Safety Zone; 2021 Barge Based Fireworks, Hudson River, Manhattan, NY, 60768-60770 [2021-23786]

Download as PDF 60768 Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations on a Coast Guard vessel, or a Federal, State, or local officer designated by or assisting the Captain of the Port San Francisco (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in Subpart C, 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) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP’s designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTP’s designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. Persons and vessels may request permission to enter the safety zone on VHF–21A or through the 24-hour Command Center at telephone (415) 399–3547. (d) Enforcement period. This section will be enforced from 8 a.m. until 2 p.m. on November 14, 2021, and from 8 a.m. until 2 p.m. on November 21, 2021, or until announced via broadcast notice to mariners. (e) Information broadcasts. The COTP or the COTP’s designated representative will notify the maritime community of periods during which this zone will be enforced in accordance with 33 CFR 165.7. [FR Doc. 2021–23895 Filed 11–3–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0767] RIN 1625–AA00 lotter on DSK11XQN23PROD with RULES1 Safety Zone; 2021 Barge Based Fireworks, Hudson River, Manhattan, NY Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for certain navigable waters within a 600 VerDate Sep<11>2014 16:17 Nov 03, 2021 Jkt 256001 If you have questions on this rule, call or email MST1 S. Stevenson, Waterways Management Division, U.S. Coast Guard; telephone 719–354–4000, email D01-SMB-SecNY-Waterways@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the 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 Dated: October 27, 2021. Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. SUMMARY: foot radius of the fireworks launch site which is located on the Hudson River, Manhattan, NY, in the vicinity of the Hudson River Park and Pier 76. This safety zone is needed to protect personnel, vessels, and the marine environment from the potential hazards during a fireworks display on November 18, 2021. Entry of vessels or persons into, transiting through, mooring, or anchoring within this zone are prohibited unless authorized by the Captain of the Port New York. DATES: This rule is effective from 9:30 p.m. through 11:30 p.m. on November 18, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0767 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ 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 final details for this event were not known to the Coast Guard until there was insufficient time to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be impracticable because it would inhibit the Coast Guard’s ability to PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 protect the public and vessels from the hazards associated with a barge based fireworks display. The expeditious implementation of this rule is in the public interest because it will help ensure the safety of those involved in displaying the fireworks, the spectators, and users of the waterway during the fireworks event. 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 zone must be established for the fireworks display on November 18, 2021, to mitigate the potential safety hazards associated with a fireworks display in this location. 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 New York (COTP) has determined that potential hazards associated with this fireworks display, on November 18, 2021, 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 display. IV. Discussion of the Rule This rule establishes a temporary safety zone on all navigable waters within a 600 foot radius of a barge located at approximate position 40°45′39.4″ N, 74°00′35.8″ W on the Hudson River, Manhattan, NY, in the vicinity of the Hudson River Park and Pier 76. No vessel or person will be permitted to enter the safety zone between 9:30 p.m. through 11:30 p.m. on November 18, 2021. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the fireworks display. No vessel or person will be permitted to enter the safety zone 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. E:\FR\FM\04NOR1.SGM 04NOR1 Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations 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 safety zone. This safety zone will restrict vessel traffic from entering or transiting within a 600 foot radius of the fireworks launch site which is located on the Hudson River, Manhattan, NY, in the vicinity of the Hudson River Park and Pier 76. The approximate position is 40°45′39.4″ N, 74°00′35.8″ W. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF– FM marine channel 16 about the zone, and the rule allows vessels to seek permission to enter the zone. Vessel traffic will be able to safely transit around the safety zone which would impact a small designated area of the Hudson River. Vessel traffic will only be restricted in the limited access area for two hours on November 18, 2021. 