Safety Zones; Aerial Drone Displays, Hudson and East Rivers, New York, NY, 68102-68104 [2024-18865]
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Rules and Regulations
6, 2023), and proved to be a very good
temporary location for moving the coral
nursery stock given that there was
double the survivorship of nursery coral
relocated to this deeper water site as
compared to nursery coral that
remained at inshore, shallow sites. It is
approximately five miles southeast of
the community of Tavernier, on the
island of Key Largo.
2. Marathon Special Use Area
(Temporary)
The second area is located within
Federal open waters of the Atlantic
Ocean, approximately four miles
offshore from the City of Key Colony
Beach/Marathon.
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3. Looe Key Special Use Area
(Temporary)
The third area is located within
Federal open waters of the Atlantic
Ocean, approximately 6.5 miles offshore
from Summerland Key. Looe Key
Special Use Area includes within its
boundary one mooring buoy that is used
by private individuals or diving and
fishing charter operators, which is
unavailable for these uses while the
temporary special use area restrictions
are in place. This is one of 47 total
mooring buoys in the vicinity of Looe
Key, representing 2% of the total
mooring buoy availability in this area
(or 0.22% of all mooring buoys available
throughout the sanctuary). Currently
within this area anchoring is prohibited
on living coral other than hardbottom in
water depths less than 40 feet when
visibility is such that the seabed can be
seen (15 CFR 922.163(a)(5)(ii)), and in
Looe Key Sanctuary Preservation Area,
anchoring is prohibited if a mooring
buoy is available or if conducted
anywhere other than a designated
anchoring area when such areas have
been designated and are available (15
CFR 922.164(d)(1)(vi)).
Penalties
Pursuant to 16 U.S.C. 1437(d)(1) and
15 CFR 922.8(a), any person who
violates this rule is subject to a civil
penalty. The maximum civil monetary
penalty authorized under the National
Marine Sanctuaries Act (NMSA) has
been adjusted for inflation over time
and is currently $216,972 per violation
per day. See 15 CFR 6.3(f)(13).
Furthermore, NMSA authorizes a
proceeding in rem against any vessel
used in violation of this regulation. See
16 U.S.C. 1437(d)(3).
Classification
A. National Marine Sanctuaries Act
This action is issued pursuant to the
National Marine Sanctuaries Act, 16
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16:00 Aug 22, 2024
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U.S.C. 1431 et seq. and implementing
regulations at 15 CFR part 922. This
action is being taken pursuant to the
emergency provision of the Florida Keys
National Marine Sanctuary regulations
at 15 CFR 922.164(e) and 922.165.
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0225 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
B. Administrative Procedure Act
In the interim final rule, 89 FR 53483,
the Assistant Administrator of the
National Ocean Service, NOAA, found
good cause to waive notice and public
comment pursuant to 5 U.S.C.
553(b)(3)(B) and make the rule
immediately effective under 5 U.S.C.
553(d)(3), as it would be impracticable
and contrary to the public interest to
delay taking the emergency measure to
protect corals that were relocated due to
heat stress to deeper, cooler waters.
NOAA invited comments for 30 days
(until July 29, 2024) following
publication of the interim final rule. The
interim final rule authorized one 60-day
extension of the special use area, which
we hereby invoke.
FOR FURTHER INFORMATION CONTACT:
Authority: 16 U.S.C. 1431 et seq.
John Armor,
Director, Office of National Marine
Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2024–18844 Filed 8–22–24; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0225]
RIN 1625–AA00
Safety Zones; Aerial Drone Displays,
Hudson and East Rivers, New York, NY
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing specific areas of the
Hudson and East Rivers where safety
zones will be enforced on the navigable
waters beneath aerial drone shows. This
action is necessary to protect personnel,
vessels, and the marine environment
from potential hazards created by aerial
drone displays. This final rule would
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port Sector New York
or a designated representative.
DATES: This rule is effective September
23, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
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If
you have questions about this rule, call
or email MST1 Melanie Hughes, Sector
New York Waterways Management
Division, U.S. Coast Guard; 718–354–
4352, 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
From November 2022 until June 2024,
U.S. Coast Guard Sector New York
received 13 requests for aerial drones
displays within the Captain of The
Port’s (COTP) area of responsibility. Of
those 13 requests, 10 have either taken
place or were planned to take place in
areas above the Hudson and East Rivers.
In all cases, the sponsors of the drone
displays requested safety zones beneath
the drones’ flight path. The request for
safety zones is driven by Federal
Aviation Administration (FAA)
regulation that drones cannot safely fly
over human beings. It is becoming
increasingly more common to hold
aerial drone displays over the water to
reduce the number of occupants
immediately below a drone show. In
response, on May 24, 2024, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zones;
Aerial Drone Displays, Hudson and East
Rivers, New York, NY (89 FR 45803).
