81_FR_22986 81 FR 22911 - Safety Zones; Fireworks and Swim Events in Captain of the Port New York Zone

81 FR 22911 - Safety Zones; Fireworks and Swim Events in Captain of the Port New York Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 75 (April 19, 2016)

Page Range22911-22912
FR Document2016-09024

The Coast Guard will enforce various safety zones within the Captain of the Port New York Zone on the specified dates and times. This action is necessary to ensure the safety of vessels, participants and spectators from hazards associated with fireworks displays and swim events. During the enforcement period, no person or vessel may enter the safety zones without permission of the Captain of the Port (COTP).

Federal Register, Volume 81 Issue 75 (Tuesday, April 19, 2016)
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Rules and Regulations]
[Pages 22911-22912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09024]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Rules 
and Regulations

[[Page 22911]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0207]


Safety Zones; Fireworks and Swim Events in Captain of the Port 
New York Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce various safety zones within the 
Captain of the Port New York Zone on the specified dates and times. 
This action is necessary to ensure the safety of vessels, participants 
and spectators from hazards associated with fireworks displays and swim 
events. During the enforcement period, no person or vessel may enter 
the safety zones without permission of the Captain of the Port (COTP).

DATES: The regulation for the safety zones described in 33 CFR 165.160 
will be enforced on the dates and times listed in the table below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Petty Officer First Class Ronald Sampert U.S. Coast 
Guard; telephone 718-354-4197, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety 
zones listed in 33 CFR 165.160 on the specified dates and times as 
indicated in Tables 1 and 2 below. This regulation was published in the 
Federal Register on November 9, 2011 (76 FR 69614).

                                 Table 1
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Schnider Party, Poughkeepsie, NY,      Launch site: A barge
 Hudson River Safety Zone, 33 CFR         located in approximate
 165.160(5.13).                           position 41[deg]42'24.50'' N.
                                          073[deg]56'44.16'' W. (NAD
                                          1983), approximately 420 yards
                                          north of the Mid Hudson
                                          Bridge. This Safety Zone is a
                                          300-yard radius from the
                                          barge.
                                          Date: March 25, 2016.
                                          Time: 8:30 p.m.-10:20
                                          p.m.
2. The Battery, The Battery, Hudson       Launch site: A barge
 River Safety Zone, 33 CFR 165.160(5.2).  located in approximate
                                          position 40[deg]42'00'' N.
                                          074[deg]01'17'' W. (NAD 1983)
                                          approximately 500 yards south
                                          of The Battery, Manhattan, New
                                          York. This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: April 18, 2016.
                                          Time: 8:45 p.m.-10:00
                                          p.m.
3. N.E.C.O. Awards, Liberty Island        Launch site: A barge
 Safety Zone, 33 CFR 165.160(2.1).        located in approximate
                                          position 40[deg]41'16.5'' N.
                                          074[deg]02'23'' W. (NAD 1983)
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island. This Safety
                                          Zone is a 360-yard radius from
                                          the barge.
                                          Date: May 7, 2016.
                                          Time: 11:00 p.m.-12:10
                                          a.m.
4. Town of North Hempstead Summer Kick    Launch site: A barge
 Off, Bar Beach, Hempstead Harbor         located in approximate
 Safety Zone, 33 CFR 165.160(3.9).        position 40[deg]49'50'' N.
                                          073[deg]39'12'' W. (NAD 1983),
                                          approximately 190 yards north
                                          of Bar Beach, Hempstead
                                          Harbor, New York. This Safety
                                          Zone is a 180-yard radius from
                                          the barge.
                                          Date: May 28, 2016.
                                          Time: 9:00 p.m.-10:30
                                          p.m.
------------------------------------------------------------------------


                                 Table 2
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Swim Across America Swim Event, 33     Location: Participants
 CFR 165.160(3.0) Date: July 30, 2016.    will swim between Glen Cove
                                          and Larchmont, New York and an
                                          area of Hempstead Harbor
                                          between Glen Cove and the
                                          vicinity of Umbrella Point.
                                          This Safety Zone includes all
                                          waters within a 100-yard
                                          radius of each participating
                                          swimmer.
                                          Date: July 30, 2016.
                                          Time: 5:30 a.m.-12:00
                                          p.m.
2. Newburgh Beacon Swim, Swim Event, 33   Location: Participants
 CFR 165.160(1.2) Date: August 6, 2016.   will cross the Hudson River
                                          between Newburgh and Beacon,
                                          New York approximately 1300
                                          yards south of the Newburgh-
                                          Beacon Bridges. This Safety
                                          Zone includes all waters
                                          within a 100-yard radius of
                                          each participating swimmer.

[[Page 22912]]

 
                                          Date: August 6, 2016.
                                          Time: 09:15 a.m.-1:15
                                          p.m.
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.160, vessels may not enter the 
safety zones unless given permission from the COTP or a designated 
representative. Spectator vessels may transit outside the safety zones 
but may not anchor, block, loiter in, or impede the transit of other 
vessels. The Coast Guard may be assisted by other Federal, State, or 
local law enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 165.160(a) and 5 
U.S.C. 552(a). In addition to this notice in the Federal Register, the 
Coast Guard will provide mariners with advanced notification of 
enforcement periods via the Local Notice to Mariners and marine 
information broadcasts. If the COTP determines that a safety zone need 
not be enforced for the full duration stated in this notice, a 
Broadcast Notice to Mariners may be used to grant general permission to 
enter the safety zone.

    Dated: March 18, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-09024 Filed 4-18-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                                                                                                                                 22911

                                                Rules and Regulations                                                                                         Federal Register
                                                                                                                                                              Vol. 81, No. 75

                                                                                                                                                              Tuesday, April 19, 2016



                                                This section of the FEDERAL REGISTER                    ACTION: Notice of enforcement of                      SUPPLEMENTARY INFORMATION:    The Coast
                                                contains regulatory documents having general            regulation.                                           Guard will enforce the safety zones
                                                applicability and legal effect, most of which                                                                 listed in 33 CFR 165.160 on the
                                                are keyed to and codified in the Code of                SUMMARY:   The Coast Guard will enforce               specified dates and times as indicated in
                                                Federal Regulations, which is published under           various safety zones within the Captain
                                                50 titles pursuant to 44 U.S.C. 1510.                                                                         Tables 1 and 2 below. This regulation
                                                                                                        of the Port New York Zone on the                      was published in the Federal Register
                                                The Code of Federal Regulations is sold by              specified dates and times. This action is             on November 9, 2011 (76 FR 69614).
                                                the Superintendent of Documents. Prices of              necessary to ensure the safety of vessels,
                                                new books are listed in the first FEDERAL               participants and spectators from hazards
                                                REGISTER issue of each week.                            associated with fireworks displays and
                                                                                                        swim events. During the enforcement
                                                                                                        period, no person or vessel may enter
                                                DEPARTMENT OF HOMELAND                                  the safety zones without permission of
                                                SECURITY                                                the Captain of the Port (COTP).
                                                Coast Guard                                             DATES:  The regulation for the safety
                                                                                                        zones described in 33 CFR 165.160 will
                                                33 CFR Part 165                                         be enforced on the dates and times
                                                                                                        listed in the table below.
                                                [Docket No. USCG–2016–0207]                             FOR FURTHER INFORMATION CONTACT:     If
                                                Safety Zones; Fireworks and Swim                        you have questions on this notice, call
                                                Events in Captain of the Port New York                  or email Petty Officer First Class Ronald
                                                Zone                                                    Sampert U.S. Coast Guard; telephone
                                                                                                        718–354–4197, email ronald.j.sampert@
                                                AGENCY:     Coast Guard, DHS.                           uscg.mil.

                                                                                                                             TABLE 1

                                                1.    Schnider Party, Poughkeepsie, NY, Hudson River Safety Zone, 33                 • Launch site: A barge located in approximate position 41°42′24.50″
                                                     CFR 165.160(5.13).                                                                N. 073°56′44.16″ W. (NAD 1983), approximately 420 yards north of
                                                                                                                                       the Mid Hudson Bridge. This Safety Zone is a 300-yard radius from
                                                                                                                                       the barge.
                                                                                                                                     • Date: March 25, 2016.
                                                                                                                                     • Time: 8:30 p.m.–10:20 p.m.
                                                2.     The Battery, The Battery, Hudson River Safety Zone, 33 CFR                    • Launch site: A barge located in approximate position 40°42′00″ N.
                                                     165.160(5.2).                                                                     074°01′17″ W. (NAD 1983) approximately 500 yards south of The
                                                                                                                                       Battery, Manhattan, New York. This Safety Zone is a 360-yard radius
                                                                                                                                       from the barge.
                                                                                                                                     • Date: April 18, 2016.
                                                                                                                                     • Time: 8:45 p.m.–10:00 p.m.
                                                3.    N.E.C.O. Awards, Liberty Island Safety Zone, 33 CFR 165.160(2.1)               • Launch site: A barge located in approximate position 40°41′16.5″ N.
                                                                                                                                       074°02′23″ W. (NAD 1983) located in Federal Anchorage 20–C,
                                                                                                                                       about 360 yards east of Liberty Island. This Safety Zone is a 360-
                                                                                                                                       yard radius from the barge.
                                                                                                                                     • Date: May 7, 2016.
                                                                                                                                     • Time: 11:00 p.m.–12:10 a.m.
                                                4.     Town of North Hempstead Summer Kick Off, Bar Beach, Hemp-                     • Launch site: A barge located in approximate position 40°49′50″ N.
                                                     stead Harbor Safety Zone, 33 CFR 165.160(3.9).                                    073°39′12″ W. (NAD 1983), approximately 190 yards north of Bar
                                                                                                                                       Beach, Hempstead Harbor, New York. This Safety Zone is a 180-
                                                                                                                                       yard radius from the barge.
                                                                                                                                     • Date: May 28, 2016.
                                                                                                                                     • Time: 9:00 p.m.–10:30 p.m.


                                                                                                                             TABLE 2
                                                1.     Swim Across America Swim Event, 33 CFR 165.160(3.0) Date:                     • Location: Participants will swim between Glen Cove and Larchmont,
                                                     July 30, 2016.                                                                    New York and an area of Hempstead Harbor between Glen Cove
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                                                       and the vicinity of Umbrella Point. This Safety Zone includes all
                                                                                                                                       waters within a 100-yard radius of each participating swimmer.
                                                                                                                                     • Date: July 30, 2016.
                                                                                                                                     • Time: 5:30 a.m.–12:00 p.m.
                                                2.    Newburgh Beacon Swim, Swim Event, 33 CFR 165.160(1.2) Date:                    • Location: Participants will cross the Hudson River between New-
                                                     August 6, 2016.                                                                   burgh and Beacon, New York approximately 1300 yards south of the
                                                                                                                                       Newburgh-Beacon Bridges. This Safety Zone includes all waters
                                                                                                                                       within a 100-yard radius of each participating swimmer.



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                                                22912               Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Rules and Regulations

                                                                                                                    TABLE 2—Continued
                                                                                                                                     • Date: August 6, 2016.
                                                                                                                                     • Time: 09:15 a.m.–1:15 p.m.



                                                  Under the provisions of 33 CFR                        DATES:  This rule is effective without                impracticable since the salvage
                                                165.160, vessels may not enter the safety               actual notice from April 19, 2016                     operations are on-going and delaying
                                                zones unless given permission from the                  through April 30, 2016. For the                       promulgation of the regulation could
                                                COTP or a designated representative.                    purposes of enforcement, actual notice                result in injury or damage to the persons
                                                Spectator vessels may transit outside the               will be used from April 7, 2016 through               and vessels conducting those
                                                safety zones but may not anchor, block,                 April 19, 2016.                                       operations.
                                                loiter in, or impede the transit of other               ADDRESSES: To view documents
                                                                                                                                                              III. Legal Authority and Need for Rule
                                                vessels. The Coast Guard may be                         mentioned in this preamble as being
                                                assisted by other Federal, State, or local              available in the docket, go to http://                   The Coast Guard is issuing this rule
                                                law enforcement agencies in enforcing                   www.regulations.gov, type USCG–2016–                  under authority in 33 U.S.C. 1231. The
                                                this regulation.                                        0237 in the ‘‘SEARCH’’ box and click                  Captain of the Port Columbia River
                                                  This notice is issued under authority                 ‘‘SEARCH.’’ Click on Open Docket                      (COTP) has determined that the wake
                                                of 33 CFR 165.160(a) and 5 U.S.C.                       Folder on the line associated with this               created by vessels transiting the waters
                                                552(a). In addition to this notice in the               rule.                                                 of the Columbia River, between river
                                                Federal Register, the Coast Guard will                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                              miles 71 and 73, creates a safety hazard
                                                provide mariners with advanced                          you have questions on this rule, call or              for the persons, including divers, and
                                                notification of enforcement periods via                 email Mr. Kenneth Lawrenson,                          vessels engaged in salvage operations
                                                the Local Notice to Mariners and marine                 Waterways Management Division,                        involving the M/V SPARNA at the Port
                                                information broadcasts. If the COTP                     Marine Safety Unit Portland, U.S. Coast               of Kalama in Kalama, WA. As such, this
                                                determines that a safety zone need not                  Guard; telephone 503–240–9319, email                  rule is necessary to ensure the safety of
                                                be enforced for the full duration stated                msupdxwwm@uscg.mil.                                   those persons, including divers, and
                                                in this notice, a Broadcast Notice to                                                                         vessels.
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                Mariners may be used to grant general                                                                         IV. Discussion of the Rule
                                                permission to enter the safety zone.                    I. Table of Abbreviations
                                                                                                                                                                The on-going salvage operations at the
                                                  Dated: March 18, 2016.                                                                                      Port of Kalama, in Kalama, WA, involve
                                                                                                        CFR Code of Federal Regulations
                                                M.H. Day,                                               DHS Department of Homeland Security                   underwater dive operations with
                                                Captain, U.S. Coast Guard, Captain of the               FR Federal Register                                   support vessels. These operations are,
                                                Port New York.                                          NPRM Notice of proposed rulemaking                    by their nature, hazardous and sensitive
                                                [FR Doc. 2016–09024 Filed 4–18–16; 8:45 am]             § Section                                             to water movement. Wakes from passing
                                                                                                        U.S.C. United States Code
                                                BILLING CODE 9110–04–P                                                                                        vessels could pose significant risks of
                                                                                                        II. Background Information and                        injury or death to the involved
                                                                                                        Regulatory History                                    personnel and risks of damage to
                                                DEPARTMENT OF HOMELAND                                                                                        involved vessels. In order to mitigate the
                                                SECURITY                                                   The Coast Guard is issuing this                    safety risks vessel wakes pose to these
                                                                                                        temporary rule without prior notice and               operations, it is necessary to control
                                                Coast Guard                                             opportunity to comment pursuant to                    vessel movement through the area. The
                                                                                                        authority under section 4(a) of the                   purpose of this regulation is to ensure
                                                33 CFR Part 165                                         Administrative Procedure Act (APA) (5                 the safety of waterway users for the
                                                                                                        U.S.C. 553(b)). This provision                        duration of this salvage operation. In
                                                [Docket Number USCG–2016–0237]                          authorizes an agency to issue a rule                  order to minimize such unexpected or
                                                                                                        without prior notice and opportunity to               uncontrolled movement of water, the
                                                RIN 1625–AA11
                                                                                                        comment when the agency for good                      RNA requires all vessels transiting this
                                                Regulated Navigation Area; Columbia                     cause finds that those procedures are                 area to operate in such a manner as to
                                                River, Kalama, WA                                       ‘‘impracticable, unnecessary, or contrary             create no wake. The RNA will
                                                                                                        to the public interest.’’ Under 5 U.S.C.              encompass all waters of the Columbia
                                                AGENCY:    Coast Guard, DHS.                            553(b)(B), the Coast Guard finds that                 River between river miles 71 and 73.
                                                ACTION:   Temporary final rule.                         good cause exists for not publishing a
                                                                                                        notice of proposed rulemaking (NPRM)                  V. Regulatory Analyses
                                                SUMMARY:   The Coast Guard is                           with respect to this rule because to do                 We developed this rule after
                                                establishing a Regulated Navigation                     so would be impracticable since the                   considering numerous statutes and
                                                Area (RNA) covering the waters of the                   salvage operations are on-going and                   Executive orders related to rulemaking.
                                                Columbia River between river miles 71                   delaying promulgation of the regulation               Below we summarize our analyses
                                                and 73, in the vicinity of the mouth of                 could result in injury or damage to the               based on a number of these statutes and
                                                the Kalama River. This action is                        persons and vessels conducting those                  Executive orders, and we discuss First
                                                necessary to provide for the safety of the              operations.                                           Amendment rights of protestors.
jstallworth on DSK7TPTVN1PROD with RULES




                                                persons and vessels conducting salvage                     We are issuing this rule, and under 5
                                                operations on the subject waters at the                 U.S.C. 553(d)(3), the Coast Guard finds               A. Regulatory Planning and Review
                                                Port of Kalama in Kalama, WA.                           that good cause exists for making it                     Executive Orders 12866 and 13563
                                                Specifically, this regulation implements                effective less than 30 days after                     direct agencies to assess the costs and
                                                a no-wake requirement for vessels                       publication in the Federal Register.                  benefits of available regulatory
                                                operating in the RNA during those                       Delaying the effective date until 30 days             alternatives and, if regulation is
                                                salvage operations.                                     after publication would be                            necessary, to select regulatory


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Document Created: 2016-04-19 00:16:12
Document Modified: 2016-04-19 00:16:12
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
ActionNotice of enforcement of regulation.
DatesThe regulation for the safety zones described in 33 CFR 165.160 will be enforced on the dates and times listed in the table below.
ContactIf you have questions on this notice, call or email Petty Officer First Class Ronald Sampert U.S. Coast Guard; telephone 718-354-4197, email [email protected]
FR Citation81 FR 22911 

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