[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Proposed Rules]
[Pages 22525-22530]
[FR Doc No: 2012-9064]

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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.

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SUMMARY: The Coast Guard proposes to establish seven temporary safety
zones

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:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

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 8\1/2\ 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

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

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 Sec.  165.T01-1000 to read as follows:

Sec.  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 Sec.  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<PHONE_NUMBER> (Sector New York command center) to
obtain permission to do so.
    (d) Spectators or other vessels shall not anchor, block, loiter, or
impede the

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 Sec.  165.T01-1000,
vessels not associated with the event shall maintain a separation of at
least 100 yards from the participants.

                     Table 1 to Sec.   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[deg]51[min]41[sec] N,
                                          073[deg]57[min]13[sec] W;
                                          thence to
                                          40[deg]51[min]41[sec] N,
                                          074[deg]56[min]12[sec] W;
                                          thence to
                                          40[deg]54[min]00[sec] N,
                                          073[deg]54[min]57[sec] W;
                                          thence to
                                          40[deg]54[min]00.0[sec] N,
                                          073[deg]56[min]06[sec] 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[deg]48[min]0.15[sec] N,
                                          073[deg]58[min]30.59[sec] W;
                                          thence to
                                          40[deg]48[min]19.17[sec] N,
                                          073[deg]59[min]9.76[sec] W;
                                          thence to
                                          40[deg]47[min]33.29[sec] N,
                                          073[deg]59[min]43.51[sec] W;
                                          thence to
                                          40[deg]47[min]12.76[sec] N,
                                          073[deg]59[min]3.87[sec] 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[deg]36[min]12.74[sec] N,
                                          074[deg]3[min]12.92[sec] W;
                                          thence to
                                          40[deg]35[min]59.20[sec] N,
                                          074[deg]3[min]8.72[sec] W;
                                          thence to
                                          40[deg]36[min]27.30[sec] N,
                                          074[deg]2[min]3.101[sec] W;
                                          thence to
                                          40[deg]36[min]32.91[sec] N,
                                          074[deg]2[min]9.30[sec] 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[deg]44[min]11.55[sec] N,
                                          073[deg]58[min]21.58[sec] W;
                                          thence to
                                          40[deg]44[min]19.63[sec] N,
                                          073[deg]57[min]45.25[sec] W;
                                          thence to
                                          40[deg]34[min]10.43[sec] N,
                                          073[deg]58[min]59.88[sec] W;
                                          thence to
                                          40[deg]32[min]16.62[sec] N,
                                          074[deg]2[min]34.30[sec] W;
                                          thence to
                                          40[deg]36[min]13.95[sec] N,
                                          074[deg]3[min]8.58[sec] W;
                                          thence to
                                          40[deg]38[min]38.81'' N,
                                          074[deg]4[min]15.14[sec] 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[deg]41[min]24.15[sec] N,
                                          074[deg]2[min]33.47[sec] W;
                                          thence to
                                          40[deg]41[min]35.25[sec] N,
                                          074[deg]1[min]10.95[sec] W;
                                          thence to
                                          40[deg]42[min]48.91[sec] N,
                                          074[deg]1[min]3.44[sec] W;
                                          thence to
                                          40[deg]43[min]0.17[sec] N,
                                          074[deg]1[min]47.99[sec] W;
                                          thence to
                                          40[deg]41[min]27.55[sec] N,
                                          074[deg]2[min]49.72[sec] 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.

                                          Location: All waters
                                          of the East River, bound by
                                          the following points:
                                          40[deg]42[min]17.04[sec] N,
                                          073[deg]59[min]21.87[sec] W;
                                          thence to
                                          40[deg]42[min]12.03[sec] N,
                                          073[deg]59[min]46.17[sec] W;
                                          thence to
                                          40[deg]42[min]24.48[sec] N,
                                          074[deg]0[min]4.09[sec] W;
                                          thence to
                                          40[deg]42[min]34.19'' N,
                                          073[deg]59[min]31.41[sec] 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[deg]42[min]48.13[sec] N,
                                          074[deg]0[min]58.74[sec] W;
                                          thence to
                                          40[deg]42[min]3.20[sec] N,
                                          073[deg]59[min]54.84[sec] W;
                                          thence to
                                          40[deg]36[min]32.70[sec] N,
                                          074[deg]2[min]10.73[sec] W;
                                          thence to 40[deg]28[min]4.43''
                                          N, 073[deg]59[min]38.14[sec]
                                          W; thence to
                                          40[deg]28[min]41.58[sec] N,
                                          074[deg]0[min]55.27[sec] W;
                                          thence to
                                          40[deg]38[min]38.77[sec] N,
                                          074[deg]4[min]15.05[sec] W;
                                          thence to
                                          40[deg]43[min]0.31[sec] N,
                                          074[deg]1[min]48.11[sec] 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