Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules 22525 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed 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. 

Protection of Children 

We have analyzed this proposed 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. 

Indian Tribal Governments 

This proposed 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. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order 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. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

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 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. Upon receipt 

of consultation comments all 

documentation will be made available 

in the docket where indicated under 

ADDRESSES. This proposed rule involves 

establishing a temporary safety zone. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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 

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 and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T05–0189 to read as 

follows: 

§ 165.T05–0189 Safety Zone; 2012 Ocean 

City Air Show, Atlantic Ocean, Ocean City, 

MD. 

(a) Regulated Area. The following area 

is a safety zone: Specified waters of the 

Captain of the Port Sector Hampton 

Roads zone, as defined in 33 CFR 3.25– 

10, in the vicinity of the Atlantic Ocean 

in Virginia Beach, VA bound by the 

following coordinates: 38°,21′,38′′ N/ 

075°,04′,04′′ W, 38°,21′,27′′ N/ 

075°,03′,29′′ W, 38°,19′,35′′ N/ 

075°,04′,19′′ W, 38°,19′,45′′ N/ 

075°,04′,54′′ W (NAD 1983), in the 

vicinity of Ocean City, Maryland. 

(b) Definition: For the purposes of this 

part, Captain of the Port Representative 

means any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period: This 

regulation will be enforced from 10 a.m. 

until 4 p.m. on June 8, 2012, from 

10 a.m. until 4 p.m. on June 9, 2012, and 

from 10 a.m. until 4 p.m. on June 10, 

2012. 

Dated: March 14, 2012. 

Mark S. Ogle, 

Captain, U.S. Coast Guard, Captain of the 

Port Hampton Roads. 

[FR Doc. 2012–9061 Filed 4–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1000] 

RIN 1625–AA00 

Safety Zone; Swim Events in the 

Captain of the Port New York Zone; 

Hudson River, East River, Upper New 

York Bay, Lower New York Bay; New 

York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish seven temporary safety zones 


emcdonald on DSK29S0YB1PROD with PROPOSALS
22526 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules 

for swim events within the Captain of 

the Port (COTP) New York Zone. These 

proposed zones will be established on 

the navigable waters of the Hudson 

River, East River, Upper New York Bay 

and Lower New York Bay. These 

temporary safety zones are necessary to 

protect the maritime public and event 

participants from the hazards associated 

with these events. Persons and vessels 

are prohibited from entering into, 

transiting through, mooring, or 

anchoring within the safety zones 

unless authorized by the COTP New 

York or the designated representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 16, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before May 7, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–1000 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Ensign Kimberly 

Farnsworth, Coast Guard; telephone 

(718) 354–4163, email Kimberly.A.

Farnsworth@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–1000), 

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 (via 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 via www.regulations.gov, 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, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2011–1000’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

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. 

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, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

1000’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

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). 

Public Meeting 

We do not plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Basis and Purpose 

The legal basis for the proposed rule 

is 33 U.S.C. 1266, 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, and 

160.5; Pub. L. 107–295, 116 Stat. 2064; 

and Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define regulatory safety zones. 

Marine events are frequently held on 

the navigable waters within the COTP 

Sector New York Zone. 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 

temporary rule establishes temporary 

safety zones for the duration of the 

events. 

This rule prevents vessels from 

entering into, transiting through, 

mooring or anchoring within the areas 

specifically designated as the regulated 

areas during the periods of enforcement 

unless authorized by the COTP, or the 

designated representative. 

Discussion of Proposed Rule 

In previous years, the Coast Guard has 

established special local regulations, 

regulated areas, and safety zone for 

these annual recurring events on a case 

by case basis to ensure the protection of 

the maritime public and event 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules 22527 

participants from hazards associated 

with these events. The Coast Guard has 

not received public comments or 

concerns regarding the impact to 

waterway traffic from these events. 

These swim events pose significant 

risks to participants, spectators and the 

boating public because of the number of 

swimmers, kayakers and recreational 

vessels that are expected in the area of 

these events. 

