[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Rules and Regulations]
[Pages 34171-34173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12055]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0211]
RIN 1625-AA00


Safety Zones; Fireworks, Captain of the Port New York Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing five temporary safety zones in 
the Coast Guard Captain of the Port (COTP) New York Zone for multiple 
barge based fireworks displays that are scheduled to take place in June 
of 2022. During the enforcement times vessels will be restricted from 
portions of navigable waters in the vicinity of the fireworks displays 
on the Long Island Sound, Hudson River, and Upper New York Bay. The 
establishment of these safety zones is necessary to protect event 
participants, waterway users, and vessels, from the potential hazards 
associated with these scheduled events.

DATES: This rule is effective from 9 p.m. on June 18, 2022, through 11 
p.m. on June 28, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0211 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 MST1 J. Kurian, Waterways Management Division, U.S. Coast 
Guard; telephone 718-354-4000, email <a href="/cdn-cgi/l/email-protection#024632332f514f402f5167614c5b2f556376677075637b7142777161652c6f6b6e"><span class="__cf_email__" data-cfemail="d793e7e6fa849a95fa84b2b4998efa80b6a3b2a5a0b6aea497a2a4b4b0f9babebb">[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

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to 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 good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. The details of these events were not 
known to the Coast Guard until there was insufficient time to publish 
an NPRM. Delaying the effective date of this rule to wait for a comment 
period to run would be impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
the public and vessels from the hazards associated with barge based 
fireworks displays. The expeditious implementation of this rule is in 
the public interest because it will help ensure the safety of event 
participants, spectators, waterway users, and surrounding vessels.
    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. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because the safety zones must be enforced for the fireworks displays in 
June of 2022, to mitigate the potential safety hazards associated with 
these events.

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 potential hazards associated with barge 
based fireworks displays will pose a significant risk to public safety 
and property. This rule is needed to protect personnel, vessels and the 
marine environment in the navigable waters within the fallout zone 
immediately before, during and after the fireworks displays.

IV. Discussion of the Rule

    This rule establishes five temporary safety zones, which will be 
enforced for a relatively short duration, on various days throughout 
June of 2022 as described below. Each event and its corresponding 
enforcement dates and locations are described below.
    (1) Jersey City, Hudson River, Safety Zone Launch site: A barge 
located on the Hudson River, in approximate position 40[deg]41'08'' N, 
74[deg]04'10'' W, approximately 100 yards east of Caven Point. This 
safety zone is a 90-yard radius from the barge and will be enforced on 
June 18, 2022, from 9 p.m. until 10 p.m.
    (2) Big Rock Point, Hudson River, Safety Zone Launch site: A barge 
or floating platform located on the Hudson River, in approximate 
position 41[deg]53'50'' N, 73[deg]57'49'' W, approximately 500 yards 
north of Big Rock Point. This safety zone is a 360-yard radius from the 
barge and will be enforced on June 25, 2022, from 9:30 p.m. until 11 
p.m.
    (3) Governors Island, Upper New York Bay, Safety Zone Launch site: 
A barge located on the Upper New York Bay, from approximate position 
40[deg]41'25'' N, 74[deg]01'34'' W, approximately 365 yards west of 
Governors Island. This safety zone is a 360-yard radius from the barge 
and will be enforced on June 26, 2022, from 9:30 p.m. until 11 p.m.
    (4) Little Neck Bay, Long Island Sound, Safety Zone Launch site: 
Two barges located on Little Neck Bay on the Long Island Sound in 
approximate position 40[deg]47'38'' N, 073[deg]46'13'' W, approximately 
300 yards east of Fort Totten Park. This safety zone is a 360-yard 
radius from the barge and will be enforced on June 28, 2022, from 9 
p.m. until 10 p.m.

[[Page 34172]]

    Based on the size and location of each zone, vessels may be able to 
safely transit around each safety zone in many cases, therefore impact 
to vessel traffic is minimal. The enforcement of the zones are intended 
to protect event participants, vessels and surrounding vessels in these 
navigable waters during these events. No vessel or person will be 
permitted to enter the safety zones without obtaining permission from 
the COTP or a Designated Representative.

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 duration and time-
of-day and location of the safety zones. These safety zones will 
restrict vessel traffic from entering or transiting within a relatively 
small area of navigable waters within the Captain of the Port New York 
Zone, immediately surrounding each fireworks barge launch sites. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone, and the rule allows the 
vessels to seek permissions to enter the zones. Advance public 
notifications will also be made to local mariners through appropriate 
means, which may include Local Notice to Mariners and Broadcast Notice 
to Mariners.

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 
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 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 the 
establishment of five safety zones, which will prohibit entry within a 
360-yard radius or less from the fireworks launch. It is categorically 
excluded from further review under paragraph L60 (a) 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:

[[Page 34173]]

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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T01-0211 to read as follows:


Sec.  165.T01-0211   Safety Zones; Fireworks, Captain of the Port New 
York Zone.

    The Coast Guard is establishing temporary safety zones for the 
events listed in Table 1 of this section. The regulations in this 
section will be enforced for the duration of each event, on or about 
the dates and times indicated in Table 1 of this section.
    (a) Regulations. Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
Table 1 of this section unless authorized by the COTP or the COTP's 
Designated Representative.
    (1) To seek permission to enter, 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 to obtain permission.
    (2) Information broadcasts. If there are any changes to the 
enforcement times as listed in this section, the Captain of the Port 
New York will notify the public of the updated enforcement times 
through a Broadcast Notice to Mariners and or the Local Notice to 
Mariners.
    (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 this section.

                                         Table 1 to Sec.   165.T01-0211
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                  Event                                   Location\1\                  Enforcement date and time
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1. Jersey City, Hudson River, Safety      Launch site: A barge located on the Hudson  June 18, 2022, from 9 p.m.
 Zone.                                     River, in approximate position              until 10 p.m.
                                           40[deg]41'08'' N, 74[deg]04'10'' W,
                                           approximately 100 yards east of Caven
                                           Point. This Safety Zone is a 90-yard
                                           radius from the barge.
2. Big Rock Point, Hudson River, Safety   Launch site: A barge or floating platform   June 25, 2022, from 9:30
 Zone.                                     located on the Hudson River, in             p.m. until 11 p.m.
                                           approximate position 41[deg]53'50'' N,
                                           73[deg]57'49'' W, approximately 500 yards
                                           north of Big Rock Point. This Safety Zone
                                           is a 360-yard radius from the barge.
3. Governors Island, Upper New York Bay,  Launch site: A barge located on the Upper   June 26, 2022, from 9:30
 Safety Zone.                              New York Bay, from approximate position     p.m. until 11 p.m.
                                           40[deg]41'25'' N, 74[deg]01'34'' W,
                                           approximately 365 yards west of Governors
                                           Island. This Safety Zone is a 360-yard
                                           radius from the barge.
4. Little Neck Bay, Long Island Sound,    Launch site: Two barges located on Little   June 28, 2022, from 9 p.m.
 Safety Zone.                              Neck Bay on the Long Island Sound in        until 10 p.m.
                                           approximate position 40[deg]47'38'' N,
                                           073[deg]46'13'' W, approximately 300
                                           yards east of Fort Totten Park. This
                                           Safety Zone is a 360-yard radius from the
                                           barge.
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\1\ All coordinates listed in Table 1 to Sec.   165.T01-0211 reference Datum NAD 1983.


    Dated: May 31, 2022.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2022-12055 Filed 6-3-22; 8:45 am]
BILLING CODE 9110-04-P


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