[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Proposed Rules]
[Pages 45803-45806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11446]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0225]
RIN 1625-AA00


Safety Zones; Aerial Drone Displays, Hudson and East Rivers, New 
York, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish specific areas of 
the Hudson and East Rivers where safety zones will be enforced on the 
navigable waters beneath aerial drone shows. This action is necessary 
to protect personnel, vessels, and the marine environment from 
potential hazards created by aerial drone displays. This proposed 
rulemaking would prohibit persons and vessels from being in the safety 
zone unless authorized by the Captain of the Port Sector New York or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 24, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0225 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. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST1 Melanie Hughes, Sector New York 
Waterways Management Division, U.S. Coast Guard; 718-354-4352, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    Since November of 2022, U.S. Coast Guard Sector New York has 
received 11 requests for drones shows within the Captain of The Port's 
(COTP) area of responsibility. Of those 11 requests, eight have either 
taken place or were planned to take place in areas above the Hudson and 
East Rivers. In all cases, the sponsors of the drone shows have 
requested safety zones beneath the drones' flight path. The request for 
safety zones is driven by Federal Aviation Administration (FAA) 
regulation that drones cannot safely fly over human beings. It is 
becoming increasingly more common to hold drone shows over the water to 
reduce the number of occupants immediately below a drone show.
    Typically, drone shows are comprised of approximately 500 to 1,000 
lighted drones, weighing approximately four pounds each, moving 
throughout a predetermined airspace creating images in the night sky. 
On average, these drones fly between 100 feet and 400 feet above the 
waterline but can fly as low as 75 feet and reach heights of up to 600 
feet. Risks associated with drone shows include, but are not limited 
to, the overhead hazard created by drones potentially falling from the 
sky and vessel clearance reduction. Some commercial vessel pilothouses 
and sailboat masts can reach upwards of 200 feet above the waterline 
thus creating a potential for colliding with drones mid-flight. The 
COTP has determined that the potential hazards associated with drone 
shows are a safety risk for any human or vessel directly underneath.
    Additionally, some drone shows in the past have conducted practice 
shows in the same location as the actual drone show, typically a day or 
two before the actual event. These practice flights pose the same 
hazards as the actual shows. For this reason, the Coast Guard proposes 
to establish safety zones for practice flights as well.
    Accordingly, the purpose of this rulemaking is to ensure the safety 
of human life and vessels on the navigable waters of the Hudson and 
East Rivers underneath drone shows due to the posed hazards. The Coast 
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish specific areas on the Hudson and 
East Rivers in which safety zones of limited duration can be enforced 
underneath aerial drone shows. This action is necessary to protect 
personnel, vessels, and the marine environment from potential hazards 
created by aerial drone displays. This proposed rulemaking would 
prohibit persons and vessels from being in the safety zone unless 
authorized by the COTP Sector New York or a designated representative. 
The safety zone for a drone show will last for a limited duration of 
approximately 10 to 30 minutes while the drones are in the air. The 
areas permissible for safety zones for drone shows may be anywhere 
within the two zones described below.
    Zone 1 will consist of all navigable waters of the Hudson River 
beginning at a point near Liberty State Park at approximate location 
40[deg]42'20.9'' N 74[deg]02'05.7'' W traveling north along the 
shoreline including Morris Canal Basin to a point approximately 300 
yards north of Port Imperial Ferry terminal at approximate position 
40[deg]46'41.1'' N, 74[deg]00'30.4'' W thence to Pier 99 Manhattan then 
traveling south along the shoreline to a point near Whitehall South 
Ferry terminal and back to the point of origin.
    Zone 2 will consist of all navigable waters of the East River 
beginning at a point near Whitehall South Ferry terminal, approximate 
position 40[deg]42'01.6'' N, 74[deg]00'48.7'' W then travel north along 
the shoreline to East 90th Street Ferry terminal thence to a point near 
27th Ave Hallets Point, Astoria at approximate position 
40[deg]46'33.2'' N, 73[deg]56'13.4'' W and then traveling south along 
the shoreline, excluding Newtown Creek, to a point near Pier 6 Brooklyn 
and back to the point of origin.

