Rule2021-23786
Safety Zone; 2021 Barge Based Fireworks, Hudson River, Manhattan, NY
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 4, 2021
Effective
November 18, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters within a 600 foot radius of the fireworks launch site which is located on the Hudson River, Manhattan, NY, in the vicinity of the Hudson River Park and Pier 76. This safety zone is needed to protect personnel, vessels, and the marine environment from the potential hazards during a fireworks display on November 18, 2021. Entry of vessels or persons into, transiting through, mooring, or anchoring within this zone are prohibited unless authorized by the Captain of the Port New York.
Full Text
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<title>Federal Register, Volume 86 Issue 211 (Thursday, November 4, 2021)</title>
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[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60768-60770]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23786]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0767]
RIN 1625-AA00
Safety Zone; 2021 Barge Based Fireworks, Hudson River, Manhattan,
NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters within a 600 foot radius of the fireworks
launch site which is located on the Hudson River, Manhattan, NY, in the
vicinity of the Hudson River Park and Pier 76. This safety zone is
needed to protect personnel, vessels, and the marine environment from
the potential hazards during a fireworks display on November 18, 2021.
Entry of vessels or persons into, transiting through, mooring, or
anchoring within this zone are prohibited unless authorized by the
Captain of the Port New York.
DATES: This rule is effective from 9:30 p.m. through 11:30 p.m. on
November 18, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0767 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 MST1 S. Stevenson, Waterways Management Division, U.S.
Coast Guard; telephone 719-354-4000, email <a href="/cdn-cgi/l/email-protection#cf8bfffee29c828de29caaac8196e298aebbaabdb8aeb6bc8fbabcaca8e1a2a6a3"><span class="__cf_email__" data-cfemail="b0f480819de3fdf29de3d5d3fee99de7d1c4d5c2c7d1c9c3f0c5c3d3d79eddd9dc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the 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 without prior notice
and opportunity to comment pursuant to 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 good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time to
publish an NPRM. Thus, delaying the effective date of this rule to wait
for a comment period to run would be impracticable because it would
inhibit the Coast Guard's ability to protect the public and vessels
from the hazards associated with a barge based fireworks display. The
expeditious implementation of this rule is in the public interest
because it will help ensure the safety of those involved in displaying
the fireworks, the spectators, and users of the waterway during the
fireworks event.
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 and contrary to the public interest
because the safety zone must be established for the fireworks display
on November 18, 2021, to mitigate the potential safety hazards
associated with a fireworks display in this location.
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 New York (COTP)
has determined that potential hazards associated with this fireworks
display, on November 18, 2021, will pose a significant risk to public
safety and property. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the fallout
zone immediately before, during, and after the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on all navigable
waters within a 600 foot radius of a barge located at approximate
position 40[deg]45'39.4'' N, 74[deg]00'35.8'' W on the Hudson River,
Manhattan, NY, in the vicinity of the Hudson River Park and Pier 76. No
vessel or person will be permitted to enter the safety zone between
9:30 p.m. through 11:30 p.m. on November 18, 2021. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during the fireworks display. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a Designated Representative.
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.
[[Page 60769]]
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 duration and
time-of-day of the safety zone. This safety zone will restrict vessel
traffic from entering or transiting within a 600 foot radius of the
fireworks launch site which is located on the Hudson River, Manhattan,
NY, in the vicinity of the Hudson River Park and Pier 76. The
approximate position is 40[deg]45'39.4'' N, 74[deg]00'35.8'' W.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone, and the rule allows vessels to
seek permission to enter the zone. Vessel traffic will be able to
safely transit around the safety zone which would impact a small
designated area of the Hudson River. Vessel traffic will only be
restricted in the limited access area for two hours on November 18,
2021. Advance public notifications will also be made to local mariners
through appropriate means, which may include Local Notice to Mariners
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, for the reasons stated in section
V.A above, this rule will 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 a
safety zone lasting only 2 hour that will prohibit entry within a 600
foot radius of the fireworks launch site. 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 will be 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:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T01-0767 to read as follows:
[[Page 60770]]
Sec. 165.T01-0767 Safety Zone; 2021 Barge Based Fireworks, Hudson
River, Manhattan, NY.
(a) Location. The safety zone will cover all navigable waters
within a 600 foot radius of the fireworks launch site located on the
Hudson River, Manhattan, NY, approximate position 40[deg]45'39.4'' N,
4[deg]00'35.8'' W, in the vicinity of the Hudson River Park and Pier
76.
(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 (COTP) in the enforcement of this section.
(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) 354-4356 or on
VHF 16 to obtain permission.
(d) Enforcement period. This rule will be enforced from 9:30 p.m.
through 11:30 p.m. on November 18, 2021.
(e) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notice to Mariners of any
changes in the planned schedule.
Dated: October 25, 2021.
M. Sennick,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2021-23786 Filed 11-3-21; 8:45 am]
BILLING CODE 9110-04-P
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