[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Rules and Regulations]
[Pages 36763-36766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13175]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules
and Regulations
[[Page 36763]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0186]
RIN 1625-AA08
Special Local Regulation; East River 4th of July Fireworks, New
York, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing 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.
DATES: This rule is effective July 4, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0186 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 MST1 Stacy Stevenson, Waterways Management Division, U.S.
Coast Guard; telephone 718-354-4000, 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 7, 2022 the Coast Guard received an Application for Marine
Event for the annual 4th of July fireworks display. In response, on
April 26, 2022, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulation; East River 4th of
July Fireworks, New York, NY (87 FR 24923). We stated why we issued the
NPRM and invited comments on our proposed regulatory action related to
this fireworks display. We received no comments during the comment
period that ended May 27, 2022.
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. The comment period for the NPRM
associated with the East River 4th of July Fireworks ended on May 27,
2022. The fireworks display is scheduled to begin on July 4, 2022.
Thus, there is now insufficient time for a 30 day effective period
before the need to enforce the special local regulation on July 4,
2022. The fireworks display will take place on July 4, 2022 to coincide
with Independence Day. Delaying the enforcement of this special local
regulation to allow a 30-day effective period will be impractical and
contrary to the public interest because it would inhibit the Coast
Guard's ability to fulfill its mission to keep the ports and waterways
safe.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port New York
(COTP) has determined that potential hazards associated with a high
concentration of vessels, and a fireworks display will be a safety
concern for people and vessels in the vicinity of the fireworks barges.
This Special Local Regulation is necessary to ensure the safety of
vessels from hazards immediately prior to, during, and immediately
after the annual Macy's 4th of July fireworks show.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
26, 2022. There are no substantative changes in the regulatory text of
this rule from the proposed rule in the NPRM.
This rule establishes 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] TR21JN22.065
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The duration of the viewing 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.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the duration and
time-of-day of the Special Local Regulation. Vessel traffic will only
be restricted in the regulated area areas for approximately 6 hours,
annually on either July 4th, or July 5th. Advanced public notifications
will also be made to local mariners through appropriate means, which
may include but not 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 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
[[Page 36765]]
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.
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.
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
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 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 a
regulated area lasting approximately 6 hours that would limit persons
or vessels from transiting a portion of the East River during the
scheduled event. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Memorandum for Record supporting this determination
is available in the docket where indicated under ADDRESSES.
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 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: 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
[[Page 36766]]
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 Sec. 100.35, entry into, transiting, or anchoring
within the limited access area defined in paragraph (a) of this
section, 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 in 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.
(iv) Area DELTA access is limited to vessels greater than or equal
to 20 meters (65.6ft) in length.
(v) Area ECHO access is limited to vessels less than 20 meters
(65.6ft) in length.
(vi) All vessels are prohibited from entering the moving protection
zone defined in paragraph (a)(6) of this section without permission
from the COTP or a designated representative.
(vii) Vessels desiring to utilize any of these limited access areas
defined in paragraph (a) of this section must enter the area by 7:30
p.m.
(3) During periods of enforcement all persons and vessels in the
limited access areas defined in paragraph (a) of this section 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 defined in paragraph (a) of this section 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 defined in paragraph (a) of this section 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: June 14, 2022.
M.R. Sennick,
Captain, U.S. Coast Guard, Acting, Captain of the Port New York.
[FR Doc. 2022-13175 Filed 6-17-22; 8:45 am]
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