[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Proposed Rules]
[Pages 24923-24927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08944]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2022-0186]
RIN 1625-AA08


Special Local Regulation; East River 4th of July Fireworks, New 
York, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation on the navigable waters of the East River and New York 
Harbor, New York, NY, for vessel management for the annual 4th of July 
fireworks displays. This special local regulation allows the Coast 
Guard to control vessel movement and prohibit all vessel traffic from 
entering the fireworks barge buffer zone, establish four separate 
viewing areas, and a moving protection zone around the barges while 
they are loaded with pyrotechnics. This rule is necessary to provide 
for the safety of life on the navigable waters immediately before, 
during, and after a fireworks display that involves multiple barge 
launch sites on a highly congested waterway. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 27, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0186 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email MST1 Stacy Stevenson, Waterways Management Division, U.S. 
Coast Guard; telephone 718-354-4197, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 7, 2022, the Coast Guard received an Application for 
Marine Event for the annual 4th of July fireworks display. The Captain 
of the Port New York (COTP) has determined that this event in close 
proximity to marine traffic poses a significant risk to public safety 
and property. The special local regulation proposed mimics those 
limited access areas established for 4th of July in previous years, 
with the addition of a moving protection zone

[[Page 24924]]

around the loaded fireworks barges that will be enforced from the point 
of departure from the loading facility until placement in show 
position. As in previous years, a buffer zone will be established 
around the barges and four separate viewing areas that will separate 
vessels based on length. Multiple fireworks displays will commence 
simultaneously producing a relatively large fallout zone over the East 
River during a time when the East River and New York Harbor experiences 
heavy vessel congestion which necessitates the need for the control of 
vessel movement immediately before, during, and after this display.
    The combination of multiple simultaneous fireworks displays on the 
East River where a significant increase of recreational vessel traffic 
is anticipated 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 proposed rule would 
establish a moving protection zone around the loaded fireworks barges, 
a buffer zone around the barges while they are in show position, and 
four separate viewing areas separating vessels by size. The purpose of 
this proposed rulemaking is to ensure the safety of participants, non-
participants, and transiting vessels on the navigable waters in the 
vicinity of the fireworks display and the spectator zone before, 
during, and after the scheduled event. The Coast Guard proposes this 
rulemaking under the authority of 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a special local regulation 
annually on July 4th or July 5th from 5:30 p.m. through 11:30 p.m. This 
special local regulation will include a moving protection zone 
excluding all vessels from entering within a 25-yard radius from each 
loaded fireworks barge from the point of departure from the loading 
facility, during the transit of the New York Harbor, and until the 
placement in show position on the East River. The buffer zone will 
exclude all nonparticipating vessels from the area surrounding the 
barges immediately before, during, and after the display. Four separate 
viewing areas will be established that will separate vessels based on 
vessel length.
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[GRAPHIC] [TIFF OMITTED] TP27AP22.005

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[[Page 24925]]

    The duration of the areas are intended to ensure the safety of 
vessels, participants, spectators, and those transiting the area during 
the fireworks display. Navigation rules shall apply at all times within 
the areas. The Coast Guard will provide notice of the special local 
regulation by Local Notice to Mariners, Broadcast Notice to Mariners, 
and on-scene designated representatives.

IV. Regulatory Analyses

    We developed this proposed 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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
proposed rule has not been reviewed by the Office of Management and 
Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the special local regulation. The special 
local regulation is limited in duration and to a narrowly tailored 
geographic area. In addition, although this rule restricts access to 
the waters encompassed by the local regulation, the effect of this rule 
will not be significant because the local waterway users will be 
notified in advance via public Broadcast Notice to Mariners to ensure 
the special local regulation will result in minimum impact. Mariners 
will therefore be able to transit outside the periods of enforcement of 
the special local regulation. Additionally, mariners may be able to 
transit during a portion of the enforcement period with approval from 
the COTP or designated representative. The entities most likely 
affected are commercial vessels and pleasure craft engaged in 
recreational activities.

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 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.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator. The maritime public will be 
advised in advance of this special local regulation via Broadcast 
Notice to Mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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.
    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. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. 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.

C. 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).

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 proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email 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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves a 
regulated area lasting under 6 hours that would limit persons or 
vessels from transiting a portion of the East River during the 
scheduled event. Normally such actions are categorically excluded from 
further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your

[[Page 24926]]

message can be received without jeopardizing the safety or security of 
people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0186 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 proposes 
to amend 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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.110 to read as follows:


Sec.  100.110   East River 4th of July Fireworks, East River, 
Manhattan, NY.

