Proposed Rule2022-08944
Special Local Regulation; East River 4th of July Fireworks, New York, NY
Primary source
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Published
April 27, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a special local regulation on the navigable waters of the East River and New York Harbor, New York, NY, for vessel management for the annual 4th of July fireworks displays. This special local regulation allows the Coast Guard to control vessel movement and prohibit all vessel traffic from entering the fireworks barge buffer zone, establish four separate viewing areas, and a moving protection zone around the barges while they are loaded with pyrotechnics. This rule is necessary to provide for the safety of life on the navigable waters immediately before, during, and after a fireworks display that involves multiple barge launch sites on a highly congested waterway. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
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[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Proposed Rules]
[Pages 24923-24927]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08944]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2022-0186]
RIN 1625-AA08
Special Local Regulation; East River 4th of July Fireworks, New
York, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the navigable waters of the East River and New York
Harbor, New York, NY, for vessel management for the annual 4th of July
fireworks displays. This special local regulation allows the Coast
Guard to control vessel movement and prohibit all vessel traffic from
entering the fireworks barge buffer zone, establish four separate
viewing areas, and a moving protection zone around the barges while
they are loaded with pyrotechnics. This rule is necessary to provide
for the safety of life on the navigable waters immediately before,
during, and after a fireworks display that involves multiple barge
launch sites on a highly congested waterway. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 27, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0186 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email MST1 Stacy Stevenson, Waterways Management Division, U.S.
Coast Guard; telephone 718-354-4197, email <a href="/cdn-cgi/l/email-protection#da9eeaebf7899798f789bfb99483f78dbbaebfa8adbba3a99aafa9b9bdf4b7b3b6"><span class="__cf_email__" data-cfemail="f7b3c7c6daa4bab5daa49294b9aedaa09683928580968e84b782849490d99a9e9b">[email protected]</span></a>.
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
LLNR Light List Number
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 7, 2022, the Coast Guard received an Application for
Marine Event for the annual 4th of July fireworks display. The Captain
of the Port New York (COTP) has determined that this event in close
proximity to marine traffic poses a significant risk to public safety
and property. The special local regulation proposed mimics those
limited access areas established for 4th of July in previous years,
with the addition of a moving protection zone
[[Page 24924]]
around the loaded fireworks barges that will be enforced from the point
of departure from the loading facility until placement in show
position. As in previous years, a buffer zone will be established
around the barges and four separate viewing areas that will separate
vessels based on length. Multiple fireworks displays will commence
simultaneously producing a relatively large fallout zone over the East
River during a time when the East River and New York Harbor experiences
heavy vessel congestion which necessitates the need for the control of
vessel movement immediately before, during, and after this display.
The combination of multiple simultaneous fireworks displays on the
East River where a significant increase of recreational vessel traffic
is anticipated has the potential to result in serious injuries or
fatalities. In order to protect the safety of all waterway users
including event participants and spectators, this proposed rule would
establish a moving protection zone around the loaded fireworks barges,
a buffer zone around the barges while they are in show position, and
four separate viewing areas separating vessels by size. The purpose of
this proposed rulemaking is to ensure the safety of participants, non-
participants, and transiting vessels on the navigable waters in the
vicinity of the fireworks display and the spectator zone before,
during, and after the scheduled event. The Coast Guard proposes this
rulemaking under the authority of 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a special local regulation
annually on July 4th or July 5th from 5:30 p.m. through 11:30 p.m. This
special local regulation will include a moving protection zone
excluding all vessels from entering within a 25-yard radius from each
loaded fireworks barge from the point of departure from the loading
facility, during the transit of the New York Harbor, and until the
placement in show position on the East River. The buffer zone will
exclude all nonparticipating vessels from the area surrounding the
barges immediately before, during, and after the display. Four separate
viewing areas will be established that will separate vessels based on
vessel length.
BILLING CODE 9110-04-P
[GRAPHIC] [TIFF OMITTED] TP27AP22.005
BILLING CODE 9110-04-C
[[Page 24925]]
The duration of the areas are intended to ensure the safety of
vessels, participants, spectators, and those transiting the area during
the fireworks display. Navigation rules shall 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.
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 Executive Order 12866. Accordingly, this
proposed rule has not been reviewed by the Office of Management and
Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the special local regulation. The special
local regulation is limited in duration and to a narrowly tailored
geographic area. In addition, although this rule restricts access to
the waters encompassed by the local regulation, the effect of this rule
will not be significant because the local waterway users will be
notified in advance via public Broadcast Notice to Mariners to ensure
the special local regulation will result in minimum impact. Mariners
will therefore be able to transit outside the periods of enforcement of
the special local regulation. Additionally, mariners may be able to
transit during a portion of the enforcement period with approval from
the COTP or designated representative. The entities most likely
affected are commercial vessels and pleasure craft engaged in
recreational activities.
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
regulated area 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. The maritime public will be
advised in advance of this special local regulation via Broadcast
Notice to Mariners.
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 rule 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 call for no 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 a
regulated area lasting under 6 hours that would limit persons or
vessels from transiting a portion of the East River during the
scheduled event. Normally such actions are categorically excluded from
further review under paragraph L61 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
[[Page 24926]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0186 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. 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.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 100.110 to read as follows:
Sec. 100.110 East River 4th of July Fireworks, East River,
Manhattan, NY.
