Proposed Rule2023-10070
Special Local Regulation; Lower East River & New York Harbor 4th of July Fireworks, Manhattan, NY
Primary source
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Published
May 11, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposes establishing a special local regulation on the navigable waters of the lower East River and New York Harbor, NY, for vessel management for the annual 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 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 88 Issue 91 (Thursday, May 11, 2023)</title>
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[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Proposed Rules]
[Pages 30268-30272]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10070]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0158]
RIN 1625-AA08
Special Local Regulation; Lower East River & New York Harbor 4th
of July Fireworks, Manhattan, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposes establishing a special local
regulation on the navigable waters of the lower East
[[Page 30269]]
River and New York Harbor, NY, for vessel management for the annual 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 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 June 12, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0158 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: If you have questions about this
proposed rulemaking, call or email Marine Science Technician First
Class Ian Rose, Waterways Management Division, U.S. Coast Guard;
telephone 718-354-2250, email <a href="/cdn-cgi/l/email-protection#6420545549372926493701072a3d49330510011613051d1724111707034a090d08"><span class="__cf_email__" data-cfemail="4a0e7a7b6719070867192f290413671d2b3e2f383d2b33390a3f39292d64272326">[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
SLR Special Local Regulation
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 9, 2023, the Coast Guard received a request for the
annual 4th of July fireworks display to be held on the Lower East River
and in the New York Harbor. 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 proposed special
local regulation mimics those limited access areas established for 4th
of July in previous years. As in years prior, a buffer zone will be set
around the barges and four viewing areas that will separate vessels
based on length. Multiple firework displays will commence
simultaneously, producing a relatively large fallout zone over the East
River when the East River and New York Harbor experiences heavy vessel
congestion necessitating the need to 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. This proposed rule would establish a buffer zone around the
barges in show position and four separate viewing areas separating
vessels by size to protect the safety of all waterway users, including
event participants and spectators. The proposed rulemaking aims to
ensure the safety of participants, non-participants, and transiting
vessels on the navigable waters near 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 establishing a special local regulation
subject to enforcement annually from 5:30 through 11:30 p.m. on July 4
or July 5. 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 vessel's length.
[GRAPHIC] [TIFF OMITTED] TP11MY23.012
[[Page 30270]]
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.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. A summary of our analysis
based on these statutes and Executive Orders follows.
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 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 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 and Local 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 six hours or less that would limit persons or
vessels from transiting a portion of the lower East River and New York
Harbor 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. 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 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
[[Page 30271]]
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-2023-0158. 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. 100.111 to read as follows:
Sec. 100.111 Lower East River and New York Harbor 4th of July
Fireworks, 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 bound by a
line connecting the following coordinates: from 40[deg]42'46'' N
73[deg]58'34'' W (near Grand St. Manhattan), 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), 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: 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), 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),
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: All navigable waters of the East River bound by a
line connecting the following points: beginning at 40[deg]42'33'' N
73[deg]59'18'' W (near Jefferson Street, Manhattan, NY), to
40[deg]42'19'' N 73[deg]59'15'' W (near Pearl Street, Brooklyn, NY),
along the shore to 40[deg]41'28'' N 74[deg]00'19'' W (Pier 8, Brooklyn,
NY), to 40[deg]41'34.728'' N 74[deg]00'54'' W (near Governors Island
Ferry Slip), 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: All navigable waters of the East River bound by a
line connecting the following points from 40[deg]42'03'' N
74[deg]00'55'' W (near Battery Park, Manhattan, NY), to 40[deg]41'35''
N 74[deg]00'54'' W (near the Governors Island Ferry Slip), along the
shoreline of Governors Island to 40[deg]41'09'' N 74[deg]01'36'' W,
then north to 40[deg]42'03'' N, 074[deg]01'40'' W, then back to the
point of origin.
(5) Area ECHO: All navigable waters of the East River bound by a
line connecting the following points beginning at 40[deg]41'34'' N,
74[deg]0'51'' W (near Governors Island) to 40[deg]41'28'' N
74[deg]00'19'' W (Pier 8, Brooklyn, NY), to 40[deg]40'44'' N
74[deg]01'10'' W (Red Hook), 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:
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 Sec. 100.35, entry into, transiting, or anchoring
within the regulated areas described in paragraph (a) of this section
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 regulated areas established by this section
must adhere to the following restrictions:
(i) Area ALPHA access is limited to vessels less-than or equal to
20 meters (65.6 ft) in length.
(ii) Area BRAVO access is limited to vessels over 20 meters (65.6
ft) in length.
(iii) All vessels are prohibited from entering area CHARLIE without
permission from the COTP or a designated representative after 6 p.m.
Commercial passenger vessels that need to transit through the Charlie
Section enroute to their designated viewing areas 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 the Charlie Section and take all direction that may be
provided by the Coast Guard.
(iv) Area DELTA access is limited to vessels over 20 meters (65.6
ft) in length.
(v) Area ECHO access is limited to vessels less-than or equal to 20
meters (65.6 ft) in length.
(vi) 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 718-354-4088 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.
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(6) The COTP or a 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 annually from 5:30 through 11:30 p.m. on July 4. In the
event the fireworks display is postponed due to inclement weather or
other causes, this section will be enforced annually from 5:30 to 11:30
p.m. on July 5.
Dated: May 4, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-10070 Filed 5-10-23; 8:45 am]
BILLING CODE 9110-04-P
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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.