    (a) Regulated areas. The regulations in this section apply to the 
following areas:
    (1) Area ALPHA: All navigable waters of the East River, between the 
east shore of Manhattan and the west shore of Roosevelt Island south of 
the Ed Koch Queensboro Bridge encompassed by a line connecting the 
following points beginning at 40[deg]45'31.46'' N, 73[deg]57'31.42'' W, 
along the shore to 40[deg]45'6.80'' N, 73[deg]57'53.45'' W, east to 
Roosevelt Island at 40[deg]44'59.42'' N, 73[deg]57'40.57'' W, along the 
west shore of Roosevelt island to the Ed Koch Queensboro Bridge at 
40[deg]45'26.02'' N, 73[deg]57'19.15'' W, and back to the point of 
origin.
    (2) Area BRAVO: All navigable waters of the East River, between the 
west shore of Queens and the east shore of Roosevelt Island south of 
the Ed Koch Queensboro Bridge encompassed by a line connecting the 
following points beginning at 40[deg]45'22.89'' N, 73[deg]57'12.06'' W, 
along the western shore of Roosevelt Island to 40[deg]44'59.42'' N, 
73[deg]57'40.57'' W, east to 40[deg]44'52.25'' N, 73[deg]57'28.08'' W, 
north along the west shore to the Ed Koch Queensboro Bridge at 
40[deg]45'18.82'' N, 73[deg]57'2.91'' W, and back to the point of 
origin.
    (3) Area CHARLIE: All navigable waters of the East River 
encompassed by a line connecting the following points beginning at 
40[deg]45'6.80'' N, 73[deg]57'53.45'' W, then south along the shore of 
Manhattan to 40[deg]43'40.29'' N, 73[deg]58'18.37'' W, across the East 
River to Brooklyn at 40[deg]43'39.68'' N, 73[deg]57'39.74'' W, then 
north along the east shore of the East River to 40[deg]44'52.25'' N, 
73[deg]57'28.08'' W including the navigable waters of Newtown Creek to 
the Pulaski Bridge, back to the point of origin.
    (4) Area DELTA: All navigable waters of the East River encompassed 
by a line connecting the following points beginning at 
40[deg]43'40.29'' N, 73[deg]58'18.37'' W, then south along the shore of 
Manhattan to 40[deg]43'06'' N, 073[deg]58'25'' W, across the East River 
to Brooklyn at 40[deg]42'57.34'' N, 73[deg]58'3.03'' W, and north along 
the shore of Brooklyn to 40[deg]42'15.87'' N, 73[deg]59'19.60'' W, then 
along the shore of Brooklyn to 40[deg]42'57.34'' N, 73[deg]58'3.03'' W, 
and then back to the point of origin.
    (5) Area ECHO: All navigable waters of the East River encompassed 
by a line connecting the following points beginning at 40[deg]43'06'' 
N, 073[deg]58'25'' W, then along the shore to the Manhattan Bridge at 
40[deg]42'34.74'' N, 73[deg]59'30.65'' W, across the East River to 
Brooklyn at 40[deg]42'15.87'' N, 73[deg]59'19.60'' W, then along the 
Brooklyn side of the East River to 40[deg]42'57.34'' N, 
73[deg]58'3.03'' W, and then back to the point of origin. These 
coordinates are based on (NAD 83).
    (6) Moving Protection Zone: A moving protection zone on all 
navigable waters within a 50 yard radius of the participating barges 
while they are loaded with explosive material will be enforced from the 
point of departure within the COTP New York zone until placement at the 
intended destination. The point of departure will be determined each 
year prior to enforcement of the moving protection zone and the details 
will be released through a Broadcast Notice to Mariners.
    (b) Definitions. As used in this section:
    Designated Representative is any Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer or other officer 
operating a Coast Guard vessel and a Federal, State and local officer 
designated by or assisting the Captain of the Port (COTP) New York in 
the enforcement of this section.
    Official Patrol Vessel means any Coast Guard, Coast Guard 
Auxiliary, Federal, State or local law enforcement vessel assigned or 
approved by the COTP New York to assist in the enforcement of this 
section.
    Spectator means a person or vessel not registered with the event 
sponsor as participants or official patrol vessels.
    (c) Regulations. (1) In accordance with the special local 
regulations in section 100.35 of this part, entry into, transiting, or 
anchoring within the limited access area is prohibited, unless 
authorized by the COTP or a designated representative.
    (2) All vessels that are authorized by the COTP or a designated 
representative to enter the limited access areas established by this 
section must adhere to 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.

[[Page 24927]]

    (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 the moving protection 
zone without permission from the COTP or a designated representative.
    (vii) Vessels desiring to utilize any of these limited access areas 
must enter the area by 7:30 p.m.
    (3) During periods of enforcement all persons and vessels in the 
limited access areas must comply with all lawful orders and directions 
from the COTP New York or the COTP New York's designated 
representative.
    (4) Vessel operators desiring to enter or operate within a limited 
access area should contact the COTP New York at (718) 354-4356 or on 
VHF 16 to obtain permission.
    (5) Spectators or other vessels must not anchor, block, loiter or 
impede the transit of event participants or official patrol vessels in 
the limited access area during the effective dates and times unless 
authorized by COTP New York or designated representative.
    (6) The COTP or a representative will inform the public through 
local notice to mariners and/or Broadcast Notices to Mariners of the 
enforcement period for the regulated area as well as any changes of the 
enforcement times.
    (d) Enforcement period. This section will be enforced annually on 
July 4, from 5:30 p.m. to 11:30 p.m. In the event the fireworks display 
is postponed due to inclement weather, this section will be enforced on 
July 5, from 5:30 p.m. to 11:30 p.m.

    Dated: April 11, 2022.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2022-08944 Filed 4-26-22; 8:45 am]
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