80 FR 79010 - Safety Zone; JI Mei Design Construction Co., LTD, Hudson River, Manhattan, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range		79010-79012
FR Document		2015-31899

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Hudson River. This action is necessary to provide for the safety of life on these navigable waters of the Hudson River near Hells Kitchen, NY during a fireworks display, on February 6, 2016. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port New York or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)

[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Proposed Rules]
[Pages 79010-79012]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-31899]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1025]
RIN 1625-AA00

Safety Zone; JI Mei Design Construction Co., LTD, Hudson River,
Manhattan, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of the Hudson River. This action is necessary to
provide for the safety of life on these navigable waters of the Hudson
River near Hells Kitchen, NY during a fireworks display, on February 6,
2016. This proposed rulemaking would prohibit persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
New York or a designated

[[Page 79011]]

representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before January 19, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1025 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST1 Daniel Vazquez, Sector New York
Waterways Management Division, U.S. Coast Guard; telephone 718-354-
4154, email Daniel.Vazquez@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
E.O. Executive order
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

On October 7, 2015, the JI Mei Design Construction Co. notified the
Coast Guard that it will be conducting a fireworks display from 8:00 to
9:30 p.m. on February 6, 2016. The fireworks are to be launched from
five barges in the Hudson River bound by a box drawn from the following
points: 40[deg]46'24.41'' N., 074[deg]00'16.14'' W. thence to
40[deg]46'15.64' N., 073[deg]59'55.74' W. thence to 40[deg]45'28.60''
N., 074[deg]00'30.84'' W. thence to 40[deg]45'37.40'' N.,
074[deg]00'51.23'' W. thence to point of origin. Hazards from firework
displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The COTP has
determined that potential hazards associated with this fireworks
display be a safety concern for anyone within close proximity of the
barges.
The purpose of this rulemaking is to ensure the safety of vessels
on the navigable waters within close proximity of the fireworks barges
before, during, and after the scheduled event. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

The COTP proposes to establish a safety zone from 8:00 to 9:30 p.m.
on February 6, 2016. The safety zone would cover all navigable waters
in the Hudson River located approximately 375 yards west of Pier 94,
Manhattan, NY and extending south to approximately 375 yards west of
Pier 76, Manhattan, NY. The duration of the zone is intended to ensure
the safety of vessels on these navigable waters before, during, and
after the scheduled 8:00 p.m. to 9:30 p.m. fireworks display. No vessel
or person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

We developed this proposed rule after considering numerous statutes
and E.O.s related to rulemaking. Below we summarize our analyses based
on a number of these statutes and E.O.s, and we discuss First Amendment
rights of protestors.

A. Regulatory Planning and Review

E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Hudson River for less than 2
hours during the evening when vessel traffic is normally low. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under E.O. 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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this proposed rule does not have tribal implications under
E.O. 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. If
you believe this proposed rule has implications for federalism or
Indian

[[Page 79012]]

tribes, please contact the person listed in the FOR FURTHER INFORMATION
CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a safety
zone lasting less than 2 hours that would prohibit entry within the
proposed safety zone around all fireworks barges. Normally such actions
are categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist is 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
proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec. 165.T01-1025 to read as follows:

Sec. 165.T01-1025 Safety Zone; JI Mei Design Construction Co., LTD,
Hudson River, Manhattan, NY.

(a) Regulated Area. The following area is a temporary safety zone:
all navigable waters of the Hudson River within a box bound by a line
drawn from position 40[deg]46'24.41'' N., 074[deg]00'16.14'' W. thence
to 40[deg]46'15.64' N., 073[deg]59'55.74' W., thence to
40[deg]45'28.60'' N., 074[deg]00'30.84'' W., thence to
40[deg]45'37.40'' N., 074[deg]00'51.23'' W., thence to point of origin.
(b) Effective Period. This section will be enforced from 8:00 p.m.
until 9:30 p.m. on February 6, 2016.
(c) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP)
Sector New York, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(d) Regulations.
(1) The general safety zone regulations contained in 33 CFR 165.23,
as well as the following regulations apply.
(2) No vessels, except for the fireworks barges and the
accompanying vessels, will be allowed to transit the safety zone
without the permission of the COTP.
(3) All persons and vessels shall comply with the instructions of
the COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard vessel, or other Federal, State, or local agency vessel, by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the COTP or the designated representative via VHF
channel 16 or 718-354-4353 (Sector New York Command Center) to obtain
permission to do so.

