This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

36763 

Vol. 87, No. 118 

Tuesday, June 21, 2022 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0186] 

RIN 1625–AA08 

Special Local Regulation; East River 

4th of July Fireworks, New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the navigable waters of the East River 

and New York Harbor, New York, NY, 

for vessel management for the annual 

4th of July fireworks displays. This 

special local regulation allows the Coast 

Guard to control vessel movement and 

prohibit all vessel traffic from entering 

the fireworks barge buffer zone, 

establish four separate viewing areas, 

and a moving protection zone around 

the barges while they are loaded with 

pyrotechnics. 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. 

DATES: This rule is effective July 4, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0186 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MST1 Stacy Stevenson, 

Waterways Management Division, U.S. 

Coast Guard; telephone 718–354–4000, 

email D01-SMB-SecNY-Waterways@

uscg.mil. 

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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On March 7, 2022 the Coast Guard 

received an Application for Marine 

Event for the annual 4th of July 

fireworks display. In response, on April 

26, 2022, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled Special Local Regulation; East 

River 4th of July Fireworks, New York, 

NY (87 FR 24923). We stated why we 

issued the NPRM and invited comments 

on our proposed regulatory action 

related to this fireworks display. We 

received no comments during the 

comment period that ended May 27, 

2022. 

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. The comment period for the 

NPRM associated with the East River 

4th of July Fireworks ended on May 27, 

2022. The fireworks display is 

scheduled to begin on July 4, 2022. 

Thus, there is now insufficient time for 

a 30 day effective period before the need 

to enforce the special local regulation on 

July 4, 2022. The fireworks display will 

take place on July 4, 2022 to coincide 

with Independence Day. Delaying the 

enforcement of this special local 

regulation to allow a 30-day effective 

period will be impractical and contrary 

to the public interest because it would 

inhibit the Coast Guard’s ability to 

fulfill its mission to keep the ports and 

waterways safe. 

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 a high concentration of 

vessels, and a fireworks display will be 

a safety concern for people and vessels 

in the vicinity of the fireworks barges. 

This Special Local Regulation is 

necessary to ensure the safety of vessels 

from hazards immediately prior to, 

during, and immediately after the 

annual Macy’s 4th of July fireworks 

show. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

April 26, 2022. There are no 

substantative changes in the regulatory 

text of this rule from the proposed rule 

in the NPRM. 

This rule establishes a special local 

regulation annually on July 4th or July 

5th from 5:30 p.m. through 11:30 p.m. 

This special local regulation will 

include a moving protection zone 

excluding all vessels from entering 

within a 25-yard radius from each 

loaded fireworks barge from the point of 

departure from the loading facility, 

during the transit of the New York 

Harbor, and until the placement in show 

position on the East River. The buffer 

zone will exclude all nonparticipating 

vessels from the area surrounding the 

barges immediately before, during, and 

after the display. Four separate viewing 

areas will be established that will 

separate vessels based on vessel length. 

BILLING CODE 9110–04–P 


jspears on DSK121TN23PROD with RULES1
36764 Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 

BILLING CODE 9110–04–C 

The duration of the viewing areas are 

intended to ensure the safety of vessels, 

participants, spectators, and those 

transiting the area during the fireworks 

display. Navigation rules shall 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. 

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 the duration and time-of-day 

of the Special Local Regulation. Vessel 

traffic will only be restricted in the 

regulated area areas for approximately 6 

hours, annually on either July 4th, or 

July 5th. Advanced public notifications 

will also be made to local mariners 

through appropriate means, which may 

include but not limited to 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 enter or transit 

within the Special Local Regulation 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 


jspears on DSK121TN23PROD with RULES1ER21JN22.065</GPH>
Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 36765 

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 a 

regulated area lasting approximately 6 

hours that would limit persons or 

vessels from transiting a portion of the 

East River during the scheduled event. 