(a) Regulated areas. The regulations in this section apply to the
following areas:
(1) Area ALPHA: All navigable waters of the East River, between the
east shore of Manhattan and the west shore of Roosevelt Island south of
the Ed Koch Queensboro Bridge encompassed by a line connecting the
following points beginning at 40[deg]45'31.46'' N, 73[deg]57'31.42'' W,
along the shore to 40[deg]45'6.80'' N, 73[deg]57'53.45'' W, east to
Roosevelt Island at 40[deg]44'59.42'' N, 73[deg]57'40.57'' W, along the
west shore of Roosevelt island to the Ed Koch Queensboro Bridge at
40[deg]45'26.02'' N, 73[deg]57'19.15'' W, and back to the point of
origin.
(2) Area BRAVO: All navigable waters of the East River, between the
west shore of Queens and the east shore of Roosevelt Island south of
the Ed Koch Queensboro Bridge encompassed by a line connecting the
following points beginning at 40[deg]45'22.89'' N, 73[deg]57'12.06'' W,
along the western shore of Roosevelt Island to 40[deg]44'59.42'' N,
73[deg]57'40.57'' W, east to 40[deg]44'52.25'' N, 73[deg]57'28.08'' W,
north along the west shore to the Ed Koch Queensboro Bridge at
40[deg]45'18.82'' N, 73[deg]57'2.91'' W, and back to the point of
origin.
(3) Area CHARLIE: All navigable waters of the East River
encompassed by a line connecting the following points beginning at
40[deg]45'6.80'' N, 73[deg]57'53.45'' W, then south along the shore of
Manhattan to 40[deg]43'40.29'' N, 73[deg]58'18.37'' W, across the East
River to Brooklyn at 40[deg]43'39.68'' N, 73[deg]57'39.74'' W, then
north along the east shore of the East River to 40[deg]44'52.25'' N,
73[deg]57'28.08'' W including the navigable waters of Newtown Creek to
the Pulaski Bridge, back to the point of origin.
(4) Area DELTA: All navigable waters of the East River encompassed
by a line connecting the following points beginning at
40[deg]43'40.29'' N, 73[deg]58'18.37'' W, then south along the shore of
Manhattan to 40[deg]43'06'' N, 073[deg]58'25'' W, across the East River
to Brooklyn at 40[deg]42'57.34'' N, 73[deg]58'3.03'' W, and north along
the shore of Brooklyn to 40[deg]42'15.87'' N, 73[deg]59'19.60'' W, then
along the shore of Brooklyn to 40[deg]42'57.34'' N, 73[deg]58'3.03'' W,
and then back to the point of origin.
(5) Area ECHO: All navigable waters of the East River encompassed
by a line connecting the following points beginning at 40[deg]43'06''
N, 073[deg]58'25'' W, then along the shore to the Manhattan Bridge at
40[deg]42'34.74'' N, 73[deg]59'30.65'' W, across the East River to
Brooklyn at 40[deg]42'15.87'' N, 73[deg]59'19.60'' W, then along the
Brooklyn side of the East River to 40[deg]42'57.34'' N,
73[deg]58'3.03'' W, and then back to the point of origin. These
coordinates are based on (NAD 83).
(6) Moving Protection Zone: A moving protection zone on all
navigable waters within a 50 yard radius of the participating barges
while they are loaded with explosive material will be enforced from the
point of departure within the COTP New York zone until placement at the
intended destination. The point of departure will be determined each
year prior to enforcement of the moving protection zone and the details
will be released through a Broadcast Notice to Mariners.
(b) Definitions. As used in this section:
Designated Representative is any 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 (COTP) New York in
the enforcement of this section.
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.
Spectator means a person or vessel not registered with the event
sponsor as participants or official patrol vessels.
(c) Regulations. (1) In accordance with the special local
regulations in section 100.35 of this part, entry into, transiting, or
anchoring within the limited access area is prohibited, unless
authorized by the COTP or a designated representative.
(2) All vessels that are authorized by the COTP or a designated
representative to enter the limited access areas established by this
section must adhere to the following restrictions:
(i) Area ALPHA access is limited to vessels greater than or equal
to 20 meters (65.6ft) in length.
(ii) Area BRAVO access is limited to vessels less than 20 meters
(65.6ft) in length.
(iii) All vessels are prohibited from entering area CHARLIE without
permission from the COTP or a designated representative.
[[Page 24927]]
(iv) Area DELTA access is limited to vessels less than 20 meters
(65.6ft) in length.
(v) Area ECHO access is limited to vessels greater than or equal to
20 meters (65.6ft) in length.
(vi) All vessels are prohibited from entering the moving protection
zone without permission from the COTP or a designated representative.
(vii) Vessels desiring to utilize any of these limited access areas
must enter the area by 7:30 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 COTP New York at (718) 354-4356 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 effective dates and times unless
authorized by COTP New York or designated representative.
(6) The COTP or a representative will inform the public through
local notice to mariners and/or Broadcast Notices to Mariners of the
enforcement period for the regulated area as well as any changes of the
enforcement times.
(d) Enforcement period. This section will be enforced annually on
July 4, from 5:30 p.m. to 11:30 p.m. In the event the fireworks display
is postponed due to inclement weather, this section will be enforced on
July 5, from 5:30 p.m. to 11:30 p.m.
Dated: April 11, 2022.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2022-08944 Filed 4-26-22; 8:45 am]
BILLING CODE 9110-04-P
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