[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Rules and Regulations]
[Pages 38397-38400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16506]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2015-0457]
RIN 1625-AA08


Special Local Regulation; L'HERMIONE Parade, Upper New York Bay 
and Lower Hudson River, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a Special Local Regulation on 
the navigable waters of the Upper New York Bay and Lower Hudson River, 
NY for the tall ship L'HERMIONE boat parade. This Special Local 
Regulation allows the Coast Guard to enforce restrictions on all vessel 
traffic through the Special Local Regulation during the L'HERMIONE boat 
parade, both planned and unforeseen, that could pose an imminent hazard 
to persons and vessels operating in the area. This rule is necessary to 
provide for the safety of life on the navigable waters during the 
parade of ships. The Coast Guard is issuing this temporary rule due to 
the exigent circumstances and invites comments to modify or amend the 
rule, as necessary.

DATES: This rule is effective and will be enforced from 6 a.m. to 3 
p.m. on July 4, 2015.
    Comments and related material may be received by the Coast Guard 
throughout the effective period.
    Requests for public meetings must be received by the Coast Guard on 
or before July 27, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2015-0457. 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.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT:  If you have questions on this rule, 
contact Lieutenant Douglas Neumann, Waterways Management Division at 
Coast Guard Sector New York, telephone 718-354-4154 or email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Ms. 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this proposed 
rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit

[[Page 38398]]

comments by mail and would like to know that they reached the Facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0457) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We currently do not plan to hold a public meeting. You may, 
however, submit a request for one, using one of the methods specified 
under ADDRESSES. Please explain why you believe a public meeting would 
be beneficial. If we determine that one would aid in this rulemaking, 
we will hold one at a time and place announced by a later notice in the 
Federal Register.

B. Regulatory History and Information

    The Coast Guard is issuing this temporary interim rule without 
prior notice through an NPRM 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 an NPRM with respect to this rule 
because the event sponsors were late in submitting the marine event 
application. The Coast Guard will, however, consider comments in 
issuing a subsequent temporary interim rule or temporary final rule.
    This late submission did not give the Coast Guard enough time to 
publish an NPRM, take public comments, and issue a final rule before 
the parade, since the final submission was received on May 13, 2015. It 
would be impracticable and contrary to the public interest to delay 
promulgating this rule, as it is necessary to protect the safety of 
waterway users. At any time, the Coast Guard may publish an amended 
rule if necessary to address public concerns.
    For the same reasons mentioned above, 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.

C. Basis and Purpose

    Under the Ports and Waterways Safety Act, 33 U.S.C. 1231, 1233; 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, the Coast Guard has the 
authority to establish Special Local Regulations in defined water areas 
that are determined to have hazardous conditions and in which vessel 
traffic can be regulated in the interest of safety.
    This rule is prompted by the navigation safety situation created by 
highly concentrated boat parade through a highly-trafficked harbor.
    The purpose of this rulemaking is to provide for safety on the 
navigable waters in the regulated area during the parade.

D. Discussion of the Interim Rule

    The Coast Guard is establishing a Special Local Regulation on the 
navigable waters of the Upper New York Bay and Lower Hudson River. This 
Special Local Regulation allows the Coast Guard to enforce restrictions 
on all vessel traffic through the parade route during the L'HERMIONE 
Parade, both planned and unforeseen, that could pose an imminent hazard 
to persons and vessels operating in the area. All vessels participating 
in the parade must proceed at five knots and display a flag that is 
blue in color. Parade vessels are required to be power driven. Sailing 
vessels may hoist sails, but are required to be power driven. All 
vessels must have the ability to communicate of VHF Frequency channel 
8. Parade vessels must keep a distance of 50 yards from the L'HERMIONE 
at all times, unless authorized by the COTP or a designated 
representative. All vessels not participating in the parade but viewing 
the parade must keep a distance of 250 yards from the parade 
participants and not interfere with marine traffic. Human-powered 
vessels, such as kayaks and canoes, will not be considered participants 
in the parade, nor will they be allowed to enter the formation of the 
parade.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This proposed 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.
    The Coast Guard determined that this rulemaking will not be a 
significant regulatory action for the following reasons: vessel traffic 
will only be restricted for limited durations and the Special Local 
Regulation covers only a small portion of the navigable waterway. 
Advanced public notifications will also be made to local mariners 
through appropriate means, which could include, but would not be 
limited to, Local Notice to Mariners and Broadcast Notice to Mariners.

