[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
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 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 
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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.

-----------------------------------------------------------------------

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

BILLING CODE 9110-04-C
    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]
BILLING CODE 9110-04-P