Rule2024-18865
Safety Zones; Aerial Drone Displays, Hudson and East Rivers, New York, NY
Primary source
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Published
August 23, 2024
Effective
September 23, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing specific areas of the Hudson and East Rivers where safety zones will be enforced on the navigable waters beneath aerial drone shows. This action is necessary to protect personnel, vessels, and the marine environment from potential hazards created by aerial drone displays. This final rule would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New York or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 164 (Friday, August 23, 2024)</title>
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[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68102-68104]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18865]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0225]
RIN 1625-AA00
Safety Zones; Aerial Drone Displays, Hudson and East Rivers, New
York, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing specific areas of the Hudson
and East Rivers where safety zones will be enforced on the navigable
waters beneath aerial drone shows. This action is necessary to protect
personnel, vessels, and the marine environment from potential hazards
created by aerial drone displays. This final rule would prohibit
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Sector New York or a designated representative.
DATES: This rule is effective September 23, 2024.
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-
2024-0225 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 about this rule,
call or email MST1 Melanie Hughes, Sector New York Waterways Management
Division, U.S. Coast Guard; 718-354-4352, <a href="/cdn-cgi/l/email-protection#9adeaaabb7c9d7d8b7c9fff9d4c3b7cdfbeeffe8edfbe3e9daefe9f9fdb4f7f3f6"><span class="__cf_email__" data-cfemail="cd89fdfce09e808fe09ea8ae8394e09aacb9a8bfbaacb4be8db8beaeaae3a0a4a1">[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
From November 2022 until June 2024, U.S. Coast Guard Sector New
York received 13 requests for aerial drones displays within the Captain
of The Port's (COTP) area of responsibility. Of those 13 requests, 10
have either taken place or were planned to take place in areas above
the Hudson and East Rivers. In all cases, the sponsors of the drone
displays requested safety zones beneath the drones' flight path. The
request for safety zones is driven by Federal Aviation Administration
(FAA) regulation that drones cannot safely fly over human beings. It is
becoming increasingly more common to hold aerial drone displays over
the water to reduce the number of occupants immediately below a drone
show. In response, on May 24, 2024, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zones; Aerial Drone
Displays, Hudson and East Rivers, New York, NY (89 FR 45803). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this rule. During the comment period that
ended June 24, 2024, we received three comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP New York has determined the potential hazards
associated with drone shows to be a safety concern for anyone directly
underneath the flight path of aerial drone displays. The purpose of
this rule is to ensure the safety of human life and vessels on the
navigable waters of the Hudson and East Rivers
[[Page 68103]]
while a drone show is taking place overhead.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received three comments; one was submitted
directly to the docket and the other two were emailed to the Coast
Guard point of contact referenced in the FOR FURTHER INFORMATION
CONTACT section and have since been added to the docket, on our NPRM
published May 24, 2024. Although we received three comments, there are
no changes in the regulatory text of this rule from the proposed rule
in the NPRM.
One commenter asked whether a barge would be allowed to remain in
place while a safety zone is being enforced. The commenter stated that
removing a barge would entail additional costs if it were required to
move. The rule allows entry and occupancy in the designated safety zone
by contacting 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. Such requests as the commenter presents
will be considered on a case-by-case basis with regards to the safety
of the event and users of the waterway. Additionally, Zones 1 and 2
occur within areas monitored by the Coast Guard's Vessel Traffic
Center, who will ensure adequate notice and predictability in the
waters through coordination of vessel movements and dissemination of
information.
One commenter inquired about a scenario where the City of New York
would need to pass through a closed safety zone in order to inspect
and/or repair a location that is deemed an emergency and whether they
would be given special permission to do so. This rule allows all
vessels, not just those operated by the City of New York, to seek
permission to enter the zone if necessary. The COTP can grant access on
a case-by-case basis into the regulated area. To seek access into a
safety zone, you may contact the Sector New York Command Center at 718-
354-4356 or use VHF channel 13 or 16. Additionally, the Coast Guard
anticipates any enforcement of a regulated area to be of a short
duration (while drones are in flight, typically between 10-20 minutes
at a time) and impact a small, designated area of the waterway. In many
cases, vessels can safely transit around the safety zone. The areas
designated as Zone 1 (Hudson River) and Zone 2 (East River) will not be
enforced in their entirety, rather, a smaller portion of the zone will
be enforced to cover all waters beneath the drone's flight path. The
Coast Guard anticipates, on average, that these safety zones would only
cover the waters within a 200-yard radius of the aerial drone display.
