Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Rules and Regulations 63813 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0886] 

RIN 1625–AA87 

Moving Security Zone Around Crane 

Barge, New York Harbor Upper Bay 

and Hudson River, NY and NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a moving security zone 

around a crane barge that will operate 

from Jersey City, NJ on New York 

Harbor Upper Bay to the Tappan Zee 

Bridge on the Hudson River at river mile 

27.0. The moving security zone will 

extend 200 yards on all sides of the Left 

Coast Lifter crane barge. Vessels and 

people are prohibited from entering this 

security zone. 

DATES: This rule is effective without 

actual notice from October 27, 2014 

until December 31, 2014. For the 

purposes of enforcement, actual notice 

will be used from October 6, 2014, until 

October 27, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0886]. 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, call or 

email Mr. Jeff Yunker, Waterways 

Management Division, Coast Guard 

Sector New York; telephone 718–354– 

4195, email Jeff.M.Yunker@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 New York 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

NYSTA New York State Thruway Authority 

TFR Temporary Final Rule 

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 specifics associated with 

the crane barge transit were not received 

in time to publish an NPRM and seek 

comments before the subject transit. 

Publishing an NPRM and delaying the 

effective date of this rule to await public 

comments would be impracticable and 

contrary to the public interest since it 

would inhibit the Coast Guard’s ability 

to fulfill its statutory missions to protect 

and secure the ports and waterways of 

the United States. Upon completion of 

the vessel’s transit to the construction 

site, the Left Coast Lifter crane barge 

will be operating within the Regulated 

Navigation Area established for this 

project and published in the July 25, 

2014, issue of the Federal Register (79 

FR 43250). 

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 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, 160.5; 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define security zones. 

The New York State Thruway 

Authority has requested that the Coast 

Guard establish a temporary moving 

security zone on the waters of New York 

Harbor Upper Bay and the Hudson River 

during the transit of the Left Coast Lifter 

crane barge from Jersey City, NJ to the 

Tappan Zee Bridge. The purpose of the 

regulation is to ensure the security of 

the crane barge, facilities, and the 

surrounding areas and provide safety of 

life on the navigable waters in the COTP 

zone. Accordingly, the COTP has 

determined that this security zone is 

necessary to protect the crane barge and 

facilities. 

C. Discussion of Rule 

For the reasons discussed above, this 

rule establishes a temporary moving 

security zone within a 200-yard radius 

of the Left Coast Lifter crane barge as it 

transits on the waters of New York 

Harbor Upper Bay and the Hudson River 

from Jersey City, NJ to the Tappan Zee 

Bridge on the Hudson River at river mile 

27.0. This temporary security zone will 

be in effect from 5 a.m. on October 6, 

2014 until 8 p.m. on December 31, 2014. 

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. 

This determination is based on the 

limited time that vessels will be 

restricted from the zone as the crane 

barge transits past their location. The 

temporary moving security zone will 

only be enforced for a limited duration 

from approximately 5 a.m. to 12:30 p.m. 

on October 6, 2014 as the crane barge 

transits to a staging area at the bridge 

site and from approximately 12 p.m. to 

7 p.m. on October 8, 2014 as the barge 

transits from the staging area to the 

bridge. If necessary, this rulemaking 

allows for an enforcement period 

through December 31, 2014 due to any 

unforeseen circumstances delaying the 

vessel’s schedule. Thus, the Coast Guard 

expects minimal adverse impact on 

mariners from the zone’s enforcement 

based on the limited duration of the 

enforcement period. Moreover, the 

Coast Guard also expects minimal 

adverse impact on mariners in light of 

the limited geographic area affected and 

because mariners may request 

authorization from the COTP or a 

designated on-scene representative to 

transit the zone. In addition, before and 


rmajette on DSK2TPTVN1PROD with RULES
63814 Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Rules and Regulations 

during the enforcement period, the 

Coast Guard will issue maritime 

advisories widely available to users of 

the waterway, including verbal 

broadcast notice to mariners and 

distribute a written notice to waterway 

users online at http://

homeport.uscg.mil/newyork. 

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 will affect the following 

entities, some of which may be small 

entities: The owners and operators of 

vessels intending to transit or anchor in 

a portion of New York Harbor Upper 

Bay and the Hudson River between 

Jersey City, NJ and the Tappan Zee 

Bridge at river mile 27.0. 

This temporary security zone will not 

have a significant economic impact on 

a substantial number of small entities 

for all of the reasons discussed in the 

‘‘REGULATORY PLANNING AND 

REVIEW’’ section above. 

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 section above. 

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. 

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. 

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

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. 

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 From 

Environmental Health Risks 

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 

We have analyzed this rule 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 security zone and 

thus, is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. 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; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0886 to read as 

follows: 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Rules and Regulations 63815 

§ 165.T01–0886 Security Zone, New York 

Harbor Upper Bay and Hudson River; NY 

and NJ. 

(a) Location. The following area is a 

temporary moving security zone: All 

waters of New York Harbor Upper Bay 

and the Hudson River within a 200 yard 

radius of the Left Coast Lifter crane 

barge as it transits between Jersey City, 

NJ on New York Harbor Upper Bay and 

the Tappan Zee Bridge on the Hudson 

River at river mile 27.0. 

