[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Proposed Rules]
[Pages 16978-16981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6980]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0004]
RIN 1625-AA08


Special Local Regulation; Macy's Fourth of July Fireworks Display 
Spectator Viewing Areas; Hudson River; New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation (SLR) on the navigable waters of the Hudson River in 
the vicinity of New York, NY for the Macy's Fourth of July Fireworks 
Display. The temporary SLR is intended to restrict certain vessels from 
portions of the Hudson River before, during, and immediately after the 
fireworks event. This regulation is necessary to provide for the safety 
of life on the navigable waters by controlling vessel movement and to 
establish public viewing areas for the fireworks event.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 7, 2012. Requests for public meetings must be 
received by the Coast Guard on or before April 13, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0004 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Ensign Kimberly Farnsworth, Coast Guard; telephone 
(718) 354-4163, email <a href="/cdn-cgi/l/email-protection#074c6e6a6562756b7e2946294166756974706875736f4772746460296a6e6b"><span class="__cf_email__" data-cfemail="612a080c0304130d184f204f2700130f12160e13150921141202064f0c080d">[email protected]</span></a>. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0004), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0004) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.

[[Page 16979]]

    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0004) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    The legal basis for the proposed SLR is 33 U.S.C. 1233; and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define special local 
regulations.
    The proposed temporary SLR is necessary to ensure the safety of 
spectators and vessels from hazards associated with fireworks displays. 
Based on the inherent hazards associated with fireworks, the Captain of 
the Port (COTP) New York has determined that fireworks launches 
proximate to water crafts pose a significant risk to public safety and 
property. The combination of increased numbers of recreational vessels, 
congested waterways, darkness punctuated by bright flashes of light, 
and debris, especially burning debris falling on passing or spectator 
vessels has the potential to result in serious injuries or fatalities. 
The proposed rule will temporarily establish regulated areas designated 
as spectator vessel viewing areas to restrict and control vessel 
movement around the location of the fireworks launch platforms to 
reduce the risk associated with the launch of fireworks.

Discussion of Proposed Rule

    Macy's is sponsoring their annual Fourth of July Fireworks Display 
on the waters of the Hudson River in the vicinity of New York, NY. The 
fireworks display will occur from approximately 9:20 p.m. until 9:50 
p.m. on July 4, 2012. In order to coordinate the safe movement of 
vessels within the area and to ensure that the area is clear of 
unauthorized persons and vessels before, during, and immediately after 
the fireworks launch, the proposed regulated areas will be enforced 
from 7 p.m. until 11 p.m. on July 4, 2012.
    If the event is cancelled due to inclement weather, then the 
proposed regulated areas will be enforced from 7 p.m. until 11 p.m. on 
July 5, 2012.
    The Coast Guard will activate a pre-established safety zone under 
33 CFR 165.160 (USCG-2010-1001), around the fireworks launch platforms. 
The safety zone may be referred to as area CHARLIE, and its location is 
defined in entry 1.1 of Table 1 to 33 CFR 165.160. Only fireworks 
launch platforms and assist vessels will be allowed to enter into the 
safety zone.
    To augment the existing safety zone around the fireworks launch 
barges, the COTP New York will establish four limited access areas 
within the boundaries of the special local regulation. Access to these 
areas will be restricted to vessels of a certain size. The four 
designated areas within the SLR are: (1) A ``spectator area'' 
designated ALPHA in which access is limited to vessels less than 20 
meters in length (65.6ft); (2) ``spectator area'' designated BRAVO in 
which access is limited to vessels greater than 20 meters in length 
(65.6ft); (3) ``spectator area'' designated DELTA in which access is 
limited to vessels greater than 20 meters in length (65.6ft); and (4) a 
``spectator area'' designated ECHO in which access is limited to 
vessels less than 20 meters in length (65.6ft).
    The geographic locations of regulated areas, and specific 
requirements of this rule are contained in the regulatory text. Public 
notifications will be made to the local maritime community prior to the 
event through the Local Notice to Mariners, and Broadcast Notice to 
Mariners.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.
    This determination is based on the limited time that vessels will 
be restricted from the fireworks display area. The temporary special 
local regulation will only be in effect for approximately four hours 
during the evening hours. The Coast Guard does not expect significant 
adverse impact to mariners from the regulated areas, because the event 
has been extensively advertised in the public and affected mariners may 
request authorization from the COTP New York or the designated 
representative to transit the zone. Advance notification will be made 
to the maritime community via Broadcast Notice to Mariners and Local 
Notice to Mariners (LNM).

Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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.

[[Page 16980]]

    This rule will affect the following entities, some of which may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of the Hudson River, in the vicinity of 
New York, NY during the effective period.
    The temporary special local regulation will not have significant 
economic impact on a substantial number of small entities for the 
following reasons: This rule will be in effect for only four hours on a 
single day during the late evening for this fireworks event. Although 
the regulation will apply to the entire width of the river, traffic 
will be allowed to pass through the area with the permission of the 
COTP New York or the designated representative. Before the effective 
period, the Coast Guard will issue maritime advisories widely available 
to users of the waterway.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking process.
    If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact 1-888-REG-FAIR (1-
888-734-3247). 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.

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).

Federalism

    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 determined 
that this rule does not have implications for federalism.

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 expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action appears to be 
one of a category of actions which do not individually or cumulatively 
have a significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination will be 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a special local regulation to 
regulate vessel traffic on a portion of the Hudson River during the 
launching of fireworks. This rule appears to be categorically excluded, 
under figure 2-1, paragraphs and (34)(h), of the Commandant 
Instruction.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.


[[Page 16981]]


    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 WATER

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.35T01-0004 to read as follows:


Sec.  100.35T01-0004  Macy's Fourth of July Fireworks Display Spectator 
Viewing Areas; Hudson River; New York, NY.

