Special Local Regulation; Lower East River & New York Harbor 4th of July Fireworks, Manhattan, NY, 30268-30272 [2023-10070]
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Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Proposed Rules
Exposure; Building to the Federal Flood
Risk Management Standard,’’ which
would revise HUD’s regulations
governing floodplain management and
the protection of wetlands to implement
the Federal Flood Risk Management
Standard (FFRMS). The proposed rule
provided for a 60-day comment period,
which would have ended May 23, 2023.
HUD has determined that a 14-day
extension of the comment period, until
June 6, 2023, is appropriate. This
extension will allow interested persons
additional time to analyze the proposal
and prepare their comments.
DATES: The comment period for the
proposed rule published on March 24,
2023, at 88 FR 17755, is extended.
Comments should be received on or
before June 6, 2023.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed rule to the Regulations
Division, Office of General Counsel,
Department of Housing and Urban
Development, 451 7th Street SW, Room
10276, Washington, DC 20410–0500.
Communications must refer to the above
docket number and title. There are two
methods for submitting public
comments. All submissions must refer
to the above docket number and title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW, Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov website can be
viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the rule.
No Facsimile Comments: Facsimile
(FAX) comments are not acceptable.
Public Inspection of Comments. All
properly submitted comments and
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communications submitted to HUD will
be available for public inspection and
copying between 8 a.m. and 5 p.m.
weekdays at the above address. Due to
security measures at the HUD
Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at 202–402–
3055 (this is not a toll-free number).
HUD welcomes and is prepared to
receive calls from individuals who are
deaf or hard of hearing, as well as
individuals with communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs. Copies of all comments
submitted are available for inspection
and downloading at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kristin L. Fontenot, Director, Office of
Environment and Energy, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street SW, Room
7282, Washington, DC 20410–8000. For
inquiry by phone or email, contact
Lauren Hayes Knutson, Director,
Environmental Planning Division,
Office of Environment and Energy,
Office of Community Planning and
Development, at 202–402–4270 (this is
not a toll-free number), or email to:
EnvironmentalPlanningDivision@
hud.gov. For questions regarding the
Minimum Property Standards, contact
Elissa Saunders, Director, Office of
Single Family Program Development,
202–708–2121. HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech and communication disabilities.
To learn more about how to make an
accessible telephone call, please visit
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION: On March
24, 2023, at 88 FR 17755, HUD
published a notice of proposed
rulemaking entitled ‘‘Floodplain
Management and Protection of
Wetlands; Minimum Property Standards
for Flood Hazard Exposure; Building to
the Federal Flood Risk Management
Standard,’’ proposing to revise HUD’s
regulations governing floodplain
management and the protection of
wetlands to implement the Federal
Flood Risk Management Standard
(FFRMS). Consistent with Executive
Order 13690, ‘‘Establishing a Federal
Flood Risk Management Standard and a
Process for Further Soliciting and
Considering Stakeholder Input,’’ the
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rule proposes revisions to HUD’s
regulations to improve the resilience of
HUD-assisted or financed projects to the
effects of climate change and natural
disasters and provide for greater
flexibility in the use of HUD assistance
in floodways under certain
circumstances. Among other revisions,
the rule would provide a process for
determining the FFRMS Floodplain that
would establish a preference for the
climate-informed science approach
(CISA), and it would revise HUD’s
floodplain and wetland regulations to
streamline them, improve overall
clarity, and modernize standards. This
proposed rule would also revise HUD’s
Minimum Property Standards for oneto-four unit housing under HUD
mortgage insurance and under low-rent
public housing programs to require that
the lowest floor in both newly
constructed and substantially improved
structures located within the 1-percentannual-chance (100-year) floodplain be
built at least 2 feet above the base flood
elevation as determined by best
available information, and it would
revise a categorical exclusion when
HUD performs environmental reviews,
and update various HUD environmental
regulations to permit online posting of
public notices.
While the proposed rule had a 60-day
comment period, HUD has received
feedback from multiple commenters
requesting additional time to review and
provide comments on this rule.
Therefore, HUD is extending the
deadline for comments for an additional
14 days.
Aaron Santa Anna,
Associate General Counsel for Legislation and
Regulations.
