[Federal Register Volume 90, Number 113 (Friday, June 13, 2025)]
[Rules and Regulations]
[Pages 24971-24974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10767]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0257]
RIN 1625-AA08
Special Local Regulation; 4th of July Fireworks, Lower East River
& Upper New York Bay, Manhattan and Brooklyn, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the navigable waters of the Lower East River and New York Harbor, NY,
for a 4th of July fireworks display. This special local regulation
allows the Coast Guard to control vessel movement and prohibit all
vessel traffic from entering the fireworks barge buffer zone and
establish four separate viewing areas. This rule is necessary to
provide for the safety of life on the navigable waters immediately
before, during, and after a fireworks display on a highly congested
waterway.
DATES: This rule is effective from 5:30 p.m. on July 4 through 11:30
p.m. on July 5, 2025. It will only be subject to enforcement, however,
during the hours of 5:30 p.m. to 11:30 p.m. on July 4, or, in the event
the fireworks display is postponed due to inclement weather or other
causes, from 5:30 p.m. to 11:30 p.m. on July 5, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0257 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 Lieutenant Junior Grade Rebecca Fitzgerald-Smith,
Waterways Management Division, U.S. Coast Guard; telephone 718-801-
2932, 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
SLR Special Local Regulation
U.S.C. United States Code
[[Page 24972]]
II. Background Information and Regulatory History
July 4, 2025, marks the 49th anniversary of the annual Macy's 4th
of July fireworks. The firework launch barges have changed location
throughout the years between the Hudson River, East River, and the
Lower East River. Three years ago on June 21, 2022, the Captain of the
Port, Sector New York (COTP) created a Final Rule titled, ``Special
Local Regulation; East River 4th of July Fireworks, New York, NY''
which was published in the Federal Register (87 FR 36763) June 21,
2022. That rule, codified at 33 CFR 100.110, established a special
local regulation on the navigable waters of the East River and New York
Harbor, New York, NY for vessel management in the vicinity of the
Macy's 4th of July fireworks barges. The 2022 Macy's 4th of July
Fireworks occurred without incident.
On February 18, 2025, Macy's Inc. notified the Coast Guard that it
desires to conduct their 4th of July fireworks display in 2025 at a
different location on the Lower East River and Upper Bay. Because of
the location change this year, we are promulgating this temporary rule
rather than using the permanent rule at 33 CFR 100.110, which will not
be subject to enforcement this year.
The Coast Guard is issuing this temporary rule under the 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 Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impractical
to do so due to insufficient time to publish a final rule by July 4.
33 CFR 100.110, titled ``East River 4th of July Fireworks, East
River, Manhattan, NY'' establishes a permanent special local
regulation, which is enforced annually on July 4, from 5:30 p.m.
through 11:30 p.m. In the event the fireworks display is postponed due
to inclement weather or other causes, it would be enforced on July 5,
from 5:30 p.m. to 11:30 p.m. 33 CFR 100.110 is suspended from 5:30 p.m.
on July 4, 2025, until 11:30 p.m. on July 5, 2025, due to this special
local regulation.
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 Sector New York (COTP) has determined
that this rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the regulated areas to
ensure the safety of spectators and vessels from hazards associated
with the fireworks display.
IV. Discussion of the Rule
The Coast Guard is establishing a special local regulation subject
to enforcement from 5:30 p.m. through 11:30 p.m. on July 4, 2025, with
July 5, 2025, from 5:30 p.m. through 11:30 p.m. being a contingency
date. This special local regulation creates five regulated areas: a
buffer zone around each firework display barge and four viewing areas.
As shown in the illustration below, the buffer zone, area ``C,'' will
exclude all nonparticipating vessels from the area surrounding the
barges immediately before, during, and after the display. The four
separate viewing areas, areas ``A,'' ``B,'' ``D,'' and ``E,'' will
separate vessels based on the vessels' length and timing of entry into
each zone. Vessels desiring to utilize ALPHA (``A''), BRAVO (``B''), or
ECHO (``E'') limited access areas must enter the area by 7:30 p.m.
Vessels desiring to utilize DELTA (``D'') may begin entering the
designated viewing area at 8:00 p.m. and must be in a holding position
no later than 9:00 p.m.
[GRAPHIC] [TIFF OMITTED] TR13JN25.000
(Illustration showing locations of regulated areas)
The duration of the enforcement times is intended to ensure the
safety of vessels, participants, spectators, and those transiting the
area during the fireworks display. Navigation rules, 33 CFR part 83,
will 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.
[[Page 24973]]
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.
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.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the special local
regulation's size, location, and duration. In addition, although this
rule restricts access to the waters encompassed by the special local
regulation, the effect of this rule will not be significant because the
local waterway users will be notified in advance via a public Broadcast
Notice to Mariners and Local Notice to Mariners. The entities most
likely affected are commercial vessels and pleasure crafts engaged in
recreational activities.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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 will 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 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 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
temporary regulated area lasting six hours or less that would limit
persons or vessels from transiting a portion of the Lower East River
and portions of the Upper Bay 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
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.
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.T01-0257 to read as follows:
Sec. 100.T01-0257 Special Local Regulation; 4th of July Fireworks,
Lower East River & New York Harbor, Manhattan, NY
(a) Regulated areas. The regulations in this section apply to the
following areas:
(1) Area ALPHA (``A''): All navigable waters of the East River
bound by a line connecting the following coordinates: from
40[deg]42'46'' N 73[deg]58'34'' W (near Grand St. Manhattan), thence to
40[deg]42'38'' N 73[deg]58'12'' W, along the shore to 40[deg]42'22'' N,
073[deg]58'45'' W (near Little Street, Brooklyn, NY), thence to
40[deg]42'37'' N, 073[deg]58'50'' W (the corner of Pier 42, Manhattan,
NY), then along the shoreline back to the point of origin.
