[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37510-37513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13780]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0377]
RIN 1625-AA08


Special Local Regulation; On Water Activities Associated With the 
2016 Macy's 4th of July Fireworks, East River, Manhattan, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on the navigable waters of the East River and Upper New York 
Bay Manhattan and Brooklyn, NY for on water vessel management 
associated with the Macy's 4th of July fireworks show. This Special 
Local Regulation allows the Coast Guard to enforce spectator vessel 
movement and prohibit all vessel traffic from entering the fireworks 
barge buffer zone during times when the associated event could pose an 
imminent hazard to persons and vessels operating in the area. This rule 
is necessary to provide for the safety of life on the navigable waters 
and to establish public viewing areas during the event.

DATES: This rule is effective from 6 p.m. through 11 p.m. on July 4, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0377 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Kathleen Kane, Vessel Traffic 
Services Division, Sector New York, U.S. Coast Guard; telephone (718) 
354-4010, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The 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 an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The Coast Guard was provided the final details for this event 
on March 31, 2016. Macy's is unable to move their event to a later date 
because of the highly publicized nature of this 4th of July event. Due 
to a major change in the location of the event from the Hudson, to East 
River, the Coast Guard was unable to use the safety zone established by 
the recurring Macy's 4th of July fireworks regulation published in 
Table 1 of 33 CFR 165.160.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Any delay in this rule 
becoming effective would be contrary to public interest since immediate 
action is needed to provide for the safety of life and property on the 
navigable waters due to the inherent hazards created by the high 
concentration of spectator vessels expected in attendance for the 
event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. This Special Local Regulation is necessary to ensure the safety 
of spectators and vessels from hazards associated with the anticipated 
concentration of vessels, before, during, and after the scheduled 
event.

IV. Discussion of Comments, Changes, and the Rule

    The Coast Guard is establishing a Special Local Regulation on the 
navigable waters of the East River and Upper New York Bay along 
Manhattan and Brooklyn, NY for the on water management of vessels 
associated with the 2016 Macy's 4th of July event. The Special Local 
Regulation is necessary to ensure the safety of spectators from hazards 
associated with the anticipated concentration of vessels for the event.
    The event is scheduled to occur from 9:20 p.m. through 9:50 p.m. 
and the COTP New York anticipates a large number of vessels will 
congregate to view the fireworks display. This rule will be enforced 
from 6 p.m. through 11 p.m. on July 4, 2016 in order to ensure that the 
area is clear of persons and vessels before the fireworks display 
begins, and to ensure that no hazards remain after the fireworks 
display ends. If the event is cancelled due to inclement weather, then 
this regulation will be enforced from 6 p.m. through 11 p.m. on July 5, 
2016.
    The COTP New York will establish seven limited access areas within 
the boundary of the regulated area. Access to these areas will be 
restricted to vessels of a certain size. The seven limited access areas 
are: (1) A ``spectator area'' designated ALFA in which access is 
limited to vessels greater than or equal to 20 meters in length 
(65.6ft); (2) a ``spectator area'' designated BRAVO in which access is 
limited to vessels less than 20 meters in length (65.6ft); (3) a 
``buffer zone'' around the fireworks launch barges, designated area 
CHARLIE, limited to all vessels tending the fireworks launch barges; 
(4) a ``spectator area'' designated DELTA in which access is limited to 
vessels greater than 20 meters in length (65.6ft); (5) a ``spectator 
area'' designated ECHO in which access is limited to vessels less than 
or equal to 20 meters in length (65.6ft); (6) a ``buffer zone'' around 
the fireworks launch barge, designated area FOXTROT, limited to all 
vessels tending the fireworks launch barges; (7) a ``spectator area'' 
designated GOLF in which access is open to all vessels all lengths.

[[Page 37511]]

    Based on the inherent hazards associated with large concentrations 
of vessels in tight confines, the COTP New York has determined that the 
event poses a significant risk to public safety and property. The 
combination of an increased number of recreational vessels, congested 
waterways, and darkness has the potential to result in serious injuries 
or fatalities. The buffer zone along with the designated viewing areas 
will restrict vessels from a portion of the East River around the 
location of the fireworks launch platform before, during, and 
immediately after the event. All persons and vessels shall comply with 
the instructions of the COTP New York or a designated representative 
during the enforcement of the Special Local Regulation.
    Consistent with 33 CFR 165.7, the Coast Guard will notify the 
public and local mariners of this Special Local Regulation through 
appropriate means, which may include, but are not limited to, 
publication in the Federal Register, the Local Notice to Mariners, and 
Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will only be restricted from the regulated area for a limited duration, 
and the Special Local Regulation is in effect during late night hours 
when vessel traffic is low. Advanced public notifications will also be 
made to local mariners through appropriate means, which may include, 
but would not be limited to, Local Notice to Mariners and Broadcast 
Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to enter or 
transit within the Special Local Regulation may be small entities, for 
the reasons stated in section V.A above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
temporary rule involves restricting vessel movement within a Limited 
Access Area established by a Special Local Regulation. This rule is 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination will be available in the docket where indicated under 
ADDRESSES, though due to the short timeline it may be made available 
after publication of this rule in

[[Page 37512]]

the FR. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T01-0481 to read as follows:

Sec.  100.35T01-0481  Special Local Regulation; On Water Activities 
Associated with the 2016 Macy's 4th of July Fireworks, East River, 
Manhattan, NY.