There we stated why we issued the
NPRM and invited comments on our
proposed regulatory action related to
this rule. During the comment period
that ended June 24, 2024, we received
three comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP New York has determined the
potential hazards associated with drone
shows to be a safety concern for anyone
directly underneath the flight path of
aerial drone displays. The purpose of
this rule is to ensure the safety of
human life and vessels on the navigable
waters of the Hudson and East Rivers
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while a drone show is taking place
overhead.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received three
comments; one was submitted directly
to the docket and the other two were
emailed to the Coast Guard point of
contact referenced in the FOR FURTHER
INFORMATION CONTACT section and have
since been added to the docket, on our
NPRM published May 24, 2024.
Although we received three comments,
there are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
One commenter asked whether a
barge would be allowed to remain in
place while a safety zone is being
enforced. The commenter stated that
removing a barge would entail
additional costs if it were required to
move. The rule allows entry and
occupancy in the designated safety zone
by contacting 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. Such requests
as the commenter presents will be
considered on a case-by-case basis with
regards to the safety of the event and
users of the waterway. Additionally,
Zones 1 and 2 occur within areas
monitored by the Coast Guard’s Vessel
Traffic Center, who will ensure
adequate notice and predictability in the
waters through coordination of vessel
movements and dissemination of
information.
One commenter inquired about a
scenario where the City of New York
would need to pass through a closed
safety zone in order to inspect and/or
repair a location that is deemed an
emergency and whether they would be
given special permission to do so. This
rule allows all vessels, not just those
operated by the City of New York, to
seek permission to enter the zone if
necessary. The COTP can grant access
on a case-by-case basis into the
regulated area. To seek access into a
safety zone, you may contact the Sector
New York Command Center at 718–
354–4356 or use VHF channel 13 or 16.
Additionally, the Coast Guard
anticipates any enforcement of a
regulated area to be of a short duration
(while drones are in flight, typically
between 10–20 minutes at a time) and
impact a small, designated area of the
waterway. In many cases, vessels can
safely transit around the safety zone.
The areas designated as Zone 1 (Hudson
River) and Zone 2 (East River) will not
be enforced in their entirety, rather, a
smaller portion of the zone will be
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enforced to cover all waters beneath the
drone’s flight path. The Coast Guard
anticipates, on average, that these safety
zones would only cover the waters
within a 200-yard radius of the aerial
drone display. However, safety zones
could be established up to a radius of
500-yards from the aerial drone display.
One commenter requested to know if
Pier 89 and Pier 90, near the Intrepid
Museum (Pier 86), on the Hudson River
were included in Zone 1 (Hudson
River). Zone 1 (Hudson River) covers all
waters of the Hudson River extending
from lower Manhattan (Staten Island
Ferry, Whitehall terminal) north to Pier
99.
This rule establishes designated zones
on the Hudson and East Rivers in which
a safety zone radius up to 500-yards will
be established for aerial drone displays.
The establishment of a safety zone
within a designated zone requires the
coordinates defining the center of the
safety zone to be within the boundaries
of one of the zones.
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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the ability of other waterway
users to safely transit around the safety
zones in many cases, and the size and
duration of the safety zones will impact
a small, designated area of the waterway
for a relatively short period of time.
Moreover, the Coast Guard will notify
mariners of the enforcement via marine
broadcasts, local notice to mariners,
local news media, distribution in leaflet
form, or by an on-scene oral notice as
appropriate. The rule will also allow
vessels to seek permission to enter the
zone if necessary.
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68103
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 received no comments
from the Small Business Administration
on this rulemaking. 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
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Rules and Regulations
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.
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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 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
designating areas on the Hudson and
East Rivers where safety zones can be
established underneath drone shows. It
is categorically excluded from further
review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
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16:00 Aug 22, 2024
Jkt 262001
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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
■
2. Add § 165.166 to read as follows:
§ 165.166 Safety Zones; Coast Guard
Captain of the Port New York Zone Drone
Displays.
(a) Locations. The following areas are
designated zones in which a safety zone
with a radius up to 500-yards will be
established for drone shows. The
establishment of a safety zone within a
designated zone requires the
coordinates defining the center of the
safety zone to be within the boundaries
of one of the zones described as follows:
(1) Hudson River Zone 1: All waters
of the Hudson River to include Morris
Canal Basin in the vicinity of lower
Manhattan, from surface to bottom,
encompassed by a line connecting the
following points beginning at
40°42′20.9″ N, 74°02′05.7″ W; traveling
north along the shoreline thence to
40°46′41.1″ N, 74°00′30.4″ W; thence to
40°46′22.2″ N, 73°59′38.3″ W; traveling
south along the shoreline thence to
40°42′02.0″ N, 74°00′51.1″ W; and back
to the point of origin.