This temporary rule creates safety 

zones for seven swim events on the 

navigable waters of the Hudson River, 

East River, Upper New York Bay and 

Lower New York Bay. A portion of the 

navigable waters will be closed during 

the effective periods to all vessel traffic 

except local, state or Coast Guard patrol 

crafts. The events and locations are as 

follows: 

(1) The Iron Man Open Water Swim 

Clinics: All waters of the Hudson River 

in the vicinity of Palisades State Park, 

NJ. 

(2) The New York Triathlon Swim 

Clinics: within the waters of the Lower 

Hudson River in the vicinity of West 

100th Street and West 81st Street, 

Manhattan, NY. 

(3) The Verrazano Bridge Swim: 

Within the waters of Lower New York 

Bay in the vicinity of Fort Hamilton, 

Brooklyn, NY and Fort Wadsworth, 

Staten Island, NY. 

(4) The Rose Pitonof Swim: within the 

waters of the East River, Upper New 

York Bay and Lower New York Bay, 

from East 26th Street, Manhattan, NY to 

Steeplechase Pier, Coney Island, NY. 

(5) The Liberty to Freedom Swim: 

within the waters of the Upper New 

York Bay, from Liberty Island, NJ to 

North Cove, New York, NY. 

(6) Ederle Swim: Within the waters of 

the Hudson River between North Cove 

Marina, New York, NY and Sandy Hook, 

NJ. 

(7) Brooklyn Bridge Swim: Within the 

waters of the East River in the vicinity 

of Brooklyn Bridge Park, Brooklyn, NY 

and East River Park, New York, NY. 

The proposed regulation would 

prevent vessels from transiting areas 

designated as safety zones during the 

periods of enforcement to ensure 

protection of the maritime public and 

event participants from hazards 

associated with the listed swim events. 

Only event sponsors, designated 

participants, and official patrol vessels 

will be allowed to enter the regulated 

areas. Spectators and other vessels not 

registered as event participants may not 

enter the safety zones without 

permission of the COTP or the 

designated representative. 

The specific times, dates, regulated 

areas, and enforcement period for each 

event will be provided through the 

Local Notice to Mariners, Broadcast 

Notice to Mariners and online at 

http://homeport.uscg.mil/newyork. 

The final rule will not be published 

30 days before the event and the 

effective date of this proposed rule as is 

generally required by 5 U.S.C. 553(d)(3). 

The Coast Guard will accept comments 

on this shortened period and address 

them in the final rule. 

Regulatory Analyses 

We developed this proposed 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. 

Executive Order 12866 and Executive 

Order 13563 

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, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

These safety zones will be of limited 

duration, and vessels may transit in 

portions of the affected waterway except 

for those areas covered by the proposed 

regulated areas. Furthermore, vessels 

may be authorized to transit these zones 

with the permission of the COTP New 

York or the designated representative. 

Notifications will be made to the local 

maritime community through the Local 

Notice to Mariners and Broadcast Notice 

to Mariners well in advance of the 

events. No new or additional 

restrictions would be imposed on vessel 

traffic. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

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. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners and operators of 

vessels intending to transit, fish or 

anchor in the designated safety zones 

during the enforcement period of the 

swim events. 

The safety zones will not have 

significant economic impact on a 

substantial number of small entities for 

the following reasons: Vessels will only 

be restricted from safety zone areas for 

a short duration of time; vessels may 

transit in portions of the affected 

waterway except for those areas covered 

by the proposed regulated areas; the 

Coast Guard has promulgated safety 

zones in accordance with 33 CFR Part 

165 for all event areas in the past and 

has not received notice of any negative 

impact caused by any of the safety 

zones; and notifications will be made to 

the local maritime community through 

the Local Notice to Mariners and 

Broadcast Notice to Mariners well in 

advance of the events. 

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. 

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 proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking 

process. 

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 1–888–REG– 

FAIR (1–888–734–3247). 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. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 


emcdonald on DSK29S0YB1PROD with PROPOSALS
22528 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules 

have determined that it does not have 

implications for federalism. 

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 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This proposed 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. 

Civil Justice Reform 

This proposed 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. 

Protection of Children 

We have analyzed this proposed 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. 

Indian Tribal Governments 

This proposed 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. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order 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. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

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 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action appears to be one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. 

A preliminary environmental analysis 

checklist supporting this determination 

will be available in the docket where 

indicated under ADDRESSES. This 

proposed rule involves the 

establishment of four temporary safety 

zones for swim events. This rule 

appears to be categorically excluded, 

under figure 2–1, paragraph (34)(g), by 

the Commandant Instruction. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

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 

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. 

2. Add § 165.T01–1000 to read as 

follows: 

§ 165.T01–1000 Swim Events in the 

Captain of the Port New York Zone, Hudson 

River, East River, Upper New York Bay, 

Lower New York Bay, New York, NY. 

(a) Regulation. The general 

regulations contained in 33 CFR 165.23 

as well as the following regulations 

apply to the swim events listed in 

TABLE 1 of § 165.T01–1000. These 

regulations will be enforced for the 

duration of each swim event. 

Notifications of exact dates and times of 

the enforcement period will be made to 

the local maritime community through 

the Local Notice to Mariners and 

Broadcast Notice to Mariners. First 

Coast Guard District Local Notice to 

Mariners can be found at http:// 

www.navcen.uscg.gov/. 

(b) 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 Zone to act on 

his or her behalf. 

(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. 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. 

(3) Spectators. All persons and vessels 

not registered with the event sponsor as 

participants or official patrol vessels. 

(c) Vessel operators desiring to enter 

or operate within the regulated areas 

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. 

(d) Spectators or other vessels shall 

not anchor, block, loiter, or impede the 


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Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules 22529 

transit of event participants or official 

patrol vessels in the regulated areas 

during the effective dates and times, or 

dates and times as modified through the 

Local Notice to Mariners, unless 

authorized by COTP or the designated 

representative. 

(e) Upon being hailed by a U.S. Coast 

Guard vessel or the designated 

representative, by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with a lawful direction may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(f) The COTP or the designated 

representative may delay or terminate 

any marine event in this subpart at any 

time it is deemed necessary to ensure 

the safety of life or property. 

(g) For all swim events listed in Table 

1 to § 165.T01–1000, vessels not 

associated with the event shall maintain 

a separation of at least 100 yards from 

the participants. 

TABLE 1 TO § 165.T01–1000 

1.0 Hudson River 

1.1 Iron Man Open Water Swim Clinics ................................................ • Date: June 30 and July 14, 2012. 

• Rain Date: NA. 

• Enforcement Period: 8 a.m. to 10:30 a.m. 

• Location site: All waters of the Hudson River in the vicinity of Ross 

Docks Camp Ground, bound by the following points: 40°51′41′′ N, 

073°57′13′′ W; thence to 40°51′41′′ N, 074°56′12′′ W; thence to 

40°54′00′′ N, 073°54′57′′ W; thence to 40°54′00.0′′ N, 073°56′06′′ W; 

thence along the shoreline to the point of origin. 

1.2 NYC Triathlon Swim Clinic .............................................................. • Date: June 17, 2012. 

• Rain Date: June 16 or June 24, 2012. 

• Enforcement Period: 10 a.m. to 11:30 a.m. 

• Location: All waters of the Hudson River in the vicinity of Ross 

Docks Camp Ground, bound by the following points: 40°48′0.15′′ N, 

073°58′30.59′′ W; thence to 40°48′19.17′′ N, 073°59′9.76′′ W; thence 

to 40°47′33.29′′ N, 073°59′43.51′′ W; thence to 40°47′12.76′′ N, 

073°59′3.87′′ W thence along the shoreline to the point of origin. 

2.0 Lower New York Bay 

2.1 Verrazano Bridge Swim ................................................................... • Date: July 21, 2012. 

• Rain Date: NA. 

• Enforcement Period: 12:30 p.m. to 1:30 p.m. 

• Location: All waters of the Lower New York Bay in the vicinity of the 

Verrazano Bridge, bound by the following points: 40°36′12.74′′ N, 

074°3′12.92′′ W; thence to 40°35′59.20′′ N, 074°3′8.72′′ W; thence to 

40°36′27.30′′ N, 074°2′3.101′′ W; thence to 40°36′32.91′′ N, 

074°2′9.30′′ W; thence along the shoreline to the point of origin. 

3.0 East River, Upper New York Bay, Lower New York Bay 

3.1 Rose Pitonof Swim .......................................................................... • Date: August 18, 2012. 

