMIONE Parade, Upper                     Guard vessel by siren, radio, flashing                considered with the emissions from all
                                           New York Bay and Lower Hudson River,                     light or other means, the operator of the             sources, shows some progress toward
                                           New York, NY                                             vessel must proceed as directed.                      attainment from the 2011 base year
                                              (a) Location. The following area is a                    (7) All other relevant regulations,                through a 2015 target year.
                                           Special Local Regulation: All navigable                  including but not limited to the Rules of             DATES: This direct final rule will be
                                           waters, from the Verrazano Bridge North                  the Road (33 CFR 84—Subchapter E,                     effective September 4, 2015, unless EPA
                                           to the East side of the Statue of Liberty                Inland Navigational Rules) remain in                  receives adverse comments by August 5,
                                           and north to Pier 92 on the Hudson                       effect within the regulated area and                  2015. If adverse comments are received,
                                           River.                                                   must be strictly followed at all times.               EPA will publish a timely withdrawal of
                                              (b) Regulations. (1) The provisions of                   (c) Enforcement period. This                       the direct final rule in the Federal
                                           the general regulations for regulated                    regulation is enforceable from 6 a.m. on              Register informing the public that the
                                           navigation areas contained in 33 CFR                     July 4, 2015 until 3 p.m. on July 4, 2015.            rule will not take effect.
                                           165.11 and 165.13 apply to the parade                       (1) Prior to commencing or                         ADDRESSES: Submit your comments,
                                           route specified in this Special Local                    suspending enforcement of this                        identified by Docket ID No. EPA–R05–
                                           Regulation.                                              regulation, the COTP will give notice by              OAR–2015–0075, by one of the
                                              (2) In accordance with the general                    appropriate means to inform the                       following methods:
                                           regulations, entry into or movement                      affected segments of the public, to                      1. www.regulations.gov: Follow the
                                           within this zone, during periods of                      include dates and times. Such means of                on-line instructions for submitting
                                           enforcement, is prohibited unless                        notification will include constructive                comments.
                                           authorized by the COTP Sector New                        notice by publication in the Federal                     2. Email: blakley.pamela@epa.gov.
                                           York or a designated representative.                     Register, actual notice, as well as                      3. Fax: (312) 692–2450.
                                              (3) Persons and vessels may request                   Broadcast Notice to Mariners and Local                   4. Mail: Pamela Blakley, Chief,
                                           permission to enter the parade route by                  Notice to Mariners.                                   Control Strategies Section, Air Programs
                                           contacting the COTP or one of the                           (2) Violations of this Special Local               Branch (AR–18J), U.S. Environmental
                                           COTP’s on-scene representatives on                       Regulation may be reported to the COTP                Protection Agency, 77 West Jackson
                                           VHF–16 or via phone at 718–354–4353.                     at 718–354–4353 or on VHF-Channel 16.                 Boulevard, Chicago, Illinois 60604.
                                              (4) During periods of enforcement, all                  Dated: June 8, 2015.                                   5. Hand Delivery: Pamela Blakley,
                                           vessels participating in the parade must                 G. Loebl,                                             Chief, Control Strategies Section, Air
                                           proceed at five knots or at such speed                   Captain, U.S. Coast Guard, Captain of the             Programs Branch (AR–18J), U.S.
                                           dictated by the event organizers. Vessels                Port New York.                                        Environmental Protection Agency, 77
                                           participating in the parade must display                 [FR Doc. 2015–16506 Filed 7–2–15; 8:45 am]            West Jackson Boulevard, Chicago,
                                           a flag that is blue in color and are                                                                           Illinois 60604. Such deliveries are only
                                                                                                    BILLING CODE 9110–04–P
                                           required to be power driven. Sailing                                                                           accepted during the Regional Office
                                           vessels may hoist sails, but are required                                                                      normal hours of operation, and special
                                           to be power driven and must maneuver                                                                           arrangements should be made for
                                           as power driven vessels. All vessels                     ENVIRONMENTAL PROTECTION
                                                                                                                                                          deliveries of boxed information. The
                                           must have the ability to communicate                     AGENCY
                                                                                                                                                          Regional Office official hours of
                                           on VHF Frequency channel 8. Vessels                      40 CFR Part 52                                        business are Monday through Friday,
                                           must keep a distance of 50 yards from                                                                          8:30 a.m. to 4:30 p.m., excluding
                                           the L’HERMIONE at all times unless                       [EPA–R05–OAR–2015–0075; FRL–9929–73–                  Federal holidays.
