Rule2023-03446
Safety Zone: Macy's July 4th Fireworks, East River, 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
February 17, 2023
Effective
February 17, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is removing the safety zone established by the Captain of the Port Sector New York on April 11, 2001, that can be found under [Docket CGD01-00-242], titled "Safety Zone: Macy's July 4th Fireworks, East River, NY." The safety zone was established to protect persons and vessels from potential hazards associated with the annual 4th of July fireworks display and high concentration of spectator vessels. The Coast Guard has since established a Special Local Regulation that regulates marine traffic in conjunction with the annual marine event, eliminating the need for the safety zone established in 2001. This action removes the existing regulations related to the initial safety zone.
Full Text
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<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
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[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Rules and Regulations]
[Pages 10240-10241]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03446]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0197]
RIN 1625-AA00
Safety Zone: Macy's July 4th Fireworks, East River, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the safety zone established by the
Captain of the Port Sector New York on April 11, 2001, that can be
found under [Docket CGD01-00-242], titled ``Safety Zone: Macy's July
4th Fireworks, East River, NY.'' The safety zone was established to
protect persons and vessels from potential hazards associated with the
annual 4th of July fireworks display and high concentration of
spectator vessels. The Coast Guard has since established a Special
Local Regulation that regulates marine traffic in conjunction with the
annual marine event, eliminating the need for the safety zone
established in 2001. This action removes the existing regulations
related to the initial safety zone.
DATES: This rule is effective February 17, 2023.
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-
2022-0197 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 MSTC S. Stevenson, Waterways Management Division, U.S.
Coast Guard; telephone 718-354-4197, email <a href="/cdn-cgi/l/email-protection#de9aeeeff38d939cf38dbbbd9087f389bfaabbaca9bfa7ad9eabadbdb9f0b3b7b2"><span class="__cf_email__" data-cfemail="dd99edecf08e909ff08eb8be9384f08abca9b8afaabca4ae9da8aebebaf3b0b4b1">[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
On April 11, 2001, the Coast Guard established the initial safety
zone in a final rule, titled ``Safety Zone: Macy's July 4th Fireworks,
East River, NY'' (66 FR 20403). The safety zone was established to
protect people and vessels from the potential hazards associated with
the annual 4th of July fireworks display and the high concentration of
spectator vessels on the East River and Upper Bay during the show. The
final rule established a permanent safety zone on the East River and
Upper Bay. It contained a spectator area on the East River between the
Williamsburg Bridge and North 9th Street, Brooklyn, NY.
On June 21, 2005, the Coast Guard published another final rule,
``Safety Zone: Macy's July 4th Fireworks, East River and Upper New York
Bay, NY'' (70 FR 35534). This final rule modified the parameters of the
safety zone to accommodate an added fireworks discharge site near
Liberty Island.
Since approximately 2015, the safety zone that this action is
removing has not been actively enforced. Instead, temporary safety
zones were established to better accommodate the fireworks display and
the vessel congestion on the waterway.
On June 21, 2022, the Coast Guard established a new permanent
special local regulation, titled ``Special Local Regulation; East River
4th of July Fireworks, New York, NY'' (87 FR 36763). This action
included creating a moving protection zone for the loaded fireworks
barges, a buffer zone, and four separate spectator areas that separate
vessels based on size. This new special local regulation mirrored the
temporary final rules used in recent years, effectively replacing the
initial safety zone.
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment per 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 a good cause finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds good
cause for not publishing a notice of proposed rulemaking (NPRM)
cocerning this rule. Sufficient time has passed since the establishment
of the special local regulation and the last enforcement of this safety
zone for the Coast Guard to receive any adverse public implications. In
addition, during the initial NPRM process of establishing the safety
zone, no adverse comments were received that pertained to the Coast
Guard modifying the safety zone appropriately. Therefore the Coast
Guard has determined that it is unnecessary and contrary to the public
interest to publish an NPRM because this action is merely removing a
regulatory restriction that is no longer needed.
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. The safety zone is no longer
needed and has not been enforced since 2015, since temporary safety
zones were established to accommodate the fireworks display and amount
of spectator vessels on the waterway. This rule requires an
administrative change to the Federal Register to relieve a regulatory
restriction that is no longer applicable or necessary. Therefore, a
delayed effective date is unnecessary and contrary to the public
interest.
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 the potential hazards associated with the
annual fireworks display and high concentration of spectator's vessels
are better managed by the permanent special local regulation
established on June 21, 2022. Therefore, the safety zone that this
action is removing is no longer necessary.
IV. Discussion of the Rule
On April 11, 2001, the Coast Guard published a final rule titled
``Safety Zone: Macy's July 4th Fireworks, East River, NY'' in the
Federal Register (66 FR 20403). At the time, the safety zone was
necessary to protect people and vessels from potential hazards with the
annual 4th of July fireworks display on the East River, NY. The initial
final rule establishing this safety zone was later modified to expand
the parameters. However, since approximately 2015, several temporary
special local regulations effectively substituted the safety zone. The
Coast Guard has since established a permanent special local regulation
that better manages the hazards associated with the annual fireworks
display. therefore the safety
[[Page 10241]]
zone that this action removes is no longer needed.
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 the fact that
actions taken to disestablish a safety zone are not considered a
significant regulatory action.
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
bridge may be small entities, for the reasons stated in section V.A
above this final rule would 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
removing a safety zone that was established to manage vessel traffic
immediately before, during, and after a fireworks display. It is
categorically excluded from further review under paragraph L60(b) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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, 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.
Sec. 165.166 [Removed]
0
2. Remove Sec. 165.166.
Dated: January 31, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-03446 Filed 2-16-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 17, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.