[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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