Dated: November 25, 2015.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-31899 Filed 12-17-15; 8:45 am]
BILLING CODE 9110-04-P

79010 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Proposed Rules

Arkansas: Motor Vehicle Division, Joel Records, Lansing, MI 48918, (517) Texas: Department of Highways and
& Ledbetter Bldg., 7th and Wolfe 322–1486. Public Transportation, Motor Vehicle
Streets, Little Rock, AR 72203, (501) Minnesota: Department of Public Safety, Division, 40th and Jackson Avenue,
371–1886. 108 Transportation Building, St. Paul, Austin, TX 78779, (512) 475–7686.
California: Department of Motor MN 55155, (612) 296–2138. Utah: Motor Vehicle Division State
Vehicles, P.O. Box 932340, Mississippi: Office of State Tax Fairgrounds, 1095 Motor Avenue, Salt
Sacramento, CA 94232, (916) 445– Commission, Woolfolk Building, Lake City, UT 84116, (801) 533–5311.
0898. Jackson, MS 39205, (601) 982–1248. Vermont: Department of Motor Vehicles,
Colorado: Motor Vehicle Division, 140 Missouri: Department of Revenue, Motor State Street, Montpelier, VT 05603,
West Sixth Avenue, Denver, CO Vehicles Bureau, Harry S. Truman (802) 828–2014.
80204, (303) 866–3158. Bldg., 301 W. High Street, Jefferson Virginia: Department of Motor Vehicles,
Connecticut: Department of Motor City, MO 65105, (314) 751–3234. 2300 W. Broad Street, Richmond, VA
Vehicles, 60 State Street Wethersfield, Montana: Highway Commission, Box 23220, (804) 257–1855.
CT 06109, (203) 566–5904. 4639, Helena, MT 59604, (406) 449– Washington: Department of Licensing,
Delaware: Motor Vehicle Director, State 2476. Highways—Licenses Building,
Highway Administration Bldg., P.O. Nebraska: Department of Motor Olympia, WA 98504, (206) 753–6975.
Box 698, Dover, DE 19903, (302) 736– Vehicles, P.O. Box 94789, Lincoln, NE West Virginia: Department of Motor
4421. 68509, (402) 471–3891. Vehicles, 1800 Washington Street,
District of Columbia: Department of Nevada: Department of Motor Vehicles, East Charleston, WV 25317, (304)
Transportation, Bureau of Motor Carson City, NV 89711, (702) 885– 348–2719.
Vehicles, 301 C Street NW., 5370. Wisconsin: Department of
Washington, DC 20001, (202) 727– New Hampshire: Department of Safety, Transportation Reciprocity and
5409. Division of Motor Vehicles, James H. Permits, P.O. Box 7908, Madison, WI
Florida: Division of Motor Vehicles, Haynes Bldg., Concord, NH 03305, 53707, (608) 266–2585.
Neil Kirkman Building, Tallahassee, (603) 271–2764. Wyoming: Department of Revenue,
FL 32301, (904) 488–6921. New Jersey: Motor Vehicle Division, 25
Georgia: Motor Vehicle Division, Policy Division, 122 W. 25th Street,
S. Montgomery Street, Trenton, NJ Cheyenne, WY 82002, (307) 777–
Trinity-Washington Bldg., Room 114, 08666, (609) 292–2368.
Atlanta, GA 30334, (404) 656–4149. 5273.
New Mexico: Motor Transportation Guam: Deputy Director, Revenue and
Hawaii: Division of Motor Vehicle and
Division, Joseph M. Montoya Taxation, Government of Guam,
Licensing, 1455 S. Benetania Street,
Building, Santa Fe, NM 87503, (505) Agana, Guam 96910, (671) 635–7651
Honolulu, HI 96814, (808) 943–3221.
Idaho: Transportation Department, 3311 827–0392. Puerto Rico: Department of
State Street, P.O. Box 34, Boise, ID New York: Division of Motor Vehicles, Transportation and Public Works,
83731, (208) 334–3650. Empire State Plaza, Albany, NY Bureau of Motor Vehicles, P.O. Box
Illinois: Secretary of State, Centennial 12228, (518) 474–2121. 41243, Minillas Station, Santurce,
Building, Springfield, IL 62756, (217) North Carolina: Division of Motor Puerto Rico 00940, (809) 722–2823.
782–4815. Vehicles, Motor Vehicles Bldg.,
[FR Doc. 2015–31762 Filed 12–17–15; 8:45 am]
Indiana: Bureau of Motor Vehicles, Raleigh, NC 27697, (919) 733–2403.
BILLING CODE 3710–08–P
State Office Building, Room 901, North Dakota: Motor Vehicle
Indianapolis, IN 46204, (317) 232– Department, Capitol Grounds,
2701. Bismarck, ND 58505, (701) 224–2619.
Ohio: Bureau of Motor Vehicles, P.O. DEPARTMENT OF HOMELAND
Iowa: Department of Transportation
Box 16520, Columbus, OH 43216, SECURITY
Office of Operating Authority, Lucas
Office Bldg., Des Moines, IA 50319, (614) 466–4095.
Oklahoma: Oklahoma Tax Commission, Coast Guard
(515) 281–5664.
Kansas: Department of Revenue, Motor Vehicle Division, 2501 Lincoln
Boulevard, Oklahoma City, OK 73194, 33 CFR Part 165
Division of Vehicles, Interstate
Registration Bureau, State Office (405) 521–3036 [Docket Number USCG–2015–1025]
Bldg., Topeka, KS 66612, (913) 296– Oregon: Motor Vehicles Division, 1905
RIN 1625–AA00
3681. Lana Avenue NE., Salem, OR 97314,
Kentucky: Department of (503) 378–6903. Safety Zone; JI Mei Design
Transportation, New State Office Pennsylvania: Department of Construction Co., LTD, Hudson River,
Building, Frankfort, KY 40622, (502) Transportation, Bureau of Motor Manhattan, NY
564–4540. Vehicles, Transportation and Safety
Louisiana: Motor Vehicle Bldg., Harrisburg, PA 17122, (717) AGENCY: Coast Guard, DHS.
Administrator, S. Foster Drive, Baton 787–3130. ACTION: Notice of proposed rulemaking.
Rouge, LA 70800, (504) 925–6304. Rhode Island: Department of Motor
Maine: Department of State, Motor Vehicles, State Office Building, SUMMARY: The Coast Guard proposes to
Vehicle Division, Augusta, ME 04333, Providence, RI 02903, (401) 277–6900. establish a temporary safety zone for
(207) 289–5440. South Carolina: Motor Vehicle Division, certain waters of the Hudson River. This
P.O. Drawer 1498, Columbia, SC action is necessary to provide for the
mstockstill on DSK4VPTVN1PROD with PROPOSALS