• Rain Date: NA. 

• Enforcement Period: 9 a.m. to 5 p.m. 

• Location: All waters of the East River, Upper and Lower New York 

Bays, bound by the following points: 40°44′11.55′′ N, 073°58′21.58′′ 

W; thence to 40°44′19.63′′ N, 073°57′45.25′′ W; thence to 

40°34′10.43′′ N, 073°58′59.88′′ W; thence to 40°32′16.62′′ N, 

074°2′34.30′′ W; thence to 40°36′13.95′′ N, 074°3′8.58′′ W; thence to 

40°38′38.81′′ N, 074°4′15.14′′ W; thence back to the point of origin. 

4.0 Upper New York Bay, Hudson River 

4.1 Liberty to Freedom Swim ................................................................. • Date: September 15, 2012. 

• Rain Date: NA. 

• Enforcement Period: 3 p.m. to 5 p.m. 

• Location: All waters of the East River, Upper and Lower New York 

Bays, bound by the following points: 40°41′24.15′′ N, 074°2′33.47′′ 

W; thence to 40°41′35.25′′ N, 074°1′10.95′′ W; thence to 

40°42′48.91′′ N, 074°1′3.44′′ W; thence to 40°43′0.17′′ N, 

074°1′47.99′′ W; thence to 40°41′27.55′′ N, 074°2′49.72′′ W; thence 

back to the point of origin. 

5.0 Upper New York Bay, Hudson River 

5.1 Brooklyn Bridge Swim ...................................................................... • Date: July 15, 2012. 

• Rain Date: NA. 

• Enforcement Period: 7:15 a.m. to 9:15 a.m. 


emcdonald on DSK29S0YB1PROD with PROPOSALS
22530 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Proposed Rules 

TABLE 1 TO § 165.T01–1000—Continued 

• Location: All waters of the East River, bound by the following points: 

40°42′17.04′′ N, 073°59′21.87′′ W; thence to 40°42′12.03′′ N, 

073°59′46.17′′ W; thence to 40°42′24.48′′ N, 074°0′4.09′′ W; thence 

to 40°42′34.19′′ N, 073°59′31.41′′ W; thence back to point of origin. 

6.0 Upper New York Bay, Lower New York Bay 

6.1 Ederle Swim ..................................................................................... • Date: August 18, 2012. 

• Rain Date: August 19, 2012. 

• Enforcement Period: 10 a.m. to 7:30 p.m. 

• Location: All waters of the Hudson River, Upper and Lower New 

York Bays, bound by the following points: 40°42′48.13′′ N, 

074°0′58.74′′ W; thence to 40°42′3.20′′ N, 073°59′54.84′′ W; thence 

to 40°36′32.70′′ N, 074°2′10.73′′ W; thence to 40°28′4.43′′ N, 

073°59′38.14′′ W; thence to 40°28′41.58′′ N, 074°0′55.27′′ W; thence 

to 40°38′38.77′′ N, 074°4′15.05′′ W; thence to 40°43′0.31′′ N, 

074°1′48.11′′ W; thence back to point of origin. 

Dated: March 23, 2012. 

L.L. Fagan, 

Rear Admiral, U.S. Coast Guard, Captain of 

the Port of New York. 

[FR Doc. 2012–9064 Filed 4–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0167] 

RIN 1625–AA00 

Safety Zone; Fireworks, Hudson River, 

Rhinecliff, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

navigable waters of the Hudson River in 

the vicinity of Rhinecliff, NY for a 

fireworks display. This temporary safety 

zone is necessary to protect spectators 

and vessels from the hazards associated 

with fireworks displays. This rule is 

intended to restrict all vessels from a 

portion of the Hudson River before, 

during, and immediately after the 

fireworks event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 15, 2012. 

Requests for public meetings must be 

received by the Coast Guard on or before 

May 7, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0167 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Ensign Kimberly 

Farnsworth, Coast Guard; Telephone 

(718) 354–4163, email 

Kimberly.A.Farnsworth@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0167), 

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 (via 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 via 

www.regulations.gov, 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, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2012–0167’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

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. 

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, click on the 

‘‘read comments’’ box, which will then 


emcdonald on DSK29S0YB1PROD with PROPOSALS