[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Rules and Regulations]
[Pages 61016-61018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16752]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0551]
RIN 1625-AA00
Safety Zone; Drone Display, Hudson River, New York City, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the Hudson River in the vicinity of Pier 90 located
in New York City, NY. The temporary safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by an aerial drone display scheduled for July 30, 2024. During
the enforcement period, entry of vessels or persons into the safety
zone is prohibited unless specifically authorized by the Captain of the
Port, Sector New York.
DATES: This rule is effective from 9 p.m. through 11 p.m. on July 30,
2024. This rule will be subject to enforcement while the aerial drones
are in-flight from approximately 9:30 p.m. to 10 p.m. on July 30, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0551 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 about this rule,
call or email MST1 Kathryn Veal, Waterways Management Division, U.S.
Coast Guard; telephone 718-354-4151, 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
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The event sponsor
did not make the Coast Guard aware of the aerial drone show until there
was insufficient time to publish a notice of proposed rulemaking
(NPRM), take public comments, consider those comments, and issue a
final rule by July 30, 2024. The Coast Guard finds that good cause
exists for not publishing a NPRM with respect to this rule because
doing so would be impracticable since prompt action is necessary to
ensure public safety and respond to the potential safety hazards
associated with drone activity in this regulated area.
Also, 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. Delaying the effective date of
this rule would be impracticable because prompt action is needed to
respond to the potential safety hazards associated with the 500 drones
flying overhead on a heavily trafficked channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port New York (COTP) has determined that the
potential hazards associated with the aerial drone display, consisting
of 500 drones, on July 30, 2024, are a safety concern for anyone
transiting the Hudson River at that time. Therefore, this rule is
necessary to protect personnel, vessels, and the marine environment in
the navigable waters near the event location.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. to 11 p.m. on July
30, 2024, and subject to enforcement while the aerial drones are in-
flight from approximately 9:30 p.m. to 10 p.m. on July 30, 2024. The
aerial display will consist of one flight, lasting approximately 13
minutes, commencing at approximately 9:30 p.m. The Coast Guard only
intends to enforce the rule while the drones are in flight. The safety
zone will cover all navigable waters of the Hudson River encompassing a
400-foot radius at approximate position 40[deg]46'07.7'' N,
74[deg]00'03.3'' W in the vicinity of Pier 90 located in New York City,
NY. When enforced, entry of vessels or persons into this zone is
prohibited unless specifically authorized by the COTP or a designated
representative.
[[Page 61017]]
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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 safety zone. This safety zone will be of limited
duration to minimize any adverse impacts to vessels who seek to transit
the Hudson River on July 30, 2024. Vessel traffic will only be
restricted in the limited access area while drones are in the air for
an approximately 13-minute segment from 9 p.m. until 11 p.m. on July
30, 2024. Further, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM Marine Channel 16 about the zone and persons or
vessels desiring to enter the safety zone may do so with permission
from the COTP or a Designated Representative. Advance public
notifications will also be made to local mariners through appropriate
means, which may include Local Notice to Mariners, Alert Warning System
messaging capabilities, 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 transit the
safety zone may be small entities, this rule will not have a
significant economic impact on any vessel owner or operator because
they are able to transit during the periods of time the drones are not
in-flight.
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 a
safety zone that will only be enforced during a limited time: a 13-
minute segment starting at approximately 9:30 p.m. on July 30, 2024. It
is categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
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.
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:
[[Page 61018]]
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.T01-0551 to read as follows:
Sec. 165.T01-0551 Safety Zone; Drone Display, Hudson River, New York
City, NY.
(a) Location. The following area is a safety zone: All navigable
waters of the Hudson River in the vicinity of Pier 90 located in New
York City, NY within a 400-foot radius from the approximate coordinate
position 40[deg]46'07.7'' N, 74[deg]00'03.3'' W. These coordinates are
based on North American Datum 83.
(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 Sector New York (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) 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, 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) 354-4353. 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 period. This section will be enforced while the
aerial drones are in flight between 9 p.m. and 11 p.m. on July 30,
2024.
Jonathan Andrechik,
Captain, U.S. Coast Guard, Captain of the Port, Sector New York.
[FR Doc. 2024-16752 Filed 7-26-24; 8:45 am]
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