[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Rules and Regulations]
[Pages 26468-26470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10305]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0109]
RIN 1625-AA00


Safety Zone; Hudson River, Jersey City, NJ, Manhattan, 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 Manhattan, NY, 
and Jersey City, NJ for the Louis Vuitton America's Cup World Series 
New York 2016 regatta. This temporary safety zone is necessary to 
protect all participating and spectator vessels from the hazards 
associated with regattas in high traffic areas. This rule is intended 
to restrict all vessels from a portion of the Hudson River during the 
event.

DATES: This rule is effective from 11:30 a.m. on Friday, May 6, 2016 
through 5:00 p.m. on Sunday, May 8, 2016. This rule will be enforced 
between 11:30 a.m. to 5:00 p.m. from Friday, May 6, 2016 through 
Sunday, May 8, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0109 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 about this 
proposed rulemaking, call or email LTJG Christopher Dunn, Sector New 
York Waterways Management Division, U.S. Coast Guard; telephone 718-
354-4012, 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 Notice of Proposed Rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable 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 solicit 
comments from the public before establishing a safety zone. The nature 
of the Louis Vuitton America's Cup World Series New York 2016 requires 
the immediate establishment of a safety zone. Publishing an NPRM and 
delaying the effective date of this rule to await public comment 
inhibits the Coast Guard's ability to fulfill its statutory mission to 
protect ports, waterways, and the maritime public. 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. The rule must become effective on 
the date specified in order to provide for the safety of spectators and 
vessels operating in the area near this event. Delaying the effective 
date of this rule would be contrary to the public interest and would 
expose spectators and vessels to the hazards associated with the 
regattas. The sponsor advised that any change to the date of the event 
would cause economic hardship on the event sponsor, negatively 
impacting other activities being held in conjunction with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The Louis Vuitton America's Cup World Series 2016, is 
planned to take place over a 3 day period between the dates of May 6-8, 
2016, on the Hudson River in the vicinity of Manhattan, NY. The Series 
is composed of daily racing of high-speed, high-performance sailing 
vessels. The racing of these vessels on the Hudson River along 
Manhattan, NY is expected to generate national and international media 
coverage, and attract spectators on a number of recreational vessels 
and excursion vessels.
    The Coast Guard is proposing establishing this safety zone, in 
conjunction with the Louis Vuitton America's Cup World Series 2016, to 
ensure the protection of the maritime public and event participants 
from the hazards associated with large-scale

[[Page 26469]]

marine events. The Coast Guard anticipates some concern with the 
proposed safety zone by mariners, especially commercial vessel 
operators, as vessel transits on the Hudson River along Manhattan may 
be restricted for a portion of each day for three consecutive days. The 
Hudson River is the site of many marine events each year and 
recreational and commercial vessel traffic is frequently heavy. The 
Coast Guard Sector New York Vessel Traffic Service routinely works with 
the local marine pilot organization and shipping agents to coordinate 
vessel transits during marine events on the Hudson River, and will 
continue to do so for the Louis Vuitton America's Cup World Series 2016 
to avoid major interruptions to shipping schedules.

IV. Discussion of the Rule

    The Louis Vuitton America's Cup World Series 2016 regatta is 
scheduled to occur on the navigable waters of a Hudson River in the 
vicinity of Manhattan, NY and Jersey City, NJ from May 6-8, 2016. This 
event will involve high-speed, high-performance sailing vessels that 
will compete in a series of daily races. This event is expected to 
generate national and international media coverage, and attract 
thousands of spectators on hundreds of commercial and recreational 
vessels.
    The COTP proposes the establishment of a temporary safety zone on 
the navigable waters of the Hudson River to ensure the protection of 
the maritime public and event participants from the hazards associated 
with this event. This temporary safety zone will begin in the vicinity 
of the Battery and extend north to approximately North Cove, Manhattan, 
NY. The Coast Guard anticipates some concern by mariners, especially 
commercial vessel operators, that vessel transits on the Hudson River 
along Manhattan may be restricted for a portion of each day for three 
consecutive days. To ensure the safe and efficient movement of vessels 
in this area, a portion of the navigable waterway will remain available 
for use along the western side of the navigable channel. In addition, 
the Coast Guard Sector New York Vessel Traffic Service will continue to 
communicate and coordinate vessel movements that occur in the vicinity 
of this area for the entirety of this marine event.
    Safety zone enforcement will be effective each day over a three 
consecutive day period starting May 6-8, 2016. Safety zone enforcement 
will begin each day at approximately 11:30 a.m. and continue until the 
Americas Cup races are completed for the day, but no later than 5:00 
p.m.

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.
    The potential impact on the public will be minimized for the 
following reasons: Vessels will only be restricted from the designated 
safety zone for a maximum of 6 hours per day for a maximum of 3 days; 
marine traffic will be permitted to transit the Hudson river along the 
New Jersey side of the river for the duration of this event and will be 
minimally impacted by the establishment of a temporary safety zone; 
vessels including those that require access to pier berths along the 
Manhattan side of the river will be permitted to enter or pass through 
the affected waterway with the permission of the COTP or the COTP's 
representative.
    Notifications of this event and its associated safety zone will be 
made to mariners through advisory notice, Local Notice to Mariners, 
event sponsors, and local media. Notifications will be made well in 
advance of the event's commencement and last throughout the event.

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

[[Page 26470]]

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 the establishment of a safety zone lasting approximately 
6 hours for 3 days and is designed to minimize the impact to vessel 
traffic on the navigable waters, vessels will be able to transit around 
the zone in a safe manner. 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

    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 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 and Department of Homeland Security Delegation No. 
0170.1


0
2. Add Sec.  165.T01-0109 to read as follows:


Sec.  165.T01-0109  Safety Zone; Hudson River, Manhattan, NY.

    (a) Regulated Area. The following area is a temporary safety zone: 
All navigable waters of the Hudson River bound by the following 
coordinates: Beginning at 40[deg]43.441' N., 74[deg]01.538' W.; thence 
to 40[deg]43.390' N., 74[deg]01.015' W.; thence to 40[deg]42.846' N., 
74[deg]01.143' W.; thence to 40[deg]41.992' N., 74[deg]01.230' W.; 
thence to 40[deg]41.995' N., 74[deg]01.916' W.; thence back to the 
starting point.
    (b) Effective Period. This rule will be effective from May 6-8, 
2016. This rule will be enforced daily from approximately 11:30 a.m. 
until the America's Cup races are completed for the day, but no later 
than 5:00 p.m.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. ``Designated representative'' means 
any Coast Guard commissioned, warrant, or petty officer of the U.S. 
Coast Guard who has been designated by the COTP New York, 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 vessel'' means 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 those participating in the regatta, will 
be allowed to transit the safety zone without the permission of the 
COTP or designated representative.
    (3) All persons and vessels 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.
    (4) Spectators or other vessels shall not anchor, block, loiter, or 
impede the movement of event participants or official patrol vessels in 
the safety zones.
    (5) Vessel operators desiring to enter or operate within the safety 
zone shall contact the COTP or the designated representative via VHF 
channel 16, the Vessel Traffic Service via VHF channel 14 or the Sector 
New York Command Center via 718-354-4353 to obtain permission to do so.

    Dated: April 12, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-10305 Filed 5-2-16; 8:45 am]
BILLING CODE 9110-04-P