However, safety zones could be established up to a radius of 500-yards
from the aerial drone display.
One commenter requested to know if Pier 89 and Pier 90, near the
Intrepid Museum (Pier 86), on the Hudson River were included in Zone 1
(Hudson River). Zone 1 (Hudson River) covers all waters of the Hudson
River extending from lower Manhattan (Staten Island Ferry, Whitehall
terminal) north to Pier 99.
This rule establishes designated zones on the Hudson and East
Rivers in which a safety zone radius up to 500-yards will be
established for aerial drone displays. The establishment of a safety
zone within a designated zone requires the coordinates defining the
center of the safety zone to be within the boundaries of one of the
zones.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the ability of
other waterway users to safely transit around the safety zones in many
cases, and the size and duration of the safety zones will impact a
small, designated area of the waterway for a relatively short period of
time. Moreover, the Coast Guard will notify mariners of the enforcement
via marine broadcasts, local notice to mariners, local news media,
distribution in leaflet form, or by an on-scene oral notice as
appropriate. The rule will also allow vessels to seek permission to
enter the zone if necessary.
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 received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 68104]]
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
designating areas on the Hudson and East Rivers where safety zones can
be established underneath drone shows. It is categorically excluded
from further review under paragraph L60a 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:
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.
0
2. Add Sec. 165.166 to read as follows:
Sec. 165.166 Safety Zones; Coast Guard Captain of the Port New York
Zone Drone Displays.
(a) Locations. The following areas are designated zones in which a
safety zone with a radius up to 500-yards will be established for drone
shows. The establishment of a safety zone within a designated zone
requires the coordinates defining the center of the safety zone to be
within the boundaries of one of the zones described as follows:
(1) Hudson River Zone 1: All waters of the Hudson River to include
Morris Canal Basin in the vicinity of lower Manhattan, from surface to
bottom, encompassed by a line connecting the following points beginning
at 40[deg]42'20.9'' N, 74[deg]02'05.7'' W; traveling north along the
shoreline thence to 40[deg]46'41.1'' N, 74[deg]00'30.4'' W; thence to
40[deg]46'22.2'' N, 73[deg]59'38.3'' W; traveling south along the
shoreline thence to 40[deg]42'02.0'' N, 74[deg]00'51.1'' W; and back to
the point of origin.
(2) East River Zone 2: All waters of the East River in the vicinity
of lower Manhattan, from surface to bottom, encompassed by a line
connecting the following points beginning at 40[deg]42'01.6'' N,
74[deg]00'48.7'' W; traveling north along the shoreline thence to
40[deg]46'38.0'' N, 73[deg]56'31.6'' W; thence to 40[deg]46'33.2''N,
73[deg]56'13.4'' W; traveling south along the shoreline thence to
40[deg]44'17.2'' N, 73[deg]57'38.7'' W; thence to 40[deg]44'11.6'' N,
73[deg]57'37.0'' W; continuing south along the shoreline thence to
40[deg]41'35.7'' N, 74[deg]00'14.3'' W; and back to the point of
origin. These coordinates are based on Datum WGS 84.
(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 Zone in the
enforcement of the safety zone.
Official Patrol Vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned as an on-
scene representative approved by the COTP.
Spectators means all persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Regulations. (1) When enforced, 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 the designated safety zone, 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. Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(d) Enforcement periods. The COTP will make notification of the
exact dates and times in advance of each enforcement period for the
locations above in paragraph (a) of this section to the local maritime
community through marine broadcasts, local notice to mariners, local
news media, distribution in leaflet form, or by an on-scene oral notice
and signage.
Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the Port, Sector New York.
[FR Doc. 2024-18865 Filed 8-22-24; 8:45 am]
BILLING CODE 9110-04-P
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