[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Rules and Regulations]
[Pages 41048-41051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17003]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0537]
RIN 1625-AA00
Safety Zone; Hudson Valley Triathlon, Ulster Landing, Hudson
River, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Hudson River in the vicinity of Ulster Landing,
NY for the 16th Annual Hudson Valley Triathlon swim event. This
temporary safety zone is necessary to protect swimmers, spectators, and
vessels from the hazards associated with swimmers competing in a
confined area of the
[[Page 41049]]
Hudson River. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within the safety zone unless
authorized by the Captain of the Port (COTP) New York or the designated
representative.
DATES: This rule is effective from 7:30 a.m. until 8:30 a.m. on July
15, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0537]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Kimberly Farnsworth, Coast Guard; Telephone (718)
354-4163, email [email protected]. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
CFR Code of Federal Regulations
A. Regulatory History and Information
The Hudson Valley Triathlon swim is an annual recurring event that
has a permanent safety zone found at 33 CFR 165.160. The effective date
for the permanent safety zone is the first weekend after the 4th of
July each year. On July 20, 2011, a temporary final rule was published
in the Federal Register (76 FR 139) for this event.
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because delaying this event would be
contrary to the public interest.
The 16th Annual Hudson Valley Triathlon swim event will occur on
July 15, 2012. On May 22, 2012, the sponsor of the event advised the
Coast Guard that due to optimal tide, current, and weather conditions
needed to promote the safety of the swim participants, they were
changing the date of the event from the first weekend after the 4th of
July to Sunday, July 15, 2012, thereby rendering the permanent safety
zone set forth in 33 CFR 165.160 inapplicable for this year's event.
Any delay in the effective date of this rule would be contrary to
the public interest because immediate action is needed to provide for
the safety of life on the navigable waters from the hazards of swimming
in the Hudson River, particularly in the vicinity of the shipping
channel. The safety zone is necessary to provide for the safety of
event participants, spectator crafts, and other vessels operating near
the event area. For the safety concerns noted, it is in the public
interest to have this regulation in effect during this event. In
addition, any change to the date of the event could potentially cause
economic hardship on the marine event sponsor and negatively impact
other activities being held in conjunction with these events by
potentially causing numerous event participant cancellations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds, for the reasons
stated above, that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
B. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C. 1231, 46 U.S.C.
chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to define regulatory safety zones.
The Coast Guard received an application to hold the annual Hudson
River Triathlon on the waters of the Hudson River, Ulster Landing, NY,
in the vicinity of Barrytown, NY. With this application, the event
sponsor requested that the event be permitted to take place on Sunday,
July 15, 2012 rather than the usual first weekend following July 4th.
The deviation from the permanent regulation was requested to avoid
unsafe tide and current conditions expected to occur on the Sunday
after July 4, 2012.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone on the
waters of the Hudson River in the vicinity of Ulster Landing, NY for
the 16th Annual Hudson Valley Triathlon swim event. This temporary rule
will restrict vessels from a portion of the Hudson River during the
swim event on Sunday, July 15, 2012.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation may have some impact on the public, the potential impact
will be minimized for the following reasons. Vessels will only be
restricted from the safety zone for a short duration of time. Before
activating the zone, we will notify mariners by appropriate means
including but not limited to Local Notice to Mariners and Broadcast
Notice to Mariners. Additionally, the Coast Guard promulgated a
permanent safety zone found in 33 CFR part 165 for the event area in
the past and no adverse comments or notice of any negative impact
caused by the safety zone were received.
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.
(1) This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit
[[Page 41050]]
or anchor in a portion of the Hudson River during the effective period.
(2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons.
This safety zone will be enforced for only 1 hour early in the day when
vessel traffic is low. Vessel traffic could pass safely around the
safety zone. Before activating the zone, we will notify mariners by
appropriate means including but not limited to Local Notice to Mariners
and Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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 AREA
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0537 to read as follows:
Sec. 165.T01-0537 Safety Zone; Hudson Valley Triathlon, Ulster
Landing, Hudson River, NY.
(a) Regulated Area. The following area is a regulated area: All
navigable waters of the Hudson River, Ulster Landing, NY in the
vicinity of Barrytown, NY bound by the following points:
42[deg]00'03.7'' N 073[deg]56'43.1'' W; thence to 41[deg]59'52.5'' N
073[deg]56'34.2'' W; thence to 42[deg]00'15.1'' N 073[deg]56'25.2'' W;
thence to 42[deg]00'05.4'' N 073[deg]56'41.9'' W; thence along the
shoreline to the point of the beginning. This area is approximately 1.2
nautical
[[Page 41051]]
miles north of the Kingston Rhinecliff Bridge.
(b) Effective Date. This rule is effective from 7:30 a.m. until
8:30 a.m. on July 15, 2012.
(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 Sector
New York (COTP), 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.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) No vessels, except for event coordinators and support vessels,
will be allowed to transit the safety zone without the permission of
the COTP. Vessels not associated with the event that are permitted to
enter the regulated areas shall maintain a separation of at least 100
yards from the participants.
(3) All persons and vessels permitted by the COTP to enter the
safety zone shall comply with the instructions of the COTP or the
designated representative. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed. Failure to comply with a lawful
direction may result in expulsion from the regulated area, citation for
failure to comply, or both.
(4) Vessel operators desiring to enter or operate within the
regulated area 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.
(5) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, unless
authorized by COTP or the designated representative.
(6) The COTP or the designated representative may delay or
terminate any marine event in this subpart at any time it is deemed
necessary to ensure the safety of life or property.
Dated: June 27, 2012.
G.A. Loebl,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 2012-17003 Filed 7-11-12; 8:45 am]
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