Safety Zone; JI Mei Design Construction Co., LTD, Hudson River, Manhattan, NY

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)

Federal Register Volume 80, Number 243 (Friday, December 18, 2015)

Proposed Rules

Pages 79010-79012

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2015-31899

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

Docket Number USCG-2015-1025

RIN 1625-AA00

Safety Zone; JI Mei Design Construction Co., LTD, Hudson River, Manhattan, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone for certain waters of the Hudson River. This action is necessary to provide for the safety of life on these navigable waters of the Hudson River near Hells Kitchen, NY during a fireworks display, on February 6, 2016. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port New York or a designated

Page 79011

representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast Guard on or before January 19, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-

2015-1025 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email MST1 Daniel Vazquez, Sector New York Waterways Management Division, U.S. Coast Guard; telephone 718-354-

4154, email Daniel.Vazquez@uscg.mil.

SUPPLEMENTARY INFORMATION:

1. Table of Abbreviations

   CFR Code of Federal Regulations

   COTP Captain of the Port

   E.O. Executive order

   NPRM Notice of Proposed Rulemaking

   Sec. Section

   U.S.C. United States Code

2. Background, Purpose, and Legal Basis

   On October 7, 2015, the JI Mei Design Construction Co. notified the Coast Guard that it will be conducting a fireworks display from 8:00 to 9:30 p.m. on February 6, 2016. The fireworks are to be launched from five barges in the Hudson River bound by a box drawn from the following points: 40deg46'24.41'' N., 074deg00'16.14'' W. thence to 40deg46'15.64' N., 073deg59'55.74' W. thence to 40deg45'28.60'' N., 074deg00'30.84'' W. thence to 40deg45'37.40'' N., 074deg00'51.23'' W. thence to point of origin. Hazards from firework displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The COTP has determined that potential hazards associated with this fireworks display be a safety concern for anyone within close proximity of the barges.

   The purpose of this rulemaking is to ensure the safety of vessels on the navigable waters within close proximity of the fireworks barges before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

3. Discussion of Proposed Rule

   The COTP proposes to establish a safety zone from 8:00 to 9:30 p.m. on February 6, 2016. The safety zone would cover all navigable waters in the Hudson River located approximately 375 yards west of Pier 94, Manhattan, NY and extending south to approximately 375 yards west of Pier 76, Manhattan, NY. The duration of the zone is intended to ensure the safety of vessels on these navigable waters before, during, and after the scheduled 8:00 p.m. to 9:30 p.m. fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.

4. Regulatory Analyses

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

   1. Regulatory Planning and Review

      E.O.s 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. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, the NPRM 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-day of the safety zone. Vessel traffic would be able to safely transit around this safety zone which would impact a small designated area of the Hudson River for less than 2 hours during the evening when vessel traffic is normally low. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone.

   2. 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 proposed rule would 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 IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator.

      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.

      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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

   3. Collection of Information

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

      3520).

   4. Federalism and Indian Tribal Governments

      A rule has implications for federalism under E.O. 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 have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132.

      Also, this proposed rule does not have tribal implications under E.O. 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. If you believe this proposed rule has implications for federalism or Indian

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      tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above.

   5. 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.

   6. Environment

      We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves a safety zone lasting less than 2 hours that would prohibit entry within the proposed safety zone around all fireworks barges. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist is 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 proposed rule.

   7. 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.

5. Public Participation and Request for Comments

   We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. 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.

   We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

   We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

   Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

   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 proposes to amend 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.T01-1025 to read as follows:

      Sec. 165.T01-1025 Safety Zone; JI Mei Design Construction Co., LTD, Hudson River, Manhattan, NY.

      (a) Regulated Area. The following area is a temporary safety zone: all navigable waters of the Hudson River within a box bound by a line drawn from position 40deg46'24.41'' N., 074deg00'16.14'' W. thence to 40deg46'15.64' N., 073deg59'55.74' W., thence to 40deg45'28.60'' N., 074deg00'30.84'' W., thence to 40deg45'37.40'' N., 074deg00'51.23'' W., thence to point of origin.

      (b) Effective Period. This section will be enforced from 8:00 p.m. until 9:30 p.m. on February 6, 2016.

      (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) Sector 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 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 safety zone regulations contained in 33 CFR 165.23, as well as the following regulations apply.

      (2) No vessels, except for the fireworks barges and the accompanying vessels, 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 the designated representative. Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency 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 the designated representative via VHF channel 16 or 718-354-4353 (Sector New York Command Center) to obtain permission to do so.

      Dated: November 25, 2015.

      M.H. Day,

      Captain, U.S. Coast Guard, Captain of the Port New York.

      FR Doc. 2015-31899 Filed 12-17-15; 8:45 am

      BILLING CODE 9110-04-P