[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35688-35690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14711]



[[Page 35688]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0363]
RIN 1625-AA00


Safety Zone; Hudson River Swim for Life; Hudson River, Sleepy 
Hollow, New York

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 Hudson River in the vicinity of Sleepy Hollow, New 
York for a swim event. This temporary safety zone is necessary to 
protect the maritime public and event participants from the hazards 
associated with swim events taking place in a high vessel traffic area. 
This rule is intended to restrict all vessels from a portion of Hudson 
River before and during the swim event.

DATES: This rule is effective on July 27, 2014 from 10:30 a.m. to 2:30 
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0363]. 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 Lieutenant Junior Grade Kristopher Kesting, Sector New 
York, Waterways Management, U.S. Coast Guard; Telephone (718) 354-4154, 
E-Mail [email protected]. If you have questions on viewing 
or submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Hudson River Swim for Life 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 second weekend in September. This 
year the sponsor requested to change the date of the event to July 27, 
2014.
    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)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard received the 
information about the event on April 18, 2014; approximately 100 
swimmers and 400 event supporters are anticipating this event taking 
place as scheduled. The event sponsor is unable and unwilling to 
postpone this event because the date of this event was chosen based on 
the availability of sponsorship for the event. This swim is a charity 
event to raise money for the Leukemia & Lymphoma Society.
    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 this event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    The rule must become effective on the date specified in order to 
provide for the safety of life on the navigable waters from the hazards 
of swimming in the Hudson River, particularly while crossing the 
shipping channel. The sponsor is planning to hold the event on the 
specified date and the safety zone is necessary to provide for the 
safety of event participants, spectator crafts, and other vessels 
operating near the event area.

B. Basis and Purpose

    The legal basis for this 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, 
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.
    The COTP has determined that swimming events in close proximity to 
marine traffic pose significant risk to public safety and property. The 
combination of increased numbers of recreation vessels, congested 
waterways, and large numbers of swimmers in the water has the potential 
to result in serious injuries or fatalities. In order to protect the 
safety of all waterway users including event participants and 
spectators, this rule establishes a temporary safety zone for the 
duration of the event.
    This rule prevents vessels from entering into, transiting through, 
mooring or anchoring within the area specifically designated as the 
safety zone during the period of enforcement unless authorized by the 
COTP, or the designated representative.

C. Discussion of the Final Rule

    This temporary rule creates a safety zone for a swim event on the 
navigable waters of the Hudson River. A portion of the navigable waters 
will be closed during the effective period to all vessel traffic except 
patrol crafts.
    In order to coordinate the safe movement of vessels within the area 
and to ensure that the area is clear of unauthorized persons and 
vessels before, during, and immediately after the swim event, this zone 
will be effective from approximately 10:30 a.m. to 2:30 p.m. on July 
27, 2014.
    Vessels will still be able to transit the surrounding area and may 
be authorized to transit through the safety zone with permission from 
the COTP or a designated representative.
    Advanced public notifications will also be made to local mariners 
through appropriate means, which will include, but are not limited to, 
the Local Notice to Mariners as well as Broadcast Notice to Mariners.

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

[[Page 35689]]

Budget has not reviewed it under those Orders.
    Although this regulation may have some impact on the public, the 
potential impact will be minimal. Vessels will only be restricted from 
the safety zone for a short duration of time. Before activating the 
zone, the Coast Guard 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 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.
    (1) This rule will affect the following entities, some of which may 
be small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of the navigable waters in the vicinity 
of the marine event 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 rule will be in effect for a short period, vessel traffic can pass 
safely through the safety zone with permission from the COTP or a 
designated representative, and the Coast Guard will notify mariners 
before activating the zone by appropriate means which may include but 
are 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 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

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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.T01-0363 to read as follows:


Sec.  165.T01-0363  Safety Zone; Hudson River Swim for Life; Hudson 
River, Sleepy Hollow, NY.

    (a) Regulated Area. The following area is a temporary safety zone: 
All navigable waters of the Hudson River bound by a line drawn from 
position 41[deg]05'40.90'' N, 073[deg]54'55.01'' W, east to position 
41[deg]05'41.43'' N, 073[deg]52'12.03'' W, south to position 
41[deg]04'42.20'' N, 073[deg]52'11.35'' W, west to position 
41[deg]04'01.38'' N, 073[deg]55'01.01'' W, then north along the 
shoreline back to the point of origin.
    (b) Enforcement Period. This rule will be enforced from 
approximately 10:30 a.m. to 2:30 p.m. on July 27, 2014.
    (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) 
New York, to act on his or her behalf. A 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 regulations contained in 33 CFR 165.23, as well as 
the following regulations, apply.
    (2) No vessels, except for support vessels provided by the event 
sponsor, 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 a 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.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the COTP or a designated representative via VHF 
channel 16 or 718-354-4353 (Sector New York command center) to obtain 
permission to do so.

    Dated: June 7, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-14711 Filed 6-23-14; 8:45 am]
BILLING CODE 9110-04-P