[FR Doc. 2023–09930 Filed 5–10–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2023–0158]
RIN 1625–AA08
Special Local Regulation; Lower East
River & New York Harbor 4th of July
Fireworks, Manhattan, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposes
establishing a special local regulation on
the navigable waters of the lower East
SUMMARY:
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Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Proposed Rules
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
§ Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On February 9, 2023, the Coast Guard
received a request for the annual 4th of
July fireworks display to be held on the
Lower East River and in the New York
Harbor. The Captain of the Port New
York (COTP) has determined that this
event in close proximity to marine
traffic poses a significant risk to public
safety and property. The proposed
special local regulation mimics those
limited access areas established for 4th
of July in previous years. As in years
prior, a buffer zone will be set around
the barges and four viewing areas that
will separate vessels based on length.
Multiple firework displays will
commence simultaneously, producing a
relatively large fallout zone over the
East River when the East River and New
York Harbor experiences heavy vessel
congestion necessitating the need to
control of vessel movement immediately
before, during, and after this display.
The combination of multiple
simultaneous fireworks displays on the
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East River, where a significant increase
of recreational vessel traffic is
anticipated, has the potential to result in
serious injuries or fatalities. This
proposed rule would establish a buffer
zone around the barges in show position
and four separate viewing areas
separating vessels by size to protect the
safety of all waterway users, including
event participants and spectators. The
proposed rulemaking aims to ensure the
safety of participants, non-participants,
and transiting vessels on the navigable
waters near the fireworks display and
the spectator zone before, during, and
after the scheduled event. The Coast
Guard proposes this rulemaking under
the authority of 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The Coast Guard proposes
establishing a special local regulation
subject to enforcement annually from
5:30 through 11:30 p.m. on July 4 or July
5. This special local regulation creates
five regulated areas: a buffer zone
around each firework display barge and
four viewing areas. As shown in the
illustration below, the buffer zone, area
‘‘C’’, will exclude all nonparticipating
vessels from the area surrounding the
barges immediately before, during, and
after the display. The four separate
viewing areas, areas ‘‘A’’, ‘‘B’’, ‘‘D’’, and
‘‘E’’, will separate vessels based on the
vessel’s length.
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ddrumheller on DSK120RN23PROD with PROPOSALS1
River and New York Harbor, NY, for
vessel management for the annual 4th of
July fireworks display. This special
local regulation allows the Coast Guard
to control vessel movement and prohibit
all vessel traffic from entering the
fireworks barge buffer zone, and
establish four separate viewing areas.
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. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 12, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0158 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Marine
Science Technician First Class Ian Rose,
Waterways Management Division, U.S.
Coast Guard; telephone 718–354–2250,
email D01-SMB-SecNY-Waterways@
uscg.mil.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Proposed Rules
The duration of the enforcement times
is intended to ensure the safety of
vessels, participants, spectators, and
those transiting the area during the
fireworks display. Navigation rules, 33
CFR part 83, will 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 onscene designated representatives.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
A summary of our analysis based on
these statutes and Executive Orders
follows.
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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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this proposed rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the special local regulation’s
size, location, and duration. In addition,
although this rule restricts access to the
waters encompassed by the special local
regulation, the effect of this rule will not
be significant because the local
waterway users will be notified in
advance via a public Broadcast Notice to
Mariners and Local Notice to Mariners.
The entities most likely affected are
commercial vessels and pleasure crafts
engaged in recreational activities.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
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vessel owner or operator. The maritime
public will be advised in advance of this
special local regulation via Broadcast
Notice to Mariners and Local Notice to
Mariners.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed 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.
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. If the
proposed 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. 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.
C. 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).
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 proposed 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 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves a regulated area lasting six
hours or less that would limit persons
or vessels from transiting a portion of
the lower East River and New York
Harbor during the scheduled event.
Normally such actions are categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. We seek any comments
or information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
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applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0158. in the search box
and click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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 proposes to
amend 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–
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1.
■
2. Add § 100.111 to read as follows:
§ 100.111 Lower East River and New York
Harbor 4th of July Fireworks, 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 bound by a line
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connecting the following coordinates:
from 40°42′46″ N 73°58′34″ W (near
Grand St. Manhattan), to 40°42′38″ N
73°58′12″ W, along the shore to
40°42′22″ N, 073°58′45″ W (near Little
Street, Brooklyn, NY), to 40°42′37″ N,
073°58′50″ W (the corner of Pier 42,
Manhattan, NY), then along the
shoreline back to the point of origin.
