[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Rules and Regulations]
[Pages 10240-10241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03446]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0197]
RIN 1625-AA00


Safety Zone: Macy's July 4th Fireworks, East River, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the safety zone established by the 
Captain of the Port Sector New York on April 11, 2001, that can be 
found under [Docket CGD01-00-242], titled ``Safety Zone: Macy's July 
4th Fireworks, East River, NY.'' The safety zone was established to 
protect persons and vessels from potential hazards associated with the 
annual 4th of July fireworks display and high concentration of 
spectator vessels. The Coast Guard has since established a Special 
Local Regulation that regulates marine traffic in conjunction with the 
annual marine event, eliminating the need for the safety zone 
established in 2001. This action removes the existing regulations 
related to the initial safety zone.

DATES: This rule is effective February 17, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0197 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MSTC S. 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 11, 2001, the Coast Guard established the initial safety 
zone in a final rule, titled ``Safety Zone: Macy's July 4th Fireworks, 
East River, NY'' (66 FR 20403). The safety zone was established to 
protect people and vessels from the potential hazards associated with 
the annual 4th of July fireworks display and the high concentration of 
spectator vessels on the East River and Upper Bay during the show. The 
final rule established a permanent safety zone on the East River and 
Upper Bay. It contained a spectator area on the East River between the 
Williamsburg Bridge and North 9th Street, Brooklyn, NY.
    On June 21, 2005, the Coast Guard published another final rule, 
``Safety Zone: Macy's July 4th Fireworks, East River and Upper New York 
Bay, NY'' (70 FR 35534). This final rule modified the parameters of the 
safety zone to accommodate an added fireworks discharge site near 
Liberty Island.
    Since approximately 2015, the safety zone that this action is 
removing has not been actively enforced. Instead, temporary safety 
zones were established to better accommodate the fireworks display and 
the vessel congestion on the waterway.
    On June 21, 2022, the Coast Guard established a new permanent 
special local regulation, titled ``Special Local Regulation; East River 
4th of July Fireworks, New York, NY'' (87 FR 36763). This action 
included creating a moving protection zone for the loaded fireworks 
barges, a buffer zone, and four separate spectator areas that separate 
vessels based on size. This new special local regulation mirrored the 
temporary final rules used in recent years, effectively replacing the 
initial safety zone.
    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment per 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 a good cause finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds good 
cause for not publishing a notice of proposed rulemaking (NPRM) 
cocerning this rule. Sufficient time has passed since the establishment 
of the special local regulation and the last enforcement of this safety 
zone for the Coast Guard to receive any adverse public implications. In 
addition, during the initial NPRM process of establishing the safety 
zone, no adverse comments were received that pertained to the Coast 
Guard modifying the safety zone appropriately. Therefore the Coast 
Guard has determined that it is unnecessary and contrary to the public 
interest to publish an NPRM because this action is merely removing a 
regulatory restriction that is no longer needed.
    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 safety zone is no longer 
needed and has not been enforced since 2015, since temporary safety 
zones were established to accommodate the fireworks display and amount 
of spectator vessels on the waterway. This rule requires an 
administrative change to the Federal Register to relieve a regulatory 
restriction that is no longer applicable or necessary. Therefore, a 
delayed effective date is unnecessary and contrary to the public 
interest.

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 the potential hazards associated with the 
annual fireworks display and high concentration of spectator's vessels 
are better managed by the permanent special local regulation 
established on June 21, 2022. Therefore, the safety zone that this 
action is removing is no longer necessary.

IV. Discussion of the Rule

    On April 11, 2001, the Coast Guard published a final rule titled 
``Safety Zone: Macy's July 4th Fireworks, East River, NY'' in the 
Federal Register (66 FR 20403). At the time, the safety zone was 
necessary to protect people and vessels from potential hazards with the 
annual 4th of July fireworks display on the East River, NY. The initial 
final rule establishing this safety zone was later modified to expand 
the parameters. However, since approximately 2015, several temporary 
special local regulations effectively substituted the safety zone. The 
Coast Guard has since established a permanent special local regulation 
that better manages the hazards associated with the annual fireworks 
display. therefore the safety

[[Page 10241]]

zone that this action removes is no longer needed.

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 fact that 
actions taken to disestablish a safety zone are not considered a 
significant regulatory action.

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 transit the 
bridge may be small entities, for the reasons stated in section V.A 
above this final rule would 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 
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 
removing a safety zone that was established to manage vessel traffic 
immediately before, during, and after a fireworks display. It is 
categorically excluded from further review under paragraph L60(b) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

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 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


Sec.  165.166  [Removed]

0
2. Remove Sec.  165.166.

    Dated: January 31, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-03446 Filed 2-16-23; 8:45 am]
BILLING CODE 9110-04-P