Maryland: Motor Vehicle
Administration, 6601 Ritchie 29216, (803) 758–5821. safety of life on these navigable waters
Highway NE., Glen Burnie, MD South Dakota: Division of Motor of the Hudson River near Hells Kitchen,
21062, (301) 768–7000. Vehicles, 118 W. Capitol, Pierre, SD NY during a fireworks display, on
Massachusetts: Registry of Motor 57501, (605) 773–3501. February 6, 2016. This proposed
Vehicle, 100 Nashua Street, Boston, Tennessee: Department of Revenue, rulemaking would prohibit persons and
MA 02114, (617) 727–3780. Motor Vehicle Division, 500 vessels from being in the safety zone
Michigan: Department of State, Division Deaderick Street, Nashville, TN unless authorized by the Captain of the
of Driver Licenses and Vehicle 37242, (615) 741–1786. Port New York or a designated

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Document Created: 2015-12-18 01:38:48
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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before January 19, 2016.
Contact		If you have questions about this proposed rulemaking, call or email MST1 Daniel Vazquez, Sector New York Waterways Management Division, U.S. Coast Guard; telephone 718-354- 4154, email [email protected]
FR Citation		80 FR 79010
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

80 FR 79010 - Safety Zone; JI Mei Design Construction Co., LTD, Hudson River, Manhattan, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 243 (December 18, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard