81 FR 36169 - Safety Zone; Upper New York Bay, Liberty Island, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range		36169-36171
FR Document		2016-13341

The Coast Guard is establishing a temporary safety zone for navigable waters within a 100-yard radius of each participating swimmer during the Lady Liberty Sharkfest Swim. The safety zone is needed to protect the maritime public and event participants from the hazards associated with swim events taking place in a high vessel traffic area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port New York.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36169-36171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13341]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0318]
RIN 1625-AA00


Safety Zone; Upper New York Bay, Liberty Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 100-yard radius of each participating swimmer 
during the Lady Liberty Sharkfest Swim. The safety zone is needed to 
protect the maritime public and event participants from the hazards 
associated with swim events taking place in a high vessel traffic area. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port New York.

DATES: This rule is effective from 7:00 a.m. until 9:30 a.m. on July 
16, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0318 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 R.J. Sampert, Waterways Management Division, U.S. 
Coast Guard; telephone 718-354-4197, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM with respect to this rule 
because it would be impractical and contrary to the public interest. 
The event sponsor was late in submitting the marine event application. 
This late submission did not give the Coast Guard enough time to 
publish an NPRM and receive comments, making that impracticable and 
contrary to the public interest in immediate action to ensure the 
safety of the event participants, patrol vessels, spectator craft and 
other vessels transiting the event area.
    For the same reasons, we are issuing this rule, and under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making it 
effective less than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port New York (COTP) has determined that 
potential hazards associated with swim events occurring in high traffic 
areas of the Upper New York Harbor on July 16, 2016 will be a safety 
concern for anyone within a 100-yard radius of swimmers. This rule is 
needed to protect maritime public and event participants from the 
hazards associated with the swim event until the conclusion of the 
event.

IV. Discussion of the Rule

    This rule establishes a safety zone from at 7:00 a.m. until 9:30 
a.m. on July 16, 2016. The safety zone will cover all navigable waters 
within 100 yards of participating swimmers for the Lady Liberty 
Sharkfest Swim. The duration of the zone is intended to protect 
maritime public and event participants from the hazards associated with 
swim events taking place in a high vessel traffic area. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Upper New York Harbor in vicinity 
of Ellis and Liberty Islands for 2.5 hours and during a time of day 
when vessel traffic is normally low. Moreover, the Coast Guard will 
issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone and the rule allows vessels to seek permission to enter the 
zone.

[[Page 36170]]

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 rule 
will 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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting approximately 2.5 hours that will 
prohibit entry within 100 yards of participating swimmers for the Lady 
Liberty Sharkfest Swim. It is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination will be 
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.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 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.T01-0318 to read as follows:


Sec.  165.T01-0318  Safety Zone; Upper New York Harbor, New York, NY.

    (a) Location. The following area is a safety zone: All waters of 
the Upper New York Harbor, from surface to bottom, within a 100 yard 
radius of each participating swimmer during the Lady Liberty Sharkfest 
Swim.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port New York (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF channel 16 or by phone at (718) 354-4353 (Sector 
New York Command Center). Those in the safety zone must comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (d) Enforcement period. This section will be enforced from 7:00 
a.m. until 9:30 a.m. on July 16, 2016.


[[Page 36171]]


    Dated: May 15, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 2016-13341 Filed 6-3-16; 8:45 am]
 BILLING CODE 9110-04-P

36170 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations

B. Impact on Small Entities power and responsibilities among the G. Protest Activities
The Regulatory Flexibility Act of various levels of government. We have The Coast Guard respects the First
1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and Amendment rights of protesters.
requires Federal agencies to consider have determined that it is consistent Protesters are asked to contact the
the potential impact of regulations on with the fundamental federalism person listed in the FOR FURTHER
small entities during rulemaking. The principles and preemption requirements INFORMATION CONTACT section to
term ‘‘small entities’’ comprises small described in Executive Order 13132. coordinate protest activities so that your
businesses, not-for-profit organizations Also, this rule does not have tribal message can be received without
that are independently owned and implications under Executive Order jeopardizing the safety or security of
operated and are not dominant in their 13175, Consultation and Coordination people, places or vessels.
fields, and governmental jurisdictions with Indian Tribal Governments,
because it does not have a substantial List of Subjects in 33 CFR Part 165
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian Harbors, Marine safety, Navigation
605(b) that this rule will not have a tribes, on the relationship between the (water), Reporting and recordkeeping
significant economic impact on a Federal Government and Indian tribes, requirements, Security measures,
substantial number of small entities. or on the distribution of power and Waterways.
While some owners or operators of responsibilities between the Federal For the reasons discussed in the
vessels intending to transit the safety Government and Indian tribes. If you preamble, the Coast Guard amends 33
zone may be small entities, for the believe this rule has implications for CFR part 165 as follows:
reasons stated in section V.A above, this federalism or Indian tribes, please
rule will not have a significant contact the person listed in the FOR PART 165—REGULATED NAVIGATION
economic impact on any vessel owner FURTHER INFORMATION CONTACT section AREAS AND LIMITED ACCESS AREAS
or operator. above.
Under section 213(a) of the Small ■ 1. The authority citation for part 165
E. Unfunded Mandates Reform Act
Business Regulatory Enforcement continues to read as follows:
Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
understanding this rule. If the rule Federal agencies to assess the effects of Department of Homeland Security Delegation
would affect your small business, their discretionary regulatory actions. In No. 0170.1.
organization, or governmental particular, the Act addresses actions ■ 2. Add § 165.T01–0318 to read as
jurisdiction and you have questions that may result in the expenditure by a follows:
concerning its provisions or options for State, local, or tribal government, in the
compliance, please contact the person aggregate, or by the private sector of § 165.T01–0318 Safety Zone; Upper New
$100,000,000 (adjusted for inflation) or York Harbor, New York, NY.
listed in the FOR FURTHER INFORMATION
CONTACT section. more in any one year. Though this rule (a) Location. The following area is a
Small businesses may send comments will not result in such an expenditure, safety zone: All waters of the Upper
on the actions of Federal employees we do discuss the effects of this rule New York Harbor, from surface to
who enforce, or otherwise determine elsewhere in this preamble. bottom, within a 100 yard radius of each
compliance with, Federal regulations to participating swimmer during the Lady
F. Environment
the Small Business and Agriculture Liberty Sharkfest Swim.
Regulatory Enforcement Ombudsman We have analyzed this rule under (b) Definitions. As used in this
and the Regional Small Business Department of Homeland Security section, designated representative
Regulatory Fairness Boards. The Management Directive 023–01 and means a Coast Guard Patrol
Ombudsman evaluates these actions Commandant Instruction M16475.lD, Commander, including a Coast Guard
annually and rates each agency’s which guide the Coast Guard in coxswain, petty officer, or other officer
responsiveness to small business. If you complying with the National operating a Coast Guard vessel and a
wish to comment on actions by Environmental Policy Act of 1969 (42 Federal, State, and local officer
employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have designated by or assisting the Captain of
888–REG–FAIR (1–888–734–3247). The determined that this action is one of a the Port New York (COTP) in the
Coast Guard will not retaliate against category of actions that do not enforcement of the safety zone.
small entities that question or complain individually or cumulatively have a (c) Regulations. (1) Under the general
about this rule or any policy or action significant effect on the human safety zone regulations in subpart C of
of the Coast Guard. environment. This rule involves a safety this part, you may not enter the safety
zone lasting approximately 2.5 hours zone described in paragraph (a) of this
C. Collection of Information that will prohibit entry within 100 yards section unless authorized by the COTP
This rule will not call for a new of participating swimmers for the Lady or the COTP’s designated representative.
collection of information under the Liberty Sharkfest Swim. It is (2) To seek permission to enter,
Paperwork Reduction Act of 1995 (44 categorically excluded from further contact the COTP or the COTP’s
U.S.C. 3501–3520). review under paragraph 34(g) of Figure representative via VHF channel 16 or by
2–1 of the Commandant Instruction. An phone at (718) 354–4353 (Sector New
D. Federalism and Indian Tribal environmental analysis checklist York Command Center). Those in the
Governments
mstockstill on DSK3G9T082PROD with RULES

supporting this determination and a safety zone must comply with all lawful
A rule has implications for federalism Categorical Exclusion Determination orders or directions given to them by the
under Executive Order 13132, will be available in the docket where COTP or the COTP’s designated
Federalism, if it has a substantial direct indicated under ADDRESSES. We seek representative.
effect on the States, on the relationship any comments or information that may (d) Enforcement period. This section
between the national government and lead to the discovery of a significant will be enforced from 7:00 a.m. until
the States, or on the distribution of environmental impact from this rule. 9:30 a.m. on July 16, 2016.

VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1

Document Created: 2016-06-04 00:17:02
Document Modified: 2016-06-04 00:17:02

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		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 7:00 a.m. until 9:30 a.m. on July 16, 2016.
Contact		If you have questions on this rule, call or email MST1 R.J. Sampert, Waterways Management Division, U.S. Coast Guard; telephone 718-354-4197, email [email protected]
FR Citation		81 FR 36169
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 36169 - Safety Zone; Upper New York Bay, Liberty Island, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 108 (June 6, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard