Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16281 

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 phone 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, type 

the docket number [USCG–2015–0046] 

in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. 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 them 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–2015–0046) 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 

As of now, we do not plan to hold a 

public meeting. You may submit a 

request for one using one of the three 

methods specified under ADDRESSES. 

Please explain why one 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. 

B. Basis and Purpose 

The Snake Creek Bridge in 

Islamorada, Florida, owned by the 

Florida Department of Transportation, 

has a vertical clearance of 27 feet in the 

closed position. The normal operating 

schedule as published in 33 CFR 

117.331 is—‘‘The draw of the Snake 

Creek bridge, at Islamorada, Florida, 

shall open on signal, except that from 

8 a.m. to 4 p.m., the draw need open 

only on the hour and half-hour.’’ This 

schedule has been in effect since 2001. 

For the following reasons the Coast 

Guard is testing a new schedule for the 

Snake Creek Bridge: 

1. As reported by village and city 

councils, vessel traffic has negatively 

impacted Islamorada and surrounding 

communities. This temporary deviation 

is intended to test a new bridge 

operation schedule to reduce vehicular 

traffic caused by bridge openings during 

peak travel times. 

2. On January 8–10, 2013, the Florida 

Department of Transportation 

conducted a traffic monitoring study 

1400 feet south of the Snake Creek 

Bridge on US–1. The study found peak 

traffic volumes occurring at 08:45 a.m. 

and between 12:15 p.m. and 15:15 p.m. 

The types of vessels navigating Snake 

Creek include sport fishing vessels and 

catamaran sailboats. 

This deviation is effective from 8 a.m. 

on March 16, 2015 until 6 p.m. on July 

14, 2015. This deviation will allow the 

Snake Creek Bridge in Islamorada, 

Florida to open on the top of the hour 

from 8 a.m. to 6 p.m. 

During the test deviation, vessels may 

signal the bridge to open on the top of 

the hour from 8 a.m. to 6 p.m. 

Any vessel that can safely transit 

under the Snake Creek Bridge while 

closed may continue to navigate under 

the bridge during this deviation. 

As an alternate route, vessel operators 

may consider the use of Channel Five, 

a navigable channel above Long Key, 

Florida 5.7 nautical miles southwest of 

Snake Creek Bridge. The fixed US–1 

bridge has a vertical clearance of 65 feet. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of this temporary deviation’s 

effective period. This deviation from the 

operating regulations is authorized 

under 33 CFR 117.35. 

Dated: March 6, 2015. 

Barry Dragon, 

U.S. Coast Guard, Bridge Administrator, 

Seventh Coast Guard District. 

[FR Doc. 2015–06949 Filed 3–26–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0189] 

RIN 1625–AA00 

Safety Zone; Vessel Fire and Escort, 

Port of New York, NJ, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Port of New 

York for the transit of the M/V GREY 

SHARK. This action is necessary to 

provide for the safety of life on 

navigable waters during the transit of 

the vessel in distress due to a shipboard 

fire and ongoing damage control 

operations. Entering into, transiting 

through, remaining, anchoring or 

mooring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port (COTP) New York. 

DATES: This rule is effective without 

actual notice from March 27, 2015 until 

April 1, 2015. For the purposes of 

enforcement, actual notice will be used 

from the date the rule was signed, 

March 18, 2015 until April 1, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2015–0189]. 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, contact 

LT Douglas Neumann, Waterways 

Management Division, Coast Guard 

Sector New York, (718) 354–4154, 

Douglas.W.Neumann@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call 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 


asabaliauskas on DSK5VPTVN1PROD with RULES
16282 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final 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 the 

safety zone is required for an emergency 

response to escort the vessel into port 

after a shipboard fire, for which the 

Coast Guard had no advance notice. 

Therefore publishing an NPRM and 

taking public comments prior to issuing 

a rule would be impracticable and 

contrary to the public interest. 

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. For the same reasons 

discussed in the preceding paragraph, 

delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest. 

B. Basis and Purpose 

The legal basis for this temporary rule 

is 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; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define regulatory safety zones. 