It is categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Memorandum for Record supporting 

this determination is available in the 

docket where indicated under 

ADDRESSES. 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.110 to read as follows: 

§ 100.110 East River 4th of July Fireworks, 

East River, 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, between the east shore 

of Manhattan and the west shore of 

Roosevelt Island south of the Ed Koch 

Queensboro Bridge encompassed by a 

line connecting the following points 

beginning at 40°45′31.46′′ N, 

73°57′31.42′′ W, along the shore to 

40°45′6.80′′ N, 73°57′53.45′′ W, east to 

Roosevelt Island at 40°44′59.42′′ N, 

73°57′40.57′′ W, along the west shore of 

Roosevelt island to the Ed Koch 

Queensboro Bridge at 40°45′26.02′′ N, 

73°57′19.15′′ W, and back to the point of 

origin. 

(2) Area BRAVO: All navigable waters 

of the East River, between the west 

shore of Queens and the east shore of 

Roosevelt Island south of the Ed Koch 

Queensboro Bridge encompassed by a 

line connecting the following points 

beginning at 40°45′22.89′′ N, 

73°57′12.06′′ W, along the western shore 

of Roosevelt Island to 40°44′59.42′′ N, 

73°57′40.57′′ W, east to 40°44′52.25′′ N, 

73°57′28.08′′ W, north along the west 

shore to the Ed Koch Queensboro Bridge 

at 40°45′18.82′′ N, 73°57′2.91′′ W, and 

back to the point of origin. 

(3) Area CHARLIE: All navigable 

waters of the East River encompassed by 

a line connecting the following points 

beginning at 40°45′6.80′′ N, 73°57′53.45′′ 

W, then south along the shore of 

Manhattan to 40°43′40.29′′ N, 

73°58′18.37′′ W, across the East River to 

Brooklyn at 40°43′39.68′′ N, 

73°57′39.74′′ W, then north along the 

east shore of the East River to 

40°44′52.25′′ N, 73°57′28.08′′ W 

including the navigable waters of 

Newtown Creek to the Pulaski Bridge, 

back to the point of origin. 

(4) Area DELTA: All navigable waters 

of the East River encompassed by a line 

connecting the following points 

beginning at 40°43′40.29′′ N, 

73°58′18.37′′ W, then south along the 

shore of Manhattan to 40°43′06′′ N, 

073°58′25′′ W, across the East River to 

Brooklyn at 40°42′57.34′′ N, 73°58′3.03′′ 

W, and north along the shore of 

Brooklyn To 40°42′15.87′′ N, 

73°59′19.60′′ W, then along the shore of 

Brooklyn to 40°42′57.34′′ N, 73°58′3.03′′ 

W, and then back to the point of origin. 

(5) Area ECHO: All navigable waters 

of the East River encompassed by a line 

connecting the following points 

beginning at 40°43′06′′ N, 073°58′25′′ W, 

then along the shore to the Manhattan 

Bridge at 40°42′34.74′′ N, 73°59′30.65′′ 

W, across the East River to Brooklyn at 

40°42′15.87′′ N, 73°59′19.60′′ W, then 

along the Brooklyn side of the East River 

to 40°42′57.34′′ N, 73°58′3.03′′ W, and 

then back to the point of origin. These 

coordinates are based on (NAD 83). 

(6) Moving Protection Zone: A moving 

protection zone on all navigable waters 

within a 50 yard radius of the 

participating barges while they are 


jspears on DSK121TN23PROD with RULES1
36766 Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 

loaded with explosive material will be 

enforced from the point of departure 

within the COTP New York zone until 

placement at the intended destination. 

The point of departure will be 

determined each year prior to 

enforcement of the moving protection 

zone and the details will be released 

through a Broadcast Notice to Mariners. 

(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 § 100.35, 

entry into, transiting, or anchoring 

within the limited access area defined 

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 limited access areas 

established in this section must adhere 

to the following restrictions: 

(i) Area ALPHA access is limited to 

vessels greater than or equal to 20 

meters (65.6ft) in length. 

(ii) Area BRAVO access is limited to 

vessels less than 20 meters (65.6ft) in 

length. 