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. lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 16:17 Nov 03, 2021 Jkt 256001 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 60769 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 safety zone lasting only 2 hour that will prohibit entry within a 600 foot radius of the fireworks launch site. 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 will be 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 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. 2. Add § 165.T01–0767 to read as follows: ■ E:\FR\FM\04NOR1.SGM 04NOR1 60770 Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations § 165.T01–0767 Safety Zone; 2021 Barge Based Fireworks, Hudson River, Manhattan, NY. (a) Location. The safety zone will cover all navigable waters within a 600 foot radius of the fireworks launch site located on the Hudson River, Manhattan, NY, approximate position 40°45′39.4″ N, 4°00′35.8″ W, in the vicinity of the Hudson River Park and Pier 76. (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. (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 Designated Representative via VHF–FM Marine Channel 16 or by contacting the Coast Guard Sector New York command center at (718) 354–4356 or on VHF 16 to obtain permission. (d) Enforcement period. This rule will be enforced from 9:30 p.m. through 11:30 p.m. on November 18, 2021. (e) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notice to Mariners of any changes in the planned schedule. Dated: October 25, 2021. M. Sennick, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2021–23786 Filed 11–3–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 1 RIN 2900–AR39 lotter on DSK11XQN23PROD with RULES1 Department of Veterans Affairs. ACTION: Final rule. This document amends the Department of Veterans Affairs’ (VA) regulations governing the submission and processing of requests for SUMMARY: VerDate Sep<11>2014 16:17 Nov 03, 2021 Jkt 256001 redirection. Delay in updating the address would be contrary to the public interest because currently, individuals who seek information about VA’s FOIA program are directed to a nonfunctioning website. To facilitate public access to such information, VA is issuing this rule as a final rule without a comment period. Paperwork Reduction Act Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any year. This final rule would have no such effect on state, local, and tribal governments, or on the private sector. This document contains no provisions constituting a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501–3521). Regulatory Flexibility Act The Secretary of Veterans Affairs hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601–612. The provisions of this rulemaking only involve internal agency processes and no entities outside of VA. This final rule does not concern fees. Therefore, pursuant to 5 U.S.C. 605(b), the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do not apply. Administrative Procedure Act Release of Information From Department of Veterans Affairs’ Records AGENCY: information under the Freedom of Information Act (FOIA). DATES: This rule is effective December 6, 2021. FOR FURTHER INFORMATION CONTACT: Catherine Nachmann, Attorney, Office of General Counsel (024), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 461– 7742 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: On April 1, 2019, VA published a final rule in the Federal Register [84 FR 12122]. The final rule amended VA’s regulations pertaining to release of information under 5 U.S.C. 552 and implementation of the FOIA, codified at 38 CFR 1.550 through 1.562, and implemented amendments in the FOIA Improvement Act of 2016, Public Law 114–185, and those governing release of information from claimant records protected under the Privacy Act of 1974, namely 38 CFR 1.577(c) and (e) and 1.580. VA also amended the regulations to clarify sections as needed and streamline VA processes regarding release of information. VA is now revising its regulation at 38 CFR 1.552, General Provisions, to change VA FOIA Service’s website address. A Notice of Proposed Rulemaking is not required because no substantive changes are being proposed. The Secretary of Veterans Affairs finds that there is good cause under the provisions of 5 U.S.C. 553(b)(B) to publish this rule without prior opportunity for public comment. Publication as a final rule will allow individuals who want to access VA FOIA Service’s website to do so without delay or the additional effort required to access another website address after PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Office of Information and Regulatory Affairs has determined that this rule is not a significant regulatory action under Executive Order 12866. The Regulatory Impact Analysis associated with this rulemaking can be found as a supporting document at www.regulations.gov. Catalog of Federal Domestic Assistance There is no Catalog of Federal Domestic Assistance number for the program affected by this final rule. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). List of Subjects in 38 CFR Part 1 Administrative Practice and Procedure, Archives and Records, Cemeteries, Claims, Courts, Crime, Flags, Freedom of information, Government Contracts, Government Employees, Government Property, E:\FR\FM\04NOR1.SGM 04NOR1