(2) Area BRAVO: All navigable waters
of the East River bound by a line
connecting the following points: from
40°42′37″ N, 073°58′50″ W (near Pier 42,
Manhattan, NY), to 40°42′22″ N,
073°58′45″ W (near Little Street,
Brooklyn, NY), along the shore to
40°42′19″ N 73°59′15″ W (near Pearl
Street, Brooklyn, NY), to 40°42′33″ N
73°59′18″ W (near Jefferson Street,
Manhattan, NY) then along the
shoreline to the point of origin.
(3) Area CHARLIE: All navigable
waters of the East River bound by a line
connecting the following points:
beginning at 40°42′33″ N 73°59′18″ W
(near Jefferson Street, Manhattan, NY),
to 40°42′19″ N 73°59′15″ W (near Pearl
Street, Brooklyn, NY), along the shore to
40°41′28″ N 74°00′19″ W (Pier 8,
Brooklyn, NY), to 40°41′34.728″ N
74°00′54″ W (near Governors Island
Ferry Slip), to 40°42′03″ N 74°00′55″ W
(near Battery Park, Manhattan, NY),
then along the shoreline back to the
point of origin.
(4) Area DELTA: All navigable waters
of the East River bound by a line
connecting the following points from
40°42′03″ N 74°00′55″ W (near Battery
Park, Manhattan, NY), to 40°41′35″ N
74°00′54″ W (near the Governors Island
Ferry Slip), along the shoreline of
Governors Island to 40°41′09″ N
74°01′36″ W, then north to 40°42′03″ N,
074°01′40″ W, then back to the point of
origin.
(5) Area ECHO: All navigable waters
of the East River bound by a line
connecting the following points
beginning at 40°41′34″ N, 74°0′51″ W
(near Governors Island) to 40°41′28″ N
74°00′19″ W (Pier 8, Brooklyn, NY), to
40°40′44″ N 74°01′10″ W (Red Hook), to
40°41′03″ N 74°01′32″ W, then along the
shore back to the point of origin.
(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
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30271
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 regulated areas described 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 regulated areas established
by this section must adhere to the
following restrictions:
(i) Area ALPHA access is limited to
vessels less-than or equal to 20 meters
(65.6 ft) in length.
(ii) Area BRAVO access is limited to
vessels over 20 meters (65.6 ft) in
length.
(iii) All vessels are prohibited from
entering area CHARLIE without
permission from the COTP or a
designated representative after 6 p.m.
Commercial passenger vessels that need
to transit through the Charlie Section
enroute to their designated viewing
areas must receive authorization from
the Coast Guard Patrol Commander.
Commercial passenger vessels must pass
as close to the pierhead as possible and
must transit through the zone no later
than 7:30 p.m. Vessels must operate at
the minimum speed necessary to
maintain safe course while crossing
through the Charlie Section and take all
direction that may be provided by the
Coast Guard.
(iv) Area DELTA access is limited to
vessels over 20 meters (65.6 ft) in
length.
(v) Area ECHO access is limited to
vessels less-than or equal to 20 meters
(65.6 ft) in length.
(vi) Vessels desiring to utilize any of
these limited access areas must enter the
area by 7:30 p.m.
(3) During periods of enforcement all
persons and vessels in the limited
access areas 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
should contact the COTP New York at
718–354–4088 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
during the effective dates and times
unless authorized by COTP New York or
designated representative.
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(6) The COTP or a representative will
inform the public through local notice
to mariners. Broadcast Notices to
Mariners, or both, of the enforcement
period for the regulated area as well as
any changes of the enforcement times.
(d) Enforcement periods. This section
will be subject to enforcement annually
from 5:30 through 11:30 p.m. on July 4.
In the event the fireworks display is
postponed due to inclement weather or
other causes, this section will be
enforced annually from 5:30 to 11:30
p.m. on July 5.