(iii) All vessels are prohibited from 

entering area CHARLIE without 

permission from the COTP or a 

designated representative. 

(iv) Area DELTA access is limited to 

vessels greater than or equal to 20 

meters (65.6ft) in length. 

(v) Area ECHO access is limited to 

vessels less than 20 meters (65.6ft) in 

length. 

(vi) All vessels are prohibited from 

entering the moving protection zone 

defined in paragraph (a)(6) of this 

section without permission from the 

COTP or a designated representative. 

(vii) Vessels desiring to utilize any of 

these limited access areas defined in 

paragraph (a) of this section must enter 

the area by 7:30 p.m. 

(3) During periods of enforcement all 

persons and vessels in the limited 

access areas defined in paragraph (a) of 

this section 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 

defined in paragraph (a) of this section 

should contact the COTP New York at 

(718) 354–4356 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 

defined in paragraph (a) of this section 

during the effective dates and times 

unless authorized by COTP New York or 

designated representative. 

(6) The COTP or a representative will 

inform the public through local notice 

to mariners and/or Broadcast Notices to 

Mariners of the enforcement period for 

the regulated area as well as any 

changes of the enforcement times. 

(d) Enforcement period. This section 

will be enforced annually on July 4, 

from 5:30 p.m. to 11:30 p.m. In the 

event the fireworks display is postponed 

due to inclement weather, this section 

will be enforced on July 5, from 5:30 

p.m. to 11:30 p.m. 

Dated: June 14, 2022. 

M.R. Sennick, 

Captain, U.S. Coast Guard, Acting, Captain 

of the Port New York. 

[FR Doc. 2022–13175 Filed 6–17–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket Number USCG–2020–0216] 

RIN 1625–AA01 

Anchorage Grounds; Cape Fear River 

Approach, North Carolina 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

the anchorage regulations for 

Lockwoods Folly Inlet, NC, and adjacent 

navigable waters, by establishing a new 

offshore anchorage, relocating the 

existing explosives anchorage, and 

amending the anchorage regulations. 

The purpose of this rule is to improve 

navigation and public safety by 

accommodating recent and anticipated 

future growth in cargo vessel traffic and 

vessel size that call on Military Ocean 

Terminal Sunny Point and the Port of 

Wilmington, North Carolina. 

DATES: This rule is effective July 21, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0216 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 

rulemaking, call or email Lieutenant 

Gregory Kennerley, Sector North 

Carolina, U.S. Coast Guard; telephone 

(910) 772–2230, email 

Gregory.M.Kennerley@uscg.mil; or Mr. 

Matthew Creelman, Waterways 

Management Branch, Fifth Coast Guard 

District, U.S. Coast Guard; telephone 

(757) 398–6230, email 

Matthew.K.Creelman2@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

SNPRM Supplemental Notice of proposed 

rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On May 8, 2020, the Coast Guard 

published a notice of inquiry in the 

Federal Register (85 FR 27343) to solicit 

public comments on whether we should 

initiate a rulemaking to establish an 

anchorage ground offshore in the 

approaches to the Cape Fear River, 

North Carolina, and relocate the existing 

Lockwood’s Folly Inlet explosives 

anchorage. After receiving favorable 

comments, the Coast Guard decided to 

propose the rulemaking. On August 17, 

2021, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

in Federal Register (86 FR 45936) and 

invited comments on our proposed 

anchorage. After considering comments 

made on the NPRM, the Coast Guard 

issued a supplemental notice of 

proposed rulemaking (SNPRM) in 

Federal Register (87 FR 17047) on 

March 25, 2022. There we stated why 

we issued the SNPRM and invited 

comments on our revised proposed 

anchorage regulation. During that 

comment period that ended April 25, 

2022, we received one comment. 

III. Legal Authority and Need for Rule 

The legal basis and authorities for this 

rule are found in 46 U.S.C.70006, 33 

CFR 1.05–1, DHS Delegation No. 0170.1, 

which collectively authorize the Coast 


jspears on DSK121TN23PROD with RULES1