Agencies

[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60768-60770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23786]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0767]
RIN 1625-AA00


Safety Zone; 2021 Barge Based Fireworks, Hudson River, Manhattan, 
NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters within a 600 foot radius of the fireworks 
launch site which is located on the Hudson River, Manhattan, NY, in the 
vicinity of the Hudson River Park and Pier 76. This safety zone is 
needed to protect personnel, vessels, and the marine environment from 
the potential hazards during a fireworks display on November 18, 2021. 
Entry of vessels or persons into, transiting through, mooring, or 
anchoring within this zone are prohibited unless authorized by the 
Captain of the Port New York.

DATES: This rule is effective from 9:30 p.m. through 11:30 p.m. on 
November 18, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0767 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 S. Stevenson, Waterways Management Division, U.S. 
Coast Guard; telephone 719-354-4000, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the 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 final details for this event were 
not known to the Coast Guard until there was insufficient time to 
publish an NPRM. Thus, delaying the effective date of this rule to wait 
for a comment period to run would be impracticable because it would 
inhibit the Coast Guard's ability to protect the public and vessels 
from the hazards associated with a barge based fireworks display. The 
expeditious implementation of this rule is in the public interest 
because it will help ensure the safety of those involved in displaying 
the fireworks, the spectators, and users of the waterway during the 
fireworks event.
    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 zone must be established for the fireworks display 
on November 18, 2021, to mitigate the potential safety hazards 
associated with a fireworks display in this location.

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 New York (COTP) 
has determined that potential hazards associated with this fireworks 
display, on November 18, 2021, 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 display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on all navigable 
waters within a 600 foot radius of a barge located at approximate 
position 40[deg]45'39.4'' N, 74[deg]00'35.8'' W on the Hudson River, 
Manhattan, NY, in the vicinity of the Hudson River Park and Pier 76. No 
vessel or person will be permitted to enter the safety zone between 
9:30 p.m. through 11:30 p.m. on November 18, 2021. The duration of the 
zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters during the fireworks display. No 
vessel or person will be permitted to enter the safety zone 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.

[[Page 60769]]

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 safety zone. This safety zone will restrict vessel 
traffic from entering or transiting within a 600 foot radius of the 
fireworks launch site which is located on the Hudson River, Manhattan, 
NY, in the vicinity of the Hudson River Park and Pier 76. The 
approximate position is 40[deg]45'39.4'' N, 74[deg]00'35.8'' W. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone, and the rule allows vessels to 
seek permission to enter the zone. Vessel traffic will be able to 
safely transit around the safety zone which would impact a small 
designated area of the Hudson River. Vessel traffic will only be 
restricted in the limited access area for two hours on November 18, 
2021. 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 a 
safety zone lasting only 2 hour that will prohibit entry within a 600 
foot radius of the fireworks launch site. 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 will be 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; 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.T01-0767 to read as follows:

[[Page 60770]]

Sec.  165.T01-0767  Safety Zone; 2021 Barge Based Fireworks, Hudson 
River, Manhattan, NY.

    (a) Location. The safety zone will cover all navigable waters 
within a 600 foot radius of the fireworks launch site located on the 
Hudson River, Manhattan, NY, approximate position 40[deg]45'39.4'' N, 
4[deg]00'35.8'' W, in the vicinity of the Hudson River Park and Pier 
76.
    (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.
    (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 
Designated Representative via VHF-FM Marine Channel 16 or by contacting 
the Coast Guard Sector New York command center at (718) 354-4356 or on 
VHF 16 to obtain permission.
    (d) Enforcement period. This rule will be enforced from 9:30 p.m. 
through 11:30 p.m. on November 18, 2021.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notice to Mariners of any 
changes in the planned schedule.

    Dated: October 25, 2021.
M. Sennick,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2021-23786 Filed 11-3-21; 8:45 am]
BILLING CODE 9110-04-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.