    (a) Regulated area. The regulated area includes all navigable 
waters of the East River and Upper New York Bay bounded by a line drawn 
from position 40[deg]45'20'' N., 073[deg]57'21'' W. (57th Street, New 
York, NY to 43rd Ave., Long Island City, NY), south along the East 
River to position 40[deg]40'55'' N., 074[deg]01'21'' W. (Southern tip 
of Governors Island, NY to Red Hook Point, NY), bounded West by a line 
drawn from position 40[deg]41'47'' N., 074[deg]00'37'' W. (Southern tip 
of Downtown Manhattan Heliport, NY to Governors Island Ventilator, NY). 
All geographic coordinates are North American Datum of 1983 (NAD 83). 
Within the overall regulated area defined above, the following are 
individually defined areas subject to specific requirements:
    (1) Area ALPHA. All navigable waters of the East River south of a 
line drawn from position 40[deg]45'20'' N., 073[deg]57'21'' W. (57th 
Street, New York, to 43rd Ave, Long Island City, New York) to a line 
drawn from position 40[deg]44'58'' N. 073[deg]57'41'' W. (47th Street, 
New York, NY to N Basin Rd., Long Island City, NY) between the east 
shore of Manhattan and west shore of Roosevelt Island.
    (2) Area BRAVO. All navigable waters of the East River south of a 
line drawn from position 40[deg]45'20'' N., 073[deg]57'21'' W. (57th 
Street, New York, to 43rd Ave, Long Island City, New York) to a line 
drawn from position 40[deg]44'58'' N. 073[deg]57'41'' W., (47th Street, 
New York, NY to N Basin Rd., Long Island City, NY) between the east 
shore of Roosevelt Island and west shore of Long Island City. (NAD 83)
    (3) Area CHARLIE. All navigable waters of the East River bound by a 
line drawn from position 40[deg]44'58'' N. 073[deg]57'41'' W. (47th 
Street, New York, NY to N Basin Rd., Long Island City, NY), south along 
the East River to position 40[deg]43'40'' N., 073[deg]57'59'' W. (15th 
Street, New York, NY to Noble Street, Brooklyn, NY), (NAD 83).
    (4) Area DELTA. All navigable waters of the East River by a line 
drawn from position 40[deg]43'40'' N., 073[deg]57'59'' W. (15th Street, 
New York, NY to Noble Street, Brooklyn, NY), south to a line drawn from 
position 40[deg]43'19'' N., 073[deg]58'04'' W. (7th Street, New York, 
NY to Bushwick Inlet Park), (NAD 83).
    (5) Area ECHO. All navigable waters of the East River by a line 
drawn from position 40[deg]43'19'' N., 073[deg]58'04'' W. (7th Street, 
New York, NY to Bushwick Inlet Park), south to position 40[deg]42'52'' 
N., 073[deg]58'18'' W. (East River Park, New York, NY to S 4th Street), 
(NAD 83).
    (6) Area FOXTROT. All navigable waters of the East River by a line 
drawn from position 40[deg]42'52'' N., 073[deg]58'18'' W. (East River 
Park, New York, NY to S 4th Street), south to position 40[deg]41'58'' 
N., 074[deg]00'16'' W. (Downtown Manhattan Heliport to Pier 3 Brooklyn, 
NY).
    (7) Area GOLF. All navigable waters of the Upper Bay, New York 
Harbor, NY, south of a line drawn from position 40[deg]41'58'' N., 
074[deg]00'16'' W. to a line drawn from position 40[deg]41'29'' N., 
074[deg]00'31'' W. (Governors Island Ventilator to Pier 7 Brooklyn, 
NY), south. West by a line drawn from position 40[deg]41'47'' N., 
074[deg]00'37'' W. (Downtown Manhattan Heliport to Governors Island 
Ventilator).
    (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, 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 New York.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.35, entry into, transiting, or anchoring 
within the regulated areas is prohibited, unless authorized by the COTP 
or a designated representative.
    (2) Vessels are authorized by the COTP or a designated 
representative to enter areas of this special location regulation in 
accordance with the following restrictions:
    (i) Area ALPHA access is limited to vessels greater than or equal 
to 20 meters (65.6ft) in length.
    (ii) Area BRAVO access is limited to vessels less than 20 meters 
(65.6ft) in length.
    (iii) All vessels are prohibited from entering area CHARLIE without 
permission from the COTP or a designated representative.
    (iv) Area DELTA access is limited to vessels less than 20 meters 
(65.6ft) in length.
    (v) Area ECHO access is limited to vessels greater than or equal to 
20 meters (65.6ft) in length.
    (vi) All vessels are prohibited from entering area FOXTROT without 
permission from the COTP or a designated representative.
    (vii) Area GOLF access is not limited by vessel length.
    (3) All persons and vessels in the regulated areas shall comply 
with the instructions of the COTP or a designated representative. 
Vessels shall be present in the corresponding areas by 7:30 p.m.
    (4) Upon being hailed by a U.S. Coast Guard vessel or a designated 
representative, by siren, radio, flashing light or other means, the 
operator of the vessel shall proceed as directed. A 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. Failure to comply with a lawful 
direction may result in expulsion from the area, citation for failure 
to comply, or both.
    (5) Vessel operators desiring to enter or operate within the 
regulated area should contact the COTP New York at (718) 354-4356 
(Sector NY Command Center) or a designated representative via VHF 
channel 16 to obtain permission to do so.
    (6) 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

[[Page 37513]]

unless authorized by COTP New York or a designated representative.
    (7) The COTP New York or a designated representative may delay or 
terminate any marine event in this subpart at any time if it is deemed 
necessary to ensure the safety of life or property.
    (d) Enforcement period. This regulation will be enforced from 6 
p.m. until 11 p.m. on July 4, 2016, and if the fireworks display is 
postponed due to inclement weather, it will be enforced from 6 p.m. 
until 11 p.m. on July 5, 2016.

    Dated: May 23, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-13780 Filed 6-9-16; 8:45 am]
BILLING CODE 9110-04-P