    (a) Regulated area. The regulated area includes all navigable 
waters of the Hudson River bounded by a line drawn from the northern 
most break-wall of the 79th Street Boat Basin, New York, NY, 
approximate position 40[deg]47'11.70'' N, 073[deg]59'8.83'' W, then 
west to a point on the shoreline of Guttenberg, NJ, approximate 
position 40[deg]47'28.27'' N, 073[deg]59'46.39'' W, then south along 
the New Jersey shoreline to a point in the vicinity of Port Imperial, 
Weehawken, NJ approximate position 40[deg]46'35.43'' N, 
074[deg]00'37.53'' W, then east to a point in the vicinity of Pier 99, 
New York, NY approximate position 40[deg]46'16.98'' N, 
073[deg]59'52.34'' W, then along the Manhattan shoreline north to the 
point of origin and all navigable waters of the Hudson River bounded by 
a line drawn from Maxwell Park, Hoboken, NJ, approximate location 
40[deg]44'55.90'' N, 074[deg]01'24.94'' W, east to Chelsea Piers, New 
York, NY approximate location 40[deg]44'48.97'' N, 074[deg]00'41.01'' 
W,, south along the Manhattan shore line to Pier 40 approximate 
location 40[deg]43'46.43'' N, 074[deg]00'50.95'' W, and west to 
Hoboken/New Jersey Transit Station, Hoboken, NJ approximate location 
40[deg]43'50.38'' N, 074[deg]01'41.68'' W, and then north to the point 
of origin. All geographic coordinates are North American Datum of 1983 
(NAD 83). Within the overall regulated area defined in this paragraph 
(a), the following are individually defined areas subject to specific 
requirements:
    (1) Area ALPHA: All navigable waters of the Hudson River north of a 
line drawn from a point in the vicinity of Riverwalk Place, Weehawken, 
NJ, approximate position 40[deg]46'50.85'' N, 074[deg]00'19.52'' W, 
east to a point in the vicinity of 64th Street, New York, NY, 
approximate position 40[deg]46'34.38'' N, 073[deg] 59'30.98'' W, and 
south of a line drawn from the shoreline of Guttenberg, NJ, approximate 
position 40[deg]47'28.27'' N, 073[deg]59'46.39'' W, east to the 
northern most break-wall of the 79th Street Boat Basin, New York, NY, 
approximate position 40[deg]47'11.70'' N, 073[deg]59'8.83'' W. (NAD 
83).
    (2) Area BRAVO: All navigable waters of the Hudson River north of a 
line drawn from the ferry terminal at Port Imperial, Weehawken, NJ, 
approximate position 40[deg]46'35.43'' N, 074[deg]00'37.53'' W, east to 
a point in the vicinity of Pier 99, New York, NY, approximate position 
40[deg]46'16.98'' N, 073[deg]59'52.34'' W, and south of a line drawn 
from Riverwalk Place, Weehawken, NJ, approximate position 
40[deg]46'51.01'' N, 074[deg]00'19.52'' W, east to a point in the 
vicinity of 64th Street, New York, NY, approximate position 
40[deg]46'34.38'' N, 073[deg]59'30.98'' W. (NAD 83).
    (3) Area DELTA: All navigable waters of the Hudson River north of a 
line drawn to a point in the vicinity of Pier C Park, Hoboken, NJ, in 
approximate position 40[deg]44'24.32'' N, 074[deg]01'32.98'' W, east to 
Gansevoort Street, New York, NY, approximate position 40[deg]44'20.46'' 
N, 074[deg]00'37.28'' W, and south of a line drawn from in the vicinity 
of Chelsea Piers, approximate position 40[deg]44'48.98'' N, 
074[deg]00'41.06'' W, then west to a point in near Maxwell Park, 
Hoboken, NJ, in approximate position 40[deg]44'55.91'' N, 
074[deg]01'24.94'' W. (NAD 83).
    (4) Area ECHO: All navigable waters of the Hudson River north of a 
line drawn Hoboken/New Jersey Transit Station approximate position 
40[deg]43'50.38'' N, 074[deg]01'41.68'' W in Hoboken, NJ, east to Pier 
40, New York, NY in approximate position 40[deg]43'46.43'' N, 
074[deg]00'50.95'' W, and south of a line drawn from Pier C Park, 
Hoboken, NJ, in approximate position 40[deg]44'24.32'' N, 
074[deg]01'32.98'' W, east to Gansevoort Street, New York, NY, 
approximate position 40[deg]44'20.46'' N, 074[deg]00'37.28'' W. (NAD 
83).
    (b) Definitions. For purposes of this section ``Designated 
representative'' is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the Captain of the Port New York 
(COTP) to act on the COTP's behalf.
    (c) Special local regulations. (1) In accordance with the general 
regulations in section 100.35 of this part, entry into, transiting, or 
anchoring within the regulated areas is prohibited, unless authorized 
by the COTP or the designated representative.
    (2) Vessels are authorized by the COTP or the designated 
representative to enter areas of this special location regulation in 
accordance with the following restrictions:

    (i): Area ALPHA access is limited to vessels less than 20 meters 
(65.6 ft) in length.
    (ii) Area BRAVO access is limited to vessels greater than 20 
meters (65.6 ft) in length.
    (iii) Area DELTA access is limited to vessels greater than 20 
meters (65.6 ft) in length.
    (iv) Area ECHO access is limited to vessels less than 20 meters 
(65.6 ft) in length.

    (3) All persons and vessels in the regulated areas shall comply 
with the instructions of the COTP or the designated representative.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed 
as directed. The COTP or the designated representative can be reached 
on VHF channel 16.
    (d) Effective period. This rule will be effective from 7 p.m. to 11 
p.m. on July 4, 2012. If the fireworks display is postponed, this 
section will be effective from 7 p.m. until 11 p.m. on July 5, 2012.

    Dated: February 27, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-6980 Filed 3-22-12; 8:45 am]
BILLING CODE 9110-04-P


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