Dated: May 4, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2023–10070 Filed 5–10–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230505–0123]
RIN 0648–BM18
Pacific Halibut Fisheries; Catch
Sharing Plan; Rulemaking To Modify
the 2023–2027 Halibut Individual
Fishing Quota (IFQ) Vessel Harvest
Limitations in IFQ Regulatory Areas
4A, 4B, 4C, and 4D
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS issues this proposed
rule to revise regulations for the
commercial individual fishing quota
(IFQ) Pacific halibut (halibut) fisheries
for 2023 through 2027. This proposed
rule would remove limits on the
maximum amount of halibut IFQ that
may be harvested by a vessel, commonly
known as vessel use caps, in IFQ
Regulatory Areas 4A (Eastern Aleutian
Islands), 4B (Central and Western
Aleutian Islands), 4C (Central Bering
Sea), and 4D (Eastern Bering Sea). This
action is needed to continue to provide
additional flexibility and stability to IFQ
participants in Areas 4A, 4B, 4C, and 4D
while a longer term modification of
vessel use caps is considered. This
action is intended to promote the goals
and objectives of the IFQ Program, the
Northern Pacific Halibut Act of 1982
(Halibut Act), and other applicable laws.
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
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Submit comments on or before
June 12, 2023.
ADDRESSES: You may submit comments
on this document, identified by FDMS
Docket number NOAA–NMFS–2023–
0055, by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0055 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Gretchen Harrington, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS. Mail
comments to P.O. Box 21668, Juneau,
AK 99802–1668.
• Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the Categorical
Exclusion and the Regulatory Impact
Review (RIR) (herein referred to as the
‘‘Analysis’’) prepared for this action are
available from www.regulations.gov or
from the NMFS Alaska Region website
at https://www.fisheries.noaa.gov/
region/alaska.
FOR FURTHER INFORMATION CONTACT:
Alicia M. Miller, 907–586–7228.
SUPPLEMENTARY INFORMATION:
DATES:
Authority for Action
The International Pacific Halibut
Commission (IPHC) promulgates
regulations governing the North Pacific
halibut fishery under the Convention
between the United States and Canada
for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean
and Bering Sea (Convention). The
IPHC’s regulations are subject to
approval by the Secretary of State with
the concurrence of the Secretary of
Commerce. NMFS publishes the IPHC’s
regulations as annual management
measures pursuant to 50 CFR 300.62.
The 2023 IPHC annual management
measures published on March 7, 2023
(88 FR 14066).
The Halibut Act, 16 U.S.C. 773c(a)–
(b), provides the Secretary of Commerce
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
with general responsibility for carrying
out the Convention and the Halibut Act,
including the authority to adopt
regulations necessary to carry out the
purposes and objectives of the
Convention. The Halibut Act, 16 U.S.C.
773c(c), also provides the North Pacific
Fishery Management Council (Council)
with authority to develop regulations,
including limited access regulations,
that are in addition to, and not in
conflict with, IPHC regulations.
Regulations the Council recommends
may be implemented by NMFS only
after approval by the Secretary of
Commerce.
The Council has exercised its
authority to develop halibut
management programs for the
subsistence, sport, and commercial
halibut fisheries. The Secretary of
Commerce exercised authority to
implement the commercial IFQ halibut
fishery management program, also
known as ‘‘the IFQ Program’’ (58 FR
59375, November 9, 1993). The IFQ
Program for the halibut fishery is
implemented by Federal regulations at
50 CFR part 679.
The halibut IFQ fishery is managed in
specific areas defined by the IPHC.
These IFQ regulatory areas are: Area 2A
(California, Oregon, and Washington);
Area 2B (British Columbia); Area 2C
(Southeast Alaska), Area 3A (Central
Gulf of Alaska), Area 3B (Western Gulf
of Alaska), and Area 4 (subdivided into
five Areas, 4A through 4E, in the Bering
Sea and Aleutian Islands of Western
Alaska). These Areas are described in
Figure 15 to 50 CFR part 679. The
halibut IFQ fishery is limited to persons
holding quota share (QS). There are also
limits—commonly known as ‘‘vessel use
caps’’—on how much halibut IFQ a
vessel may harvest each year in Areas
2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E.
Throughout this preamble, the term
vessel use cap refers to regulations
applicable to the halibut IFQ fishery
(section 679.42(h)(1)).
As relevant to this action, a
Community Quota Entity (CQE) is
authorized to hold halibut QS in Area
4B. Halibut IFQ derived from QS held
by a CQE is subject to vessel use caps
(section 679.42(h)(1)(ii)). NMFS also
allocates halibut to the Western Alaska
Community Development Quota (CDQ
Program) in Areas 4B, 4C, 4D, and 4E
(section 679.31(a)(2)), but those
allocations are not subject to a vessel
use cap and are not affected by this
rulemaking.
