Safety Zone; Aerial Displays, Upper Bay, New York, NY

Issuing agencies

Abstract

The Coast Guard is establishing a temporary safety zone for navigable waters of the Upper New York Bay, in the vicinity of Liberty Island and Governors Island. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with aerial displays. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector New York (COTP), or their designated representative.

Full Text

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<title>Federal Register, Volume 91 Issue 165 (Thursday, August 27, 2026)</title>
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[Federal Register Volume 91, Number 165 (Thursday, August 27, 2026)]
[Rules and Regulations]
[Pages 55266-55268]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17522]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-0936]
RIN 1625-AA00


Safety Zone; Aerial Displays, Upper Bay, New York, NY

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Upper New York Bay, in the vicinity of Liberty 
Island and Governors Island. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
associated with aerial displays. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port, Sector New York (COTP), or their designated representative.

DATES: This rule is effective from September 1, 2026, through September 
30, 2026.

[[Page 55267]]


ADDRESSES: To view available documents, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0936.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
contact MST1 Angelina Gerber, Sector New York Waterways Management 
Division, U.S. Coast Guard; telephone 718-801-2932, or email 
<a href="/cdn-cgi/l/email-protection#33605650475c417d6a64647e73464050541d5e5a5f"><span class="__cf_email__" data-cfemail="67340204130815293e30302a2712140400490a0e0b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Sector 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 and Authority

    The Coast Guard has received multiple requests from event sponsors 
to host aerial displays in remembrance of the 25th Anniversary of 
September 11, 2001. Risks associated with aerial displays, including 
drone and skydiving demonstrations, include but are not limited to 
falling equipment and collisions between aerial objects and sailboat 
masts or commercial vessel pilothouses. Sector New York has a permanent 
rule to accommodate drone displays in the Hudson River. See 33 CFR 
165.166. Unfortunately, the displays which this temporary rule address 
are outside the boundaries of that safety zone.
    The Captain of the Port, Sector New York (COTP) is issuing this 
rule under the authority in 46 U.S.C. 70034, which is needed to protect 
persons, vessels, and the marine environment in the navigable waters 
within the safety zone.
    The Coast Guard is issuing this rule without prior notice and 
comment. As is authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) because it is impracticable. We do not have enough 
time to solicit and respond to comments.
    For the same reason, the Coast Guard finds that under 5 U.S.C. 
553(d)(3), good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

III. Discussion of the Rule

    This rule allows the COTP to establish a temporary safety zone for 
aerial displays from September 01, 2026, through September 30, 2026. 
The safety zone will only be subject to enforcement as needed during 
times of limited duration for aerial displays. The safety zone will be 
identified and activated (made subject to enforcement) to accommodate 
specific aerial displays within the effective dates of the rule and 
within the geographic boundaries of the designated zone described below 
in this paragraph. The COTP will provide notice of the exact dates and 
times and locations in advance of each enforcement period to the local 
maritime community through marine broadcasts, local notice to mariners, 
or by on-scene oral notice. The safety zone may have a radius of up to 
500-yards within the designated zone. The coordinates defining the 
center of the designated zone shall lie within the navigable waters of 
the Upper New York Bay bounded by the following points: Point One at 
40[deg]42'20.9'' N, 74[deg]02'05.7'' W, thence to Point Two at 
40[deg]42'05.8'' N, 74[deg]00'58.5'' W, thence to Point Three at 
40[deg]41'35.7'' N, 74[deg]00'14.3'' W, thence to Point Four at 
40[deg]40'46.5'' N, 74[deg]01'09.7'' W, thence to Point Five at 
40[deg]41'26.2'' N, 74[deg]03'17.3'' W; thence returning to Point One 
via the adjoining shoreline. These coordinates are based on the North 
American Datum 83 (NAD 83).
    Vessels and persons will not be allowed to enter the zone during 
this time, unless authorized by the Captain of the Port. Requests to 
enter the zone will be considered and reviewed on a case-by-case basis. 
The COTP may be contacted by telephone at (718) 354-4356 or can be 
reached by VHF-FM channel 16. Persons and vessels permitted to enter 
this safety zone must comply with all lawful directions issued by the 
COTP or the designated representative.

IV. 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.

A. Impact on Small Entities

    The regulatory flexibility analysis provisions of the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that 
are not subject to notice and comment. Because the Coast Guard has, for 
good cause, waived the notice and comment requirement that would 
otherwise apply to this rulemaking, the Regulatory Flexibility Act's 
flexibility analysis provisions do not apply here.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your 
small business, organization, or governmental jurisdiction and you have 
questions, contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section.
    Small businesses may send comments to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards by calling 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.

B. 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).

C. Federalism and Indian Tribal Governments

    We have analyzed this rule under Executive Order 13132, Federalism, 
and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements described in that 
Order.
    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.

D. Unfunded Mandates Reform Act

    As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538), the Coast Guard certifies that this rule will not result in 
an annual expenditure of $100,000,000 or more (adjusted for inflation) 
by a State, local, or tribal government, in the aggregate, or by the 
private sector.

E. 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 et seq.), 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 is a safety zone. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction

[[Page 55268]]

Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket.

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; DHS Delegation No. 00170.1, Revision No. 01.4.


0
2. Add Sec.  165.T01-0936 to read as follows:


Sec.  165.T01-0936  Safety Zone; Aerial Displays, Upper Bay, New York, 
NY.

    (a) Location. The following area is a designated zone within which 
a safety zone with a radius of up to 500-yards, will be established for 
aerial displays. The designation of a safety zone as being subject to 
enforcement under this rule requires the coordinates defining the 
center of the designated zone to be within the boundaries of the area 
described as follows: All waters of the Upper Bay, in the vicinity of 
Liberty Island and Governors Island, 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, thence to 40[deg]42'05.8'' N, 
74[deg]00'58.5'' W, thence to 40[deg]41'35.7'' N, 74[deg]00'14.3'' W, 
thence to 40[deg]40'46.5'' N, 74[deg]01'09.7'' W, thence to 
40[deg]41'26.2'' N, 74[deg]03'17.3'' W, and along the shoreline back to 
the beginning point. These coordinates are based on the North American 
Datum 83 (NAD 83).
    (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 the safety 
zone.
    (c) Regulations. (1) 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, contact the COTP or the COTP's 
representative on VHF-FM channel 16 or by telephone 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) Effective dates and enforcement periods. This rule is effective 
from September 1, 2026, through September 30, 2026, but it will only be 
subject to enforcement at specific times and in specific locations 
dependent on when the aerial displays will be taking place. The COTP 
will make notification of the exact dates, times, and center point 
location of the 500-yard radius for each safety zone 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, or by on-scene oral notice.

Doreen McCarthy,
Captain, U.S. Coast Guard, Captain of the Port Sector New York.
[FR Doc. 2026-17522 Filed 8-26-26; 8:45 am]
BILLING CODE 9110-04-P


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