(b) Definitions. For purposes of this 

section a ‘‘Designated on-scene 

representative’’ is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the COTP 

to act on the COTP’s behalf. A 

designated on-scene representative may 

be on a Coast Guard vessel, or onboard 

a federal, state, or local agency vessel 

that is authorized to act in support of 

the Coast Guard. 

(c) Effective and enforcement period. 

This rule will be effective and enforced 

from 5 a.m. on October 6, 2014 until 8 

p.m. on December 31, 2014. 

(d) Regulations. In accordance with 

the general regulations in 33 CFR 

165.33, no person or vessel may enter or 

move within the security zone created 

by this section unless granted 

permission to do so by the COTP or a 

designated on-scene representative. 

Entry, transit, or anchoring within the 

security zone described in paragraph (a) 

of this section is prohibited unless 

authorized by the COTP. 

(e) Notice. The COTP will provide 

notice of the establishment and 

enforcement of this security zone in 

accordance with 33 CFR 165.7. 

(f) Vessel operators given permission 

to enter or operate in this security zone 

must comply with all directions given to 

them by the COTP or a designated onscene representative. 

(g) Vessel operators desiring to enter 

or operate within this security zone 

shall telephone the COTP at 718–354– 

4356 or a designated on-scene 

representative via VHF channel 16 to 

obtain permission to do so. 

(h) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: October 3, 2014. 

G. Loebl, 

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

Port New York. 

[FR Doc. 2014–25500 Filed 10–24–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0846] 

Safety Zone; Sea World San Diego 

2014 Winter Fireworks, Mission Bay; 

San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Sea World San Diego 2014 Firework 

safety zone on November 15, December 

12, and December 31, 2014. These 

reoccurring annual firework display 

events occur on the navigable waters of 

Mission Bay in San Diego, California. 

This action is necessary to provide for 

the safety of the marine event crew, 

spectators, safety vessels, and general 

users of the waterway. During the 

enforcement period, persons and vessels 

are prohibited from entering into, 

transiting through, or anchoring within 

this regulated area unless authorized by 

the Captain of the Port, or his 

designated representative. 

DATES: The regulations for the marine 

event listed in 33 CFR 165.1123, Table 

1, Item 7, will be enforced from 7 p.m. 

to 7:30 p.m. on November 15, 2014 and 

from 8:30 p.m. to 10 p.m. on December 

12, and December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Petty Officer Giacomo Terrizzi, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA; telephone 

(619) 278–7261, email 

Giacomo.Terrizzi@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 

Mission Bay for the Sea World San 

Diego 2014 Winter Fireworks, listed in 

33 CFR 165.1123, Table 1, Item 7 from 

7 p.m. to 7:30 p.m. on November 15, 

2014 and from 8:30 p.m. to 10 p.m. on 

December 12, and December 31, 2014. 

Under the provisions of 33 CFR 

165.1123, persons and vessels are 

prohibited during the fireworks display 

times from entering into, transiting 

through, or anchoring within the 800 

foot regulated area safety zone around 

the fireworks barge, located in 

approximate position 32°46′03′′ N, 

117°13′11′′ W, unless authorized by the 

Captain of the Port, or his designated 

representative. Persons or vessels 

desiring to enter into or pass through 

the safety zone may request permission 

from the Captain of the Port or a 

designated representative. The Coast 

Guard Captain of the Port or designated 

representative can be reached via VHF 

CH 16 or at (619) 278–7033. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the Captain of the Port or 

designated representative. Spectator 

vessels may safely transit outside the 

regulated area, but may not anchor, 

block, loiter, or impede the transit of 

official fireworks support, event vessels 

or enforcement patrol vessels. The Coast 

Guard may be assisted by other Federal, 

State, or local law enforcement agencies 

in patrol and notification of this 

regulation. 

This notice is issued under authority 

of 5 U.S. C. 552 (a) and 33 CFR 

165.1123. In addition to this notice in 

the Federal Register, the Coast Guard 

will provide the maritime community 

with advance notification of this 

enforcement period via Broadcast 

Notice to Mariners, and local 

advertising by the event sponsor. 

If the Coast Guard determines that the 

regulated area need not be enforced for 

the full duration stated on this notice, 

then a Broadcast Notice to Mariners or 

other communications coordinated with 

the event sponsor will grant general 

permission to enter the regulated area. 

Dated: September 16, 2014. 

J.A. Janszen, 

Commander, U. S. Coast Guard, Acting, 

Captain of the Port San Diego. 

[FR Doc. 2014–25484 Filed 10–24–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0780] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile 170 to Mile 172; Darrow, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Lower Mississippi 

River from mile marker 170 to mile 

marker 172 extending the entire width 

of the river, in the vicinity of the 

Houma’s House Plantation and Garden, 

Darrow, LA. This safety zone is 

necessary to protect persons and vessels 

from potential safety hazards associated 

with a barge based fireworks display on 


rmajette on DSK2TPTVN1PROD with RULES