Background
This proposed rule would implement
regulations to temporarily remove vessel
use caps in Areas 4A, 4B, 4C, and 4D
E:\FR\FM\11MYP1.SGM
11MYP1
]]>Agencies
[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Proposed Rules]
[Pages 30268-30272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10070]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0158]
RIN 1625-AA08
Special Local Regulation; Lower East River & New York Harbor 4th
of July Fireworks, Manhattan, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposes establishing a special local
regulation on the navigable waters of the lower East
[[Page 30269]]
River and New York Harbor, NY, for vessel management for the annual 4th
of July fireworks display. This special local regulation allows the
Coast Guard to control vessel movement and prohibit all vessel traffic
from entering the fireworks barge buffer zone, and establish four
separate viewing areas. 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. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 12, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0158 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician First
Class Ian Rose, Waterways Management Division, U.S. Coast Guard;
telephone 718-354-2250, email [email protected].
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
LLNR Light List Number
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 9, 2023, the Coast Guard received a request for the
annual 4th of July fireworks display to be held on the Lower East River
and in the New York Harbor. The Captain of the Port New York (COTP) has
determined that this event in close proximity to marine traffic poses a
significant risk to public safety and property. The proposed special
local regulation mimics those limited access areas established for 4th
of July in previous years. As in years prior, a buffer zone will be set
around the barges and four viewing areas that will separate vessels
based on length. Multiple firework displays will commence
simultaneously, producing a relatively large fallout zone over the East
River when the East River and New York Harbor experiences heavy vessel
congestion necessitating the need to control of vessel movement
immediately before, during, and after this display.
The combination of multiple simultaneous fireworks displays on the
East River, where a significant increase of recreational vessel traffic
is anticipated, has the potential to result in serious injuries or
fatalities. This proposed rule would establish a buffer zone around the
barges in show position and four separate viewing areas separating
vessels by size to protect the safety of all waterway users, including
event participants and spectators. The proposed rulemaking aims to
ensure the safety of participants, non-participants, and transiting
vessels on the navigable waters near the fireworks display and the
spectator zone before, during, and after the scheduled event. The Coast
Guard proposes this rulemaking under the authority of 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The Coast Guard proposes establishing a special local regulation
subject to enforcement annually from 5:30 through 11:30 p.m. on July 4
or July 5. This special local regulation creates five regulated areas:
a buffer zone around each firework display barge and four viewing
areas. As shown in the illustration below, the buffer zone, area ``C'',
will exclude all nonparticipating vessels from the area surrounding the
barges immediately before, during, and after the display. The four
separate viewing areas, areas ``A'', ``B'', ``D'', and ``E'', will
separate vessels based on the vessel's length.
[GRAPHIC] [TIFF OMITTED] TP11MY23.012
[[Page 30270]]
The duration of the enforcement times is intended to ensure the
safety of vessels, participants, spectators, and those transiting the
area during the fireworks display. Navigation rules, 33 CFR part 83,
will 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.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. A summary of our analysis
based on these statutes and Executive Orders follows.
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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
proposed rule has not been reviewed by the Office of Management and
Budget (OMB).
This regulatory action determination is based on the special local
regulation's size, location, and duration. In addition, although this
rule restricts access to the waters encompassed by the special local
regulation, the effect of this rule will not be significant because the
local waterway users will be notified in advance via a public Broadcast
Notice to Mariners and Local Notice to Mariners. The entities most
likely affected are commercial vessels and pleasure crafts engaged in
recreational activities.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator. The maritime public will be
advised in advance of this special local regulation via Broadcast
Notice to Mariners and Local Notice to Mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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. If the proposed 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. 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.
C. 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).
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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a
regulated area lasting six hours or less that would limit persons or
vessels from transiting a portion of the lower East River and New York
Harbor during the scheduled event. Normally such actions are
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment
[[Page 30271]]
applies, and provide a reason for each suggestion or recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0158. in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.111 to read as follows:
Sec. 100.111 Lower East River and New York Harbor 4th of July
Fireworks, 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 bound by a
line connecting the following coordinates: from 40[deg]42'46'' N
73[deg]58'34'' W (near Grand St. Manhattan), to 40[deg]42'38'' N
73[deg]58'12'' W, along the shore to 40[deg]42'22'' N, 073[deg]58'45''
W (near Little Street, Brooklyn, NY), to 40[deg]42'37'' N,
073[deg]58'50'' W (the corner of Pier 42, Manhattan, NY), then along
the shoreline back to the point of origin.