(2) East River Zone 2: All waters of
the East River in the vicinity of lower
Manhattan, from surface to bottom,
encompassed by a line connecting the
following points beginning at
40°42′01.6″ N, 74°00′48.7″ W; traveling
north along the shoreline thence to
40°46′38.0″ N, 73°56′31.6″ W; thence to
40°46′33.2″N, 73°56′13.4″ W; traveling
south along the shoreline thence to
40°44′17.2″ N, 73°57′38.7″ W; thence to
40°44′11.6″ N, 73°57′37.0″ W;
continuing south along the shoreline
thence to 40°41′35.7″ N, 74°00′14.3″ W;
and back to the point of origin. These
coordinates are based on Datum WGS
84.
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(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 Zone
in the enforcement of the safety zone.
Official Patrol Vessels means any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels
assigned as an on-scene representative
approved by the COTP.
Spectators means all persons and
vessels not registered with the event
sponsor as participants or official patrol
vessels.
(c) Regulations. (1) When enforced,
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 the
designated safety zone, 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. Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the COTP’s designated
representative.
(d) Enforcement periods. The COTP
will make notification of the exact dates
and times in advance of each
enforcement period for the locations
above in paragraph (a) of this section to
the local maritime community through
marine broadcasts, local notice to
mariners, local news media, distribution
in leaflet form, or by an on-scene oral
notice and signage.
Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the
Port, Sector New York.
[FR Doc. 2024–18865 Filed 8–22–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–0748]
Safety and Security Zone; Lake
Michigan at Chicago Harbor &
Burnham Park Harbor
AGENCY:
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Coast Guard, DHS.
23AUR1
]]>Agencies
[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68102-68104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18865]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0225]
RIN 1625-AA00
Safety Zones; Aerial Drone Displays, Hudson and East Rivers, New
York, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing specific areas of the Hudson
and East Rivers where safety zones will be enforced on the navigable
waters beneath aerial drone shows. This action is necessary to protect
personnel, vessels, and the marine environment from potential hazards
created by aerial drone displays. This final rule would prohibit
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Sector New York or a designated representative.
DATES: This rule is effective September 23, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0225 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 rule,
call or email MST1 Melanie Hughes, Sector New York Waterways Management
Division, U.S. Coast Guard; 718-354-4352, [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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
From November 2022 until June 2024, U.S. Coast Guard Sector New
York received 13 requests for aerial drones displays within the Captain
of The Port's (COTP) area of responsibility. Of those 13 requests, 10
have either taken place or were planned to take place in areas above
the Hudson and East Rivers. In all cases, the sponsors of the drone
displays requested safety zones beneath the drones' flight path. The
request for safety zones is driven by Federal Aviation Administration
(FAA) regulation that drones cannot safely fly over human beings. It is
becoming increasingly more common to hold aerial drone displays over
the water to reduce the number of occupants immediately below a drone
show. In response, on May 24, 2024, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zones; Aerial Drone
Displays, Hudson and East Rivers, New York, NY (89 FR 45803). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this rule. During the comment period that
ended June 24, 2024, we received three comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP New York has determined the potential hazards
associated with drone shows to be a safety concern for anyone directly
underneath the flight path of aerial drone displays. The purpose of
this rule is to ensure the safety of human life and vessels on the
navigable waters of the Hudson and East Rivers
[[Page 68103]]
while a drone show is taking place overhead.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received three comments; one was submitted
directly to the docket and the other two were emailed to the Coast
Guard point of contact referenced in the FOR FURTHER INFORMATION
CONTACT section and have since been added to the docket, on our NPRM
published May 24, 2024. Although we received three comments, there are
no changes in the regulatory text of this rule from the proposed rule
in the NPRM.
One commenter asked whether a barge would be allowed to remain in
place while a safety zone is being enforced. The commenter stated that
removing a barge would entail additional costs if it were required to
move. The rule allows entry and occupancy in the designated safety zone
by contacting 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. Such requests as the commenter presents
will be considered on a case-by-case basis with regards to the safety
of the event and users of the waterway. Additionally, Zones 1 and 2
occur within areas monitored by the Coast Guard's Vessel Traffic
Center, who will ensure adequate notice and predictability in the
waters through coordination of vessel movements and dissemination of
information.