(2) Area BRAVO (``B''): All navigable waters of the East River
bound by a line connecting the following points: from 40[deg]42'37'' N,
073[deg]58'50'' W (near Pier 42, Manhattan, NY), thence to
40[deg]42'22'' N, 073[deg]58'45'' W (near Little Street, Brooklyn, NY),
along the shore to 40[deg]42'19'' N 73[deg]59'15'' W (near Pearl
Street, Brooklyn, NY), thence to 40[deg]42'33'' N 73[deg]59'18'' W
(near Jefferson Street, Manhattan, NY) then along the shoreline to the
point of origin.
(3) Area CHARLIE (``C''): All navigable waters of the East River
bound by a line connecting the following
[[Page 24974]]
points: beginning at 40[deg]42'33'' N 73[deg]59'18'' W (near Jefferson
Street, Manhattan, NY), thence to 40[deg]42'19'' N 73[deg]59'15'' W
(near Pearl Street, Brooklyn, NY), along the shore thence to
40[deg]41'28'' N 74[deg]00'19'' W (Pier 8, Brooklyn, NY), thence to
40[deg]41'34.728'' N 74[deg]00'54'' W (near Governors Island Ferry
Slip), thence to 40[deg]42'03'' N 74[deg]00'55'' W (near Battery Park,
Manhattan, NY), then along the shoreline back to the point of origin.
(4) Area DELTA (``D''): All navigable waters of the Upper Bay bound
by a line connecting the following points from 40[deg]42'03'' N
74[deg]00'55'' W (near Battery Park, Manhattan, NY), thence to
40[deg]41'35'' N 74[deg]00'54'' W (near the Governors Island Ferry
Slip), along the shoreline of Governors Island thence to 40[deg]41'09''
N 74[deg]01'36'' W, then north thence to 40[deg]42'03'' N,
074[deg]01'40'' W, then back to the point of origin.
(5) Area ECHO (``E''): All navigable waters of the Upper Bay bound
by a line connecting the following points beginning at 40[deg]41'34''
N, 74[deg]0'51'' W (near Governors Island) thence to 40[deg]41'28'' N
74[deg]00'19'' W (Pier 8, Brooklyn, NY), thence to 40[deg]40'44'' N
74[deg]01'10'' W (Red Hook), thence to 40[deg]41'03'' N 74[deg]01'32''
W, then along the shore back to the point of origin.
(b) Definitions. As used in this section--
(1) Coast Guard Patrol Commander means a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel.
(2) Designated representative means a Coast Guard Patrol Commander
and a Federal, State, and local officer designated by or assisting the
Captain of the Port New York (COTP) in the enforcement of the
regulations in this section.
(3) 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.
(4) Spectator means a person or vessel not registered with the
event sponsor as participants or official patrol vessels.
(5) Participant means all persons and vessels hired by the event
sponsor as a participant in the event.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port New York (COTP) or their
designated representative.
(2) All vessels that are authorized by the COTP or a designated
representative to enter the regulated areas established by this section
must adhere to the following restrictions:
(i) Area ALPHA (``A'') is limited to vessels over 20 meters
(65.6ft) in length.
(ii) Area BRAVO (``B'') is limited to vessels less-than or equal to
20 meters (65.6ft) in length.
(iii) All vessels are prohibited from entering area CHARLIE (``C'')
without permission from the COTP or a designated representative after
6:00 p.m. Commercial passenger vessels that need to transit through the
Charlie Section enroute to their designated viewing areas, or
designated facility must receive authorization from the Coast Guard
Patrol Commander. Commercial passenger vessels must pass as close to
the pierhead as possible and must transit through the zone no later
than 7:30 p.m. Vessels must operate at the minimum speed necessary to
maintain safe course while crossing through area CHARLIE and comply
with all direction that may be provided by the Coast Guard.
(iv) Area DELTA (``D'') is limited to vessels over 20 meters
(65.6ft) in length.
(v) Area ECHO (``E'') is limited to vessels less-than or equal to
20 meters (65.6ft) in length.
(vi) Vessels desiring to utilize ALPHA (``A''), BRAVO (``B''), or
ECHO (``E'') limited access areas must enter the area by 7:30 p.m.
(vii) Vessels desiring to utilize DELTA (``D'') may begin entering
the designated viewing area at 8 p.m. and must be in a holding position
no later than 9 p.m.
(3) During periods of enforcement all persons and vessels in the
limited access areas 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 should contact the designated representative at 844-NYC-
USCG 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 during the enforcement period and times unless
authorized by COTP New York or designated representative.
(6) The COTP or a designated representative will inform the public
through local notice to mariners. Broadcast Notices to Mariners, or
both, of the enforcement period for the regulated area as well as any
changes of the enforcement times.
(d) Enforcement periods. This section will be subject to
enforcement from 5:30 p.m. through 11:30 p.m. on July 4, 2025. In the
event the fireworks display is postponed due to inclement weather or
other causes, this section will be enforced from 5:30 p.m. to 11:30
p.m. on July 5, 2025.
Jonathan Andrechik,
Captain, U.S. Coast Guard, Captain of the Port, Sector New York.
[FR Doc. 2025-10767 Filed 6-12-25; 8:45 am]
BILLING CODE 9110-04-P