On March 17, 2015 U.S. Coast Guard 

Sector New York was made aware that 

the M/V Grey Shark intended to enter 

the Port of New York after suffering a 

shipboard fire and encountering rough 

weather. The M/V Grey Shark was 

placed under tow and escorted by the 

Coast Guard Cutter Seneca to Gravesend 

Bay Anchorage at the mouth of the Port 

of New York until the vessel proceeds 

to its final destination to safely mitigate 

the fire and ongoing damage control 

operations. After examination of the 

facts by Coast Guard personnel, it was 

determined by the Captain of the Port 

(COTP), Sector New York, that Coast 

Guard emergency response was 

necessary to protect the public and 

environment from a potential hazard to 

navigation. 

C. Discussion of the Temporary Final 

Rule 

For the reasons discussed above, the 

COTP is establishing a temporary safety 

zone of 150 yards around the M/V Grey 

Shark as the vessel proceeds to its final 

destination to safely mitigate the fire 

and ongoing damage control operations. 

No vessel may enter, transit, moor, or 

anchor within safety zone during the 

period of enforcement unless authorized 

by the COTP or designated 

representative. The COTP will cause 

public notifications to be made by all 

appropriate means including but not 

limited to Broadcast Notice to Mariners. 

D. 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 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 

rule is not a significant regulatory action 

for the following reasons: The safety 

zone will be relatively short in duration 

and covers only a small portion of the 

navigable waterways. Furthermore, 

vessels may transit the navigable 

waterway outside of the safety zone. 

Moreover, vessels desiring entry into the 

safety zone may be authorized to do so 

by the COTP or a COTP’s designated 

representative. Advanced public 

notifications will also be made to the 

local maritime community by 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 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. 

This rule would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

Gravesend Bay Anchorage. 

This safety zone would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This safety zone 

would be activated, and thus subject to 

enforcement, for a limited period of 

time. Vessel traffic could pass safely 

around the safety zone. 

3. 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 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 rule under that Order and 

determined that this rule does not have 

implications for federalism. 


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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16283 

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

INTFORMATION 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 rule 

will 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 will 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 

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 

does not create an environmental risk to 

health or risk to safety that may 

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 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

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 the 

establishment of a safety zone. This rule 

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 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 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 

■ 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; and 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0189 to read as 

follows: 

§ 165.T01–0189 Safety Zone; M/V Grey 

Shark, New York Harbor. 

(a) Location. The following area is a 

safety zone: 150 yards from the M/V 

Grey Shark. 

(b) Effective and enforcement period. 

This rule will be effective and enforced 

from 7:00 p.m. on March 17, 2015 to 

11:59 p.m. on April 1, 2015. 

(c) Definitions. The following 

definitions apply to this section: A 

‘‘designated representative’’ is any Coast 

Guard commissioned, warrant or petty 

officer of the U.S. Coast Guard who has 

been designated by the COTP, Sector 

New York, to act on his 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. ‘‘Official 

patrol vessels’’ may consist of any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the COTP Sector New 

York. In addition, members of the Coast 

Guard Auxiliary may be present to 

inform vessel operators of this 

regulation. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) In accordance with the general 

regulations in 33 CFR 165.23, entry into 

or movement within this zone is 

prohibited unless authorized by the 

Captain of the Port, New York 

(3) Operators of vessels desiring to 

enter or operate within the safety zone 

should contact the Sector New York 

Vessel Traffic Center via VHF channel 

16 to obtain permission to do so. 

(4) Any vessel given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the COTP Sector New York or 

a designated on-scene representative. 

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

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. 

Dated: March 18, 2015. 

G. Loebl, 

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

Port New York. 

[FR Doc. 2015–07139 Filed 3–26–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2015–0067] 

Annual Safety Zones in the Eighth 

Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the RiverFest fireworks safety zone on 

the Neches River in Port Neches, TX 

from 8:30 p.m. until 9:30 p.m. on May 

2, 2015. This action is necessary to 

protect persons from the hazards 

associated with a fireworks display. 


asabaliauskas on DSK5VPTVN1PROD with RULES