Rule2022-10846
Safety Zone; Lady Liberty Sharkfest Swim, Upper New York Harbor, Liberty Island NY
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 20, 2022
Effective
July 16, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within a 100-yard radius of each swimmer during the Lady Liberty Sharkfest Swim on July 16, 2022. The safety zone is needed to protect the maritime public and event participants from the hazards associated with swim events taking place in a high vessel traffic area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port New York or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30802-30804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10846]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0026]
RIN 1625-AA00
Safety Zone; Lady Liberty Sharkfest Swim, Upper New York Harbor,
Liberty Island NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 100-yard radius of each swimmer during the
Lady Liberty Sharkfest Swim on July 16, 2022. The safety zone is needed
to protect the maritime public and event participants from the hazards
associated with swim events taking place in a high vessel traffic area.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port New York or a
designated representative.
DATES: This rule is effective from 7 a.m. until 10 a.m. on July 16,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0026 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 L. Gutierrez, Waterways Management Division, U.S.
Coast Guard; telephone 718-354-4352, email <a href="/cdn-cgi/l/email-protection#2c681c1d017f616e017f494f6275017b4d58495e5b4d555f6c595f4f4b02414540"><span class="__cf_email__" data-cfemail="763246475b253b345b251315382f5b211702130401170f053603051511581b1f1a">[email protected]</span></a>.
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 event sponsor notified the Coast Guard that it will be
conducting the Lady Liberty Sharkfest Swim on July 16, 2022, from 7:30
a.m. to 8:30 a.m. with approximately 200 participants and several
support vessels. Participants will swim between Liberty Island, New
York and Morris Canal, New Jersey. In response, on March 1, 2022, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone; Lady Liberty Sharkfest Swim, Upper New York Harbor,
Liberty Island, NY'' (87 FR 11371). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this marine event. During the comment period that ended March 31, 2022,
we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port New York
(COTP) has determined that potential hazards associated with swim
events occurring in high traffic areas of the Upper New York Harbor on
July 16, 2022, will be a safety concern for anyone within a 100-yard
radius of swimmers. The purpose of this rule is to protect maritime
public and event participants from the hazards associated with the swim
event until the conclusion of the event.
IV. Discussion of the Rule
As noted above, we received one comment on our NPRM published March
1, 2022. This comment was in support of the rule. There are no changes
in the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a temporary safety zone within 100 yards of
each participant for the swim event on the navigable waters of the
Upper New York Bay located between Liberty Island, New York, and Morris
Canal, New Jersey. A portion of the navigable waters will be closed
during the effective period to all vessel traffic except patrol crafts.
The swim event will occur from approximately 7:30 a.m. until
approximately 8:30 a.m. on July 16, 2022. 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 7 a.m. until approximately 10 a.m. on July 16, 2022.
Vessels will still be able to transit the surrounding area and may
be authorized to transit through the safety zone with the permission
from the COTP or the designated representative. The COTP does not
anticipate any negative impact on vessel traffic due to this safety
zone.
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.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Upper New York Harbor in vicinity
of Ellis and Liberty Islands for 3 hours and during a time of day when
vessel traffic is normally low. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission to enter the zone.
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
[[Page 30803]]
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 received zero comments from the Small Business
Administration on this 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.
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 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 a
safety zone lasting approximately 3 hours that will prohibit entry
within 100 yards of participating swimmers for the Lady Liberty
Sharkfest Swim. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration for
Categorically Excluded Actions is available in the docket where
indicated under ADDRESSES.
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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T01-0026 to read as follows:
Sec. 165.T01-0026 Safety Zone; Lady Liberty Sharkfest Swim, Upper New
York Harbor, Liberty Island NY.
(a) Location. The following area is a safety zone: All waters of
the Upper New York Harbor, from surface to bottom, within a 100 yard
radius of each participating swimmer during the Lady Liberty Sharkfest
Swim.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port New York (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF channel 16 or by phone at (718) 354-4353 (Sector
New York Command Center). Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
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(d) Enforcement period. This section will be enforced from 7 a.m.
through 10 a.m. on July 16, 2022.
(e) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notice to Mariners of any
changes in the planned schedule.
Dated: May 16, 2022.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 2022-10846 Filed 5-19-22; 8:45 am]
BILLING CODE 9110-04-P
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