One commenter inquired about a scenario where the City of New York
would need to pass through a closed safety zone in order to inspect
and/or repair a location that is deemed an emergency and whether they
would be given special permission to do so. This rule allows all
vessels, not just those operated by the City of New York, to seek
permission to enter the zone if necessary. The COTP can grant access on
a case-by-case basis into the regulated area. To seek access into a
safety zone, you may contact the Sector New York Command Center at 718-
354-4356 or use VHF channel 13 or 16. Additionally, the Coast Guard
anticipates any enforcement of a regulated area to be of a short
duration (while drones are in flight, typically between 10-20 minutes
at a time) and impact a small, designated area of the waterway. In many
cases, vessels can safely transit around the safety zone. The areas
designated as Zone 1 (Hudson River) and Zone 2 (East River) will not be
enforced in their entirety, rather, a smaller portion of the zone will
be enforced to cover all waters beneath the drone's flight path. The
Coast Guard anticipates, on average, that these safety zones would only
cover the waters within a 200-yard radius of the aerial drone display.
However, safety zones could be established up to a radius of 500-yards
from the aerial drone display.
One commenter requested to know if Pier 89 and Pier 90, near the
Intrepid Museum (Pier 86), on the Hudson River were included in Zone 1
(Hudson River). Zone 1 (Hudson River) covers all waters of the Hudson
River extending from lower Manhattan (Staten Island Ferry, Whitehall
terminal) north to Pier 99.
This rule establishes designated zones on the Hudson and East
Rivers in which a safety zone radius up to 500-yards will be
established for aerial drone displays. The establishment of a safety
zone within a designated zone requires the coordinates defining the
center of the safety zone to be within the boundaries of one of the
zones.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the ability of
other waterway users to safely transit around the safety zones in many
cases, and the size and duration of the safety zones will impact a
small, designated area of the waterway for a relatively short period of
time. Moreover, the Coast Guard will notify mariners of the enforcement
via marine broadcasts, local notice to mariners, local news media,
distribution in leaflet form, or by an on-scene oral notice as
appropriate. The rule will also allow vessels to seek permission to
enter the zone if necessary.
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 received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 68104]]
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
designating areas on the Hudson and East Rivers where safety zones can
be established underneath drone shows. It is categorically excluded
from further review under paragraph L60a of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.166 to read as follows:
Sec. 165.166 Safety Zones; Coast Guard Captain of the Port New York
Zone Drone Displays.
(a) Locations. The following areas are designated zones in which a
safety zone with a radius up to 500-yards will be established for drone
shows. The establishment of a safety zone within a designated zone
requires the coordinates defining the center of the safety zone to be
within the boundaries of one of the zones described as follows:
(1) Hudson River Zone 1: All waters of the Hudson River to include
Morris Canal Basin in the vicinity of lower Manhattan, from surface to
bottom, encompassed by a line connecting the following points beginning
at 40[deg]42'20.9'' N, 74[deg]02'05.7'' W; traveling north along the
shoreline thence to 40[deg]46'41.1'' N, 74[deg]00'30.4'' W; thence to
40[deg]46'22.2'' N, 73[deg]59'38.3'' W; traveling south along the
shoreline thence to 40[deg]42'02.0'' N, 74[deg]00'51.1'' W; and back to
the point of origin.
(2) East River Zone 2: All waters of the East River in the vicinity
of lower Manhattan, from surface to bottom, encompassed by a line
connecting the following points beginning at 40[deg]42'01.6'' N,
74[deg]00'48.7'' W; traveling north along the shoreline thence to
40[deg]46'38.0'' N, 73[deg]56'31.6'' W; thence to 40[deg]46'33.2''N,
73[deg]56'13.4'' W; traveling south along the shoreline thence to
40[deg]44'17.2'' N, 73[deg]57'38.7'' W; thence to 40[deg]44'11.6'' N,
73[deg]57'37.0'' W; continuing south along the shoreline thence to
40[deg]41'35.7'' N, 74[deg]00'14.3'' W; and back to the point of
origin. These coordinates are based on Datum WGS 84.
(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 Zone in the
enforcement of the safety zone.
Official Patrol Vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned as an on-
scene representative approved by the COTP.
Spectators means all persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Regulations. (1) When enforced, 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 the designated safety zone, 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. Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(d) Enforcement periods. The COTP will make notification of the
exact dates and times in advance of each enforcement period for the
locations above in paragraph (a) of this section to the local maritime
community through marine broadcasts, local notice to mariners, local
news media, distribution in leaflet form, or by an on-scene oral notice
and signage.
Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the Port, Sector New York.
[FR Doc. 2024-18865 Filed 8-22-24; 8:45 am]
BILLING CODE 9110-04-P