[[Page 45804]]

    The rule would allow the COTP to establish safety zones for drone 
shows on all navigable waters of the Hudson and East Rivers up to a 
500-yard radius within the boundaries identified as Zone 1 and Zone 2. 
Entry into the safety zone will be prohibited unless authorized by the 
COTP or designated representative. The COTP will make notification of 
the exact dates and times in advance of each enforcement period to the 
local maritime community through marine broadcasts, local notice to 
mariners, local news media, distribution in leaflet form, or by an on-
scene oral notice and signage. The areas permissible to establish 
safety zones for drone shows are depicted in dark gray in the chart 
below.
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[GRAPHIC] [TIFF OMITTED] TP24MY24.005

BILLING CODE 9110-04-C
    The regulatory text we are proposing appears at the end of this 
document.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the ability of 
other waterway users to safely transit around the safety zone in many 
cases, and the size and duration of the safety zones will impact a 
small, designated area of the waterway for a relatively short period of 
time. Moreover, the Coast Guard will notify mariners of the enforcement 
via marine broadcasts, local notice to mariners, local news media, 
distribution in leaflet form, or by an on-scene oral notice. The rule 
will also allow vessels to seek

[[Page 45805]]

permission to enter the zone if necessary.

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 
safety zone 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.
    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 rulemaking 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 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 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 
designating specific areas of the Hudson and East Rivers in which to 
establish up to a 500-yard radius safety zone for drone shows lasting a 
limited duration of approximately 10 to 30 minutes.
    Normally such actions are categorically excluded from further 
review under paragraph L60a 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 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-2024-0225 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. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    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.

[[Page 45806]]

    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 165

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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.

0
2. Add Sec.  165.0225 to read as follows:


Sec.  165.0225  Safety Zones; Coast Guard Captain of the Port New York 
Zone Drone Displays.

    (a) Locations. The following areas are designated zones in which a 
safety zone radius up to 500-yards will be established for drone shows. 
The establishment of a safety zone within a designated zone requires 
the coordinates defining the center of the safety zone to be within the 
boundaries of one of the zones described as follows:
    (1) Hudson River Zone 1. All waters of the Hudson River to include 
Morris Canal Basin in the vicinity of lower Manhattan, from surface to 
bottom, encompassed by a line connecting the following points beginning 
at 40[deg]42'20.9'' N, 74[deg]02'05.7'' W; traveling north along the 
shoreline thence to 40[deg]46'41.1'' N, 74[deg]00'30.4'' W; thence to 
40[deg]46'22.2'' N, 73[deg]59'38.3'' W; traveling south along the 
shoreline thence to 40[deg]42'02.0'' N, 74[deg]00'51.1'' W; and back to 
the point of origin.
    (2) East River Zone 2. All waters of the East River in the vicinity 
of lower Manhattan, from surface to bottom, encompassed by a line 
connecting the following points beginning at 40[deg]42'01.6'' N, 
74[deg]00'48.7'' W; traveling north along the shoreline thence to 
40[deg]46'38.0'' N, 73[deg]56'31.6'' W; thence to 40[deg]46'33.2'' N, 
73[deg]56'13.4'' W; traveling south along the shoreline thence to 
40[deg]44'17.2'' N, 73[deg]57'38.7'' W; thence to 40[deg]44'11.6'' N, 
73[deg]57'37.0'' W; continuing south along the shoreline thence to 
40[deg]41'35.7'' N, 74[deg]00'14.3'' W; and back to the point of 
origin. These coordinates are based on Datum WGS 84.
    (b) Definitions. As used in this section:
    Designated representative means a 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 New York Zone in the 
enforcement of the safety zone.
    Official Patrol Vessels means any Coast Guard, Coast Guard 
Auxiliary, State, or local law enforcement vessels assigned as an on-
scene representative approved by the COTP.
    Spectators means all persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Regulations. (1) When enforced, under the general safety zone 
regulations in subpart C of this part, you may not enter the safety 
zone described in paragraph (a) of this section unless authorized by 
the COTP or the COTP's designated representative.
    (2) To seek permission to enter the designated safety zone, contact 
the COTP or the COTP's Designated Representative via VHF-FM Marine 
Channel 16, or by contacting the Coast Guard Sector New York command 
center at 718-354-4356. Those in the safety zone must comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (d) Enforcement periods. The COTP will make notification of the 
exact dates and times in advance of each enforcement period for the 
locations above in paragraph (a) of this section to the local maritime 
community through marine broadcasts, local notice to mariners, local 
news media, distribution in leaflet form, or by an on-scene oral notice 
and signage.

Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the Port Sector New York.
[FR Doc. 2024-11446 Filed 5-23-24; 8:45 am]
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