(2) Area BRAVO: All navigable waters of the East River bound by a
line connecting the following points: from 40[deg]42'37'' N,
073[deg]58'50'' W (near Pier 42, Manhattan, NY), to 40[deg]42'22'' N,
073[deg]58'45'' W (near Little Street, Brooklyn, NY), along the shore
to 40[deg]42'19'' N 73[deg]59'15'' W (near Pearl Street, Brooklyn, NY),
to 40[deg]42'33'' N 73[deg]59'18'' W (near Jefferson Street, Manhattan,
NY) then along the shoreline to the point of origin.
(3) Area CHARLIE: All navigable waters of the East River bound by a
line connecting the following points: beginning at 40[deg]42'33'' N
73[deg]59'18'' W (near Jefferson Street, Manhattan, NY), to
40[deg]42'19'' N 73[deg]59'15'' W (near Pearl Street, Brooklyn, NY),
along the shore to 40[deg]41'28'' N 74[deg]00'19'' W (Pier 8, Brooklyn,
NY), to 40[deg]41'34.728'' N 74[deg]00'54'' W (near Governors Island
Ferry Slip), to 40[deg]42'03'' N 74[deg]00'55'' W (near Battery Park,
Manhattan, NY), then along the shoreline back to the point of origin.
(4) Area DELTA: All navigable waters of the East River bound by a
line connecting the following points from 40[deg]42'03'' N
74[deg]00'55'' W (near Battery Park, Manhattan, NY), to 40[deg]41'35''
N 74[deg]00'54'' W (near the Governors Island Ferry Slip), along the
shoreline of Governors Island to 40[deg]41'09'' N 74[deg]01'36'' W,
then north to 40[deg]42'03'' N, 074[deg]01'40'' W, then back to the
point of origin.
(5) Area ECHO: All navigable waters of the East River bound by a
line connecting the following points beginning at 40[deg]41'34'' N,
74[deg]0'51'' W (near Governors Island) to 40[deg]41'28'' N
74[deg]00'19'' W (Pier 8, Brooklyn, NY), to 40[deg]40'44'' N
74[deg]01'10'' W (Red Hook), to 40[deg]41'03'' N 74[deg]01'32'' W, then
along the shore back to the point of origin.
(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 Sec. 100.35, entry into, transiting, or anchoring
within the regulated areas described 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 regulated areas established by this section
must adhere to the following restrictions:
(i) Area ALPHA access is limited to vessels less-than or equal to
20 meters (65.6 ft) in length.
(ii) Area BRAVO access is limited to vessels over 20 meters (65.6
ft) in length.
(iii) All vessels are prohibited from entering area CHARLIE without
permission from the COTP or a designated representative after 6 p.m.
Commercial passenger vessels that need to transit through the Charlie
Section enroute to their designated viewing areas must receive
authorization from the Coast Guard Patrol Commander. Commercial
passenger vessels must pass as close to the pierhead as possible and
must transit through the zone no later than 7:30 p.m. Vessels must
operate at the minimum speed necessary to maintain safe course while
crossing through the Charlie Section and take all direction that may be
provided by the Coast Guard.
(iv) Area DELTA access is limited to vessels over 20 meters (65.6
ft) in length.
(v) Area ECHO access is limited to vessels less-than or equal to 20
meters (65.6 ft) in length.
(vi) Vessels desiring to utilize any of these limited access areas
must enter the area by 7:30 p.m.
(3) During periods of enforcement all persons and vessels in the
limited access areas 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 should contact the COTP New York at 718-354-4088 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 during the effective dates and times unless
authorized by COTP New York or designated representative.
[[Page 30272]]
(6) The COTP or a representative will inform the public through
local notice to mariners. Broadcast Notices to Mariners, or both, of
the enforcement period for the regulated area as well as any changes of
the enforcement times.
(d) Enforcement periods. This section will be subject to
enforcement annually from 5:30 through 11:30 p.m. on July 4. In the
event the fireworks display is postponed due to inclement weather or
other causes, this section will be enforced annually from 5:30 to 11:30
p.m. on July 5.
Dated: May 4, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-10070 Filed 5-10-23; 8:45 am]
BILLING CODE 9110-04-P