                                           authorized by the COTP or a designated                   Region 5]                                                Instructions: Direct your comments to
                                           representative. All vessels not                                                                                Docket ID No. EPA–R05–OAR–2015–
                                                                                                    Approval of Air Quality Implementation
                                           participating in the parade but viewing                                                                        0075. EPA’s policy is that all comments
                                                                                                    Plans; Sheboygan County, Wisconsin
                                           the parade must keep a distance of 250                                                                         received will be included in the public
                                                                                                    8-Hour Ozone Nonattainment Area;
                                           yards from the parade participants and                                                                         docket without change and may be
                                                                                                    Reasonable Further Progress Plan
                                           not interfere with marine traffic. Human                                                                       made available online at
                                           power vessels, such as kayaks and                        AGENCY: Environmental Protection                      www.regulations.gov, including any
                                           canoes will not be considered                            Agency (EPA).                                         personal information provided, unless
                                           participants in the parade, nor will they                ACTION: Direct final rule.                            the comment includes information
                                           be allowed to enter the formation of the                                                                       claimed to be Confidential Business
                                           parade.                                                  SUMMARY:   The Environmental Protection               Information (CBI) or other information
                                              (5) Vessels must comply with all                      Agency (EPA) is approving an Early                    whose disclosure is restricted by statute.
                                           directions given to them by the COTP or                  Progress Plan and motor vehicle                       Do not submit information that you
                                           one of the COTP’s on-scene                               emissions budgets (MVEBs) for volatile                consider to be CBI or otherwise
                                           representatives. The ‘‘on-scene                          organic compounds (VOCs) and oxides                   protected through www.regulations.gov
                                           representative’’ of the COTP is any                      of nitrogen (NOX) for Sheboygan                       or email. The www.regulations.gov Web
                                           Coast Guard commissioned, warrant or                     County, Wisconsin. Wisconsin                          site is an ‘‘anonymous access’’ system,
                                           petty officer who has been designated                    submitted an Early Progress Plan for                  which means EPA will not know your
                                           by the COTP to act on the COTP’s                         Sheboygan County on January 16, 2015.                 identity or contact information unless
                                           behalf. An on-scene representative may                   This submittal was developed to                       you provide it in the body of your
                                           be on a Coast Guard vessel, private                      establish MVEBs for the Sheboygan 8-                  comment. If you send an email
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                                           vessel, or may be on shore and                           hour ozone nonattainment area. This                   comment directly to EPA without going
                                           communicating with vessels via VHF–                      approval of the Early Progress Plan for               through www.regulations.gov your email
                                           FM radio or loudhailer. Members of the                   the Sheboygan 8-hour ozone area is                    address will be automatically captured
                                           Coast Guard Auxiliary may be present to                  based on EPA’s determination that                     and included as part of the comment
                                           inform vessel operators of this                          Wisconsin has demonstrated that the                   that is placed in the public docket and
                                           regulation.                                              State Implementation Plan (SIP)                       made available on the Internet. If you


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Document Created: 2015-12-15 13:17:35
Document Modified: 2015-12-15 13:17:35
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 interim rule with request for comments.
DatesThis rule is effective and will be enforced from 6 a.m. to 3 p.m. on July 4, 2015.
ContactIf you have questions on this rule, contact Lieutenant Douglas Neumann, Waterways Management Division at Coast Guard Sector New York, telephone 718-354-4154 or email [email protected] If you have questions on viewing or submitting material to the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 38397 
RIN Number1625-AA08

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