Rule2022-12055
Safety Zones; Fireworks, Captain of the Port New York Zone
Primary source
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Published
June 6, 2022
Effective
June 18, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing five temporary safety zones in the Coast Guard Captain of the Port (COTP) New York Zone for multiple barge based fireworks displays that are scheduled to take place in June of 2022. During the enforcement times vessels will be restricted from portions of navigable waters in the vicinity of the fireworks displays on the Long Island Sound, Hudson River, and Upper New York Bay. The establishment of these safety zones is necessary to protect event participants, waterway users, and vessels, from the potential hazards associated with these scheduled events.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Rules and Regulations]
[Pages 34171-34173]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12055]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0211]
RIN 1625-AA00
Safety Zones; Fireworks, Captain of the Port New York Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing five temporary safety zones in
the Coast Guard Captain of the Port (COTP) New York Zone for multiple
barge based fireworks displays that are scheduled to take place in June
of 2022. During the enforcement times vessels will be restricted from
portions of navigable waters in the vicinity of the fireworks displays
on the Long Island Sound, Hudson River, and Upper New York Bay. The
establishment of these safety zones is necessary to protect event
participants, waterway users, and vessels, from the potential hazards
associated with these scheduled events.
DATES: This rule is effective from 9 p.m. on June 18, 2022, through 11
p.m. on June 28, 2022.
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-
2022-0211 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 J. Kurian, Waterways Management Division, U.S. Coast
Guard; telephone 718-354-4000, email <a href="/cdn-cgi/l/email-protection#024632332f514f402f5167614c5b2f556376677075637b7142777161652c6f6b6e"><span class="__cf_email__" data-cfemail="d793e7e6fa849a95fa84b2b4998efa80b6a3b2a5a0b6aea497a2a4b4b0f9babebb">[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
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 details of these events were not
known to the Coast Guard until there was insufficient time to publish
an NPRM. Delaying the effective date of this rule to wait for a comment
period to run would be impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
the public and vessels from the hazards associated with barge based
fireworks displays. The expeditious implementation of this rule is in
the public interest because it will help ensure the safety of event
participants, spectators, waterway users, and surrounding vessels.
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 zones must be enforced for the fireworks displays in
June of 2022, to mitigate the potential safety hazards associated with
these events.
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 Port New York
(COTP) has determined that potential hazards associated with barge
based fireworks displays 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 displays.
IV. Discussion of the Rule
This rule establishes five temporary safety zones, which will be
enforced for a relatively short duration, on various days throughout
June of 2022 as described below. Each event and its corresponding
enforcement dates and locations are described below.
(1) Jersey City, Hudson River, Safety Zone Launch site: A barge
located on the Hudson River, in approximate position 40[deg]41'08'' N,
74[deg]04'10'' W, approximately 100 yards east of Caven Point. This
safety zone is a 90-yard radius from the barge and will be enforced on
June 18, 2022, from 9 p.m. until 10 p.m.
(2) Big Rock Point, Hudson River, Safety Zone Launch site: A barge
or floating platform located on the Hudson River, in approximate
position 41[deg]53'50'' N, 73[deg]57'49'' W, approximately 500 yards
north of Big Rock Point. This safety zone is a 360-yard radius from the
barge and will be enforced on June 25, 2022, from 9:30 p.m. until 11
p.m.
(3) Governors Island, Upper New York Bay, Safety Zone Launch site:
A barge located on the Upper New York Bay, from approximate position
40[deg]41'25'' N, 74[deg]01'34'' W, approximately 365 yards west of
Governors Island. This safety zone is a 360-yard radius from the barge
and will be enforced on June 26, 2022, from 9:30 p.m. until 11 p.m.
(4) Little Neck Bay, Long Island Sound, Safety Zone Launch site:
Two barges located on Little Neck Bay on the Long Island Sound in
approximate position 40[deg]47'38'' N, 073[deg]46'13'' W, approximately
300 yards east of Fort Totten Park. This safety zone is a 360-yard
radius from the barge and will be enforced on June 28, 2022, from 9
p.m. until 10 p.m.
[[Page 34172]]
Based on the size and location of each zone, vessels may be able to
safely transit around each safety zone in many cases, therefore impact
to vessel traffic is minimal. The enforcement of the zones are intended
to protect event participants, vessels and surrounding vessels in these
navigable waters during these events. No vessel or person will be
permitted to enter the safety zones 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.
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 duration and time-
of-day and location of the safety zones. These safety zones will
restrict vessel traffic from entering or transiting within a relatively
small area of navigable waters within the Captain of the Port New York
Zone, immediately surrounding each fireworks barge launch sites.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone, and the rule allows the
vessels to seek permissions to enter the zones. 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 the
establishment of five safety zones, which will prohibit entry within a
360-yard radius or less from the fireworks launch. 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:
[[Page 34173]]
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.T01-0211 to read as follows:
Sec. 165.T01-0211 Safety Zones; Fireworks, Captain of the Port New
York Zone.
The Coast Guard is establishing temporary safety zones for the
events listed in Table 1 of this section. The regulations in this
section will be enforced for the duration of each event, on or about
the dates and times indicated in Table 1 of this section.
(a) Regulations. Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
Table 1 of this section unless authorized by the COTP or the COTP's
Designated Representative.
(1) 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 to obtain permission.
(2) Information broadcasts. If there are any changes to the
enforcement times as listed in this section, the Captain of the Port
New York will notify the public of the updated enforcement times
through a Broadcast Notice to Mariners and or the Local Notice to
Mariners.
(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.
Table 1 to Sec. 165.T01-0211
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Event Location\1\ Enforcement date and time
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1. Jersey City, Hudson River, Safety Launch site: A barge located on the Hudson June 18, 2022, from 9 p.m.
Zone. River, in approximate position until 10 p.m.
40[deg]41'08'' N, 74[deg]04'10'' W,
approximately 100 yards east of Caven
Point. This Safety Zone is a 90-yard
radius from the barge.
2. Big Rock Point, Hudson River, Safety Launch site: A barge or floating platform June 25, 2022, from 9:30
Zone. located on the Hudson River, in p.m. until 11 p.m.
approximate position 41[deg]53'50'' N,
73[deg]57'49'' W, approximately 500 yards
north of Big Rock Point. This Safety Zone
is a 360-yard radius from the barge.
3. Governors Island, Upper New York Bay, Launch site: A barge located on the Upper June 26, 2022, from 9:30
Safety Zone. New York Bay, from approximate position p.m. until 11 p.m.
40[deg]41'25'' N, 74[deg]01'34'' W,
approximately 365 yards west of Governors
Island. This Safety Zone is a 360-yard
radius from the barge.
4. Little Neck Bay, Long Island Sound, Launch site: Two barges located on Little June 28, 2022, from 9 p.m.
Safety Zone. Neck Bay on the Long Island Sound in until 10 p.m.
approximate position 40[deg]47'38'' N,
073[deg]46'13'' W, approximately 300
yards east of Fort Totten Park. This
Safety Zone is a 360-yard radius from the
barge.
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\1\ All coordinates listed in Table 1 to Sec. 165.T01-0211 reference Datum NAD 1983.
Dated: May 31, 2022.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2022-12055 Filed 6-3-22; 8:45 am]
BILLING CODE 9110-04-P
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