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. 
This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to enter 
or transit within the parade route during a vessel restriction period.
    The Special Local Regulation would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: the Special Local Regulation would be of limited size and any 
waterway closure of short duration. Additionally before the effective 
period of a waterway closure, advanced public notifications will be

[[Page 38399]]

made to local mariners through appropriate means, which could include, 
but would not be limited to, Local Notice to Mariners and Broadcast 
Notice to Mariners.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 proposed 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 proposed rule would 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 would 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 From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
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 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 restricting vessel movement within an 
area. This rule is categorically excluded from further review under 
paragraph 34(h) 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 100

    Safety of life in the regatta or marine parade area.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for Part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T01-0457 to read as follows:

[[Page 38400]]

Sec.  100.35T01-0457  Special Local Regulation; L'HERMIONE Parade, 
Upper New York Bay and Lower Hudson River, New York, NY

    (a) Location. The following area is a Special Local Regulation: All 
navigable waters, from the Verrazano Bridge North to the East side of 
the Statue of Liberty and north to Pier 92 on the Hudson River.
    (b) Regulations. (1) The provisions of the general regulations for 
regulated navigation areas contained in 33 CFR 165.11 and 165.13 apply 
to the parade route specified in this Special Local Regulation.
    (2) In accordance with the general regulations, entry into or 
movement within this zone, during periods of enforcement, is prohibited 
unless authorized by the COTP Sector New York or a designated 
representative.
    (3) Persons and vessels may request permission to enter the parade 
route by contacting the COTP or one of the COTP's on-scene 
representatives on VHF-16 or via phone at 718-354-4353.
    (4) During periods of enforcement, all vessels participating in the 
parade must proceed at five knots or at such speed dictated by the 
event organizers. Vessels participating in the parade must display a 
flag that is blue in color and are required to be power driven. Sailing 
vessels may hoist sails, but are required to be power driven and must 
maneuver as power driven vessels. All vessels must have the ability to 
communicate on VHF Frequency channel 8. Vessels must keep a distance of 
50 yards from the L'HERMIONE at all times unless authorized by the COTP 
or a designated representative. All vessels not participating in the 
parade but viewing the parade must keep a distance of 250 yards from 
the parade participants and not interfere with marine traffic. Human 
power vessels, such as kayaks and canoes will not be considered 
participants in the parade, nor will they be allowed to enter the 
formation of the parade.
    (5) Vessels must comply with all directions given to them by the 
COTP or one of the COTP's on-scene representatives. The ``on-scene 
representative'' of the COTP is any Coast Guard commissioned, warrant 
or petty officer who has been designated by the COTP to act on the 
COTP's behalf. An on-scene representative may be on a Coast Guard 
vessel, private vessel, or may be on shore and communicating with 
vessels via VHF-FM radio or loudhailer. Members of the Coast Guard 
Auxiliary may be present to inform vessel operators of this regulation.
    (6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel must proceed 
as directed.
    (7) All other relevant regulations, including but not limited to 
the Rules of the Road (33 CFR 84--Subchapter E, Inland Navigational 
Rules) remain in effect within the regulated area and must be strictly 
followed at all times.
    (c) Enforcement period. This regulation is enforceable from 6 a.m. 
on July 4, 2015 until 3 p.m. on July 4, 2015.
    (1) Prior to commencing or suspending enforcement of this 
regulation, the COTP will give notice by appropriate means to inform 
the affected segments of the public, to include dates and times. Such 
means of notification will include constructive notice by publication 
in the Federal Register, actual notice, as well as Broadcast Notice to 
Mariners and Local Notice to Mariners.
    (2) Violations of this Special Local Regulation may be reported to 
the COTP at 718-354-4353 or on VHF-Channel 16.

    Dated: June 8, 2015.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2015-16506 Filed 7-2-15; 8:45 am]
 BILLING CODE 9110-04-P