[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Proposed Rules]
[Pages 46162-46164]
[FR Doc No: 2021-17608]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0671; Project Identifier 2019-SW-036-AD]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This
proposed AD was prompted by a report of damage (burns) on the tail
rotor blades (TRBs). This proposed AD would require an inspection of
each TRB for the general condition and any evidence of burns and
replacement if necessary, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 4,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221
8999 000; email<EMAIL_ADDRESS>internet: www.easa.europa.eu. You
may find the EASA material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. This EASA material is also
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0671.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0671; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Jacob Fitch, Aerospace Engineer, COS
Program Management Section, Operational Safety Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0671; Project Identifier
2019-SW-036-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Jacob
Fitch, Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; phone:
(817) 222-4130; email<EMAIL_ADDRESS>Any commentary that the FAA
receives that is not specifically designated as CBI will

be placed in the public docket for this rulemaking.

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0073, dated March 28, 2019
(EASA AD 2019-0073), to correct an unsafe condition for Leonardo S.p.a.
Model AB139 and AW139 helicopters.
    This proposed AD was prompted by a report of damage (burns) on the
TRBs. The FAA is proposing this AD to address damage (burns) on the
TRBs, which could result in the loss of a TRB, and possible reduced
control of the helicopter. See EASA AD 2019-0073 for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0073 requires an inspection of each TRB for the
general condition and any evidence of burns and replacement if
necessary. This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0073, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2019-0073 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2019-0073 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2019-0073 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2019-
0073. Service information required by EASA AD 2019-0073 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0671 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 138 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255 (4 blades)................              $0             $255          $35,190
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                Labor cost                          Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170 per     $57,500 per blade...........  $57,670 per blade.
 blade.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.

    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Leonardo S.p.a.: Docket No. FAA-2021-0671; Project Identifier 2019-
SW-036-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 4, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139
helicopters, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2019-0073, dated March 28,
2019 (EASA AD 2019-0073).

(d) Subject

    Joint Aircraft Service Component (JASC) Codes: 3097, Ice/Rain
Protection System Wiring; 6410, Tail Rotor Blades.

(e) Unsafe Condition

    This AD was prompted by a report of damage (burns) on the tail
rotor blades (TRBs). The FAA is issuing this AD to address damage
(burns) on the TRBs. The unsafe condition, if not addressed, could
result in loss of a TRB, possibly resulting in reduced control of
the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0073.

(h) Exceptions to EASA AD 2019-0073

    (1) Where EASA AD 2019-0073 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2019-0073 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where the service information required by EASA AD 2019-0073
specifies returning a part to the manufacturer, this AD does not
include that requirement.
    (4) This AD does not require the ``Remarks'' section of EASA AD
2019-0073.
    (5) Where paragraph (2) of EASA AD 2019-0073 specifies to
replace if there are burn signs or other damage, for this AD, other
damage is defined as being consistent with wire overheat (e.g.,
possible melted or exposed wires).

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0073
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For EASA AD 2019-0073, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
<EMAIL_ADDRESS>internet: www.easa.europa.eu. You may view this
material at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For
information on the availability of this material at the FAA, call
(817) 222-5110. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0671.
    (2) For more information about this AD, contact Jacob Fitch,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on August 11, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-17608 Filed 8-17-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Proposed Rules]
[Pages 28444-28450]
[FR Doc No: 2023-09361]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0075]
RIN 1625-AA00

Safety Zones; Recurring Fireworks Displays and Swim Events in
Coast Guard Sector New York Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to revise its regulations for
permanent safety zones in the Coast Guard Sector New York Captain of
the Port Zone for recurring fireworks displays and swim events. Our
proposed revision would update the list of events, alter the means of
notification, and clarify the function of these safety zone
regulations. The establishment of the proposed safety zones is
necessary to protect event participants, waterway users, and vessels
from the potential hazards associated with these recurring organized
water events. When subject to enforcement, no person is authorized to
access the proposed safety zones without permission from the Captain of
the Port (COTP) or the COTP's designated representative. We invite your
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 5, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0075 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 contact MSTC Stacy Stevenson, Waterways Management
Division, U.S. Coast Guard by telephone at<PHONE_NUMBER> or email at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York Zone
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Swim events and fireworks displays are held on an annual recurring
basis on the navigable waters within the Coast Guard Sector New York
Captain of the Port Zone. The Coast Guard has established safety zones
for some of these annually recurring events to ensure the protection of
the maritime public and event participants from associated potential
hazards.
    The current list of annual and recurring safety zones in the
Captain of the Port New York Zone (COTP) appears in 33 CFR 165.160 in
Tables 1 and 2, for fireworks displays and swim events, respectively.
Those tables were established by a final rule entitled ``Special Local
Regulations and Safety Zones; Recurring Events in Captain of the Port
New York Zone'' published in the Federal Register on November 9, 2011
(76 FR 69613).
    The Coast Guard proposes to amend and update the safety zone
regulations in 33 CFR 165.160 in Tables 1 and 2 to include the most up-
to-date list of recurring safety zones for events held on navigable
waters within the COTP. These events include fireworks displays and
swim events that require a limited access area to restrict vessel
traffic for safety purposes. The current lists in Tables 1 and 2 need
to be amended to provide new information on existing safety zones, to
add new safety zones, and to remove safety zones that are no longer
required. The proposed rule would also consolidate all barge-based
fireworks displays in Table 1 to section 165.160 to one row
encompassing the COTP in its entirety, and replace separate entries for
events with fixed locations.
    This proposed rule would also change the parameters of the safety
zone area for swim events in Table 2 to 33 CFR 165.160 from all
navigable waters within a 100-yard radius of each participating
swimmer, as listed in the initial rule (76 FR 69613), to geographic
coordinates that encompass the entire swim course. The COTP has
determined that it is in the interest of safety for participants of
swim events and other waterway users to establish a safety zone around
the pre-determined course

vice the individual swimmer to better address and provide notice of
potential hazards.
    Lastly, this rulemaking amends section 165.160 to reorganize the
text to a more understandable format. The phone number of the Sector
New York Command Center is updated. The method to announce the
enforcement details of the safety zones in Tables 1 and 2 to 33 CFR
165.160 is proposed to be changed from Notice of Enforcement in the
Federal Register to be by marine broadcasts, local notice to mariners,
local news media, distribution in leaflet form, or by an on-scene oral
notice.
    The purpose of this rulemaking is to ensure the safety of vessels,
event participants, and the navigable waters before, during, and after
a scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
    The Coast Guard encourages the public to participate in this
proposed rulemaking through the comment process so that any necessary
changes can be identified and implemented in a timely and efficient
manner. The Coast Guard will address all public comments accordingly,
whether through response, additional revision to the regulation, or
otherwise.

III. Discussion of Proposed Rule

    The revision of Table 1 and Table 2 to section 165.160 would
establish recurring safety zones in the COTP that will prohibit entry
into those safety zones without permission of the Captain of the Port
to protect spectators, mariners, and other persons and property from
potential hazards presented during the firework display or swim event
associated with the safety zone.
    The safety zones in Table 1 to section 165.160 for fireworks
displays will be subject to enforcement for approximately 1 hour
between 6 p.m. until 1 a.m. when either--
     a barge with a ``Fireworks--Stay Away'' sign on the port
and starboard side is on-scene, or
     a ``Fireworks--Stay Away'' sign is posted on land adjacent
to the shoreline, in a location listed in the Table 1 to section
165.160.
    This proposed rule would update Table 1 section 165.160 to
consolidate all fireworks displays launched from a barge location to
one consolidated row, removing entries 2.1-2.5, 2.8-2.15, 3.1-3.5, 3.7-
3.10, 3.12-3.14, 4.1-4.3, 5.1-5.15, 6.1, and 7.1-7.3. This entry is
proposed as follows:

                       Table 1 to section 165.160
------------------------------------------------------------------------
               1.0 Event                           Location \1\
------------------------------------------------------------------------
1.4 Barge Based Fireworks Displays.....  All waters within the Sector
                                          New York COTP Zone within a
                                          500-yard radius of a firework
                                          barge or barges used during
                                          the storage, preparation, and
                                          launching of fireworks.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 1 to section 165.01-165.160
  reference Datum NAD 1983.

    This proposed rule also removes the following safety zones from the
existing Table 1 to section 165.160: entry 2.6, Coney Island Safety
Zone, entry 3.11, Orchard Beach, The Bronx Safety Zone, entry 3.14 Echo
Bay, Western Long Island Sound Safety Zone, and entry 4.4 Seaport, East
River Safety Zone.
    We are proposing to replace Table 1 to section 165.160 with the
following Table 1:

------------------------------------------------------------------------
               1.0 Event                           Location \1\
------------------------------------------------------------------------
1.1 Twin Island, Long Island Sound       Launch Site: A land shoot
 Safety Zone.                             located on the east end of
                                          Orchard Beach, NY, in
                                          approximate position
                                          40[deg]52'10'' N,
                                          073[deg]47'07'' W. This Safety
                                          Zone includes navigable waters
                                          within a 200-yard radius from
                                          the launch site.
1.2 Arthur Kill, Elizabeth, NJ Safety    Launch Site: A land shoot
 Zone.                                    located in Elizabeth, NJ, in
                                          approximate position
                                          40[deg]38'50'' N,
                                          074[deg]10'58'' W. This Safety
                                          Zone includes navigable waters
                                          within a 150-yard radius from
                                          the launch site.
1.3 Wards Island, East River, NY,        Launch Site: A land shoot
 Safety Zone.                             located on Wards Island in
                                          approximate position
                                          40[deg]46'57'' N
                                          073[deg]55'28'' W,
                                          approximately 330 yards north
                                          of the Robert F. Kennedy
                                          Bridge (Triborough Bridge).
                                          This Safety Zone includes
                                          navigable waters within a 200-
                                          yard radius from the launch
                                          site.
1.4 Barge Based Fireworks Displays.....  All waters within the Sector
                                          New York COTP Zone within an
                                          area up to a 500-yard radius
                                          of a firework barge or barges
                                          used during the storage,
                                          preparation, and launching of
                                          fireworks.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 1 to section 165.01-165.160
  reference Datum NAD 1983.

    This rule would also completely replace Table 2 to section 165.160
with new swim events and their respective locations. The area for these
safety zones is also more specifically defined through coordinates to
encompass the event course as opposed to a zone within a 100-yard
radius of each participating swimmer as it was previously defined in
Table 2 to section 165.160. Using coordinates to clearly identify the
area in and around the pre-determined courses that the participating
swimmers will stay within increases their safety and the safety of
others using the waterway by providing sufficient notice of enforced
areas.

                 Swim Events--Table 2 to Section 165.160
------------------------------------------------------------------------
             1.0 Event                   Hudson river upper bay \2\
------------------------------------------------------------------------
1.1 Hudson River, Ulster, NY, Swim  Date: The first weekend after the
                                     4th of July.
                                    Location: The safety zone includes
                                     all navigable waters of the Hudson
                                     River in the vicinity of Ulster
                                     Landing, bound by the following
                                     coordinates:
                                    42[deg]00'03.7'' N,
                                     073[deg]56'43.1'' W, thence to
                                     41[deg]59'52.5'' N,
                                     073[deg]56'34.2'' W, to
                                    42[deg]00'15.1'' N,
                                     073[deg]56'25.2'' W, to
                                    42[deg]00'05.4'' N,
                                     073[deg]56'41.9'' W, thence along
                                     the shoreline to the point of
                                     origin.
1.2 Hudson River, Nyack to          Date: 2nd weekend in September
 Kingsland Point Swim.              Location: The safety zone includes
                                     all navigable waters of the Hudson
                                     River between Nyack, NJ and the
                                     Tarrytown Lighthouse bound by the
                                     following coordinates:
                                    41[deg]05'10.7'' N, 073[deg]55'03''
                                     W, thence to
                                    41[deg]05'02'' N, 073[deg]52'25'' W,
                                     to
                                    41[deg]05'19'' N, 073[deg]52'22'' W,
                                     to
                                    41[deg]05'25'' N, 073[deg]54'51'' W,
                                     thence along the shoreline to the
                                     point of origin.
1.3 Navy Seal Swim, New York        Date: One Saturday or Sunday in
 Harbor.                             August
                                    Location: The safety zone includes
                                     all navigable waters bound by the
                                     following coordinates:
                                    40[deg]41'26'' N,
                                     74[deg]03'17''W,thence to
                                    40[deg]41'02'' N, 74[deg]02'25''W,
                                     to
                                    40[deg]41'40'' N, 74[deg]02'00''W,
                                     to
                                    40[deg]42'25'' N, 74[deg]01'08''W,
                                     to
                                    40[deg]42'28'' N, 74[deg]01'07''W,
                                     to
                                    40[deg]41'57'' N, 74[deg]02'07''W,
                                     to
                                    40[deg]41'40'' N, 74[deg]02'30''W,
                                     to
                                    40[deg]41'24'' N, 74[deg]02'27''W,
                                     to
                                    40[deg]41'12'' N, 74[deg]02'38''W,
                                     to
                                    40[deg]41'29'' N, 74[deg]03'15''W,
                                     thence
                                    back to the point of origin.
1.4 Hudson River, Newburgh to       Date: One Saturday or Sunday in July
 Beacon Swim.                       Location: The safety zone includes
                                     all navigable waters of the Hudson
                                     River between Newburgh and Beacon,
                                     NY bound by the following
                                     coordinates:
                                    41[deg]30'24.2'' N, 074[deg]0'17.4''
                                     W, thence to
                                    41[deg]30'27.8'' N,
                                     073[deg]59'16.8'' W, to
                                    41[deg]30'11.6'' N,
                                     073[deg]59'19.9'' W, to
                                    41[deg]30'03.4'' N, 074[deg]0'17.2''
                                     W, thence north along the shoreline
                                     to the point of origin.
1.5 Long Island Sound, Horseshoe    Date: 4th weekend in July and 2nd
 Harbor Swim.                        weekend in August.
                                    Location: The safety zone includes
                                     all navigable waters of the Long
                                     Island Sound bound by the following
                                     coordinates:
                                    40[deg]55'32'' N, 73[deg]44'37'' W,
                                     thence southeast to
                                    40[deg]55'28'' N, 73[deg]44'14'' W,
                                     to
                                    40[deg]55'01'' N, 73[deg]43'59'' W,
                                     to
                                    40[deg]54'01'' N, 73[deg]44'17'' W,
                                     to
                                    40[deg]54'48'' N, 73[deg]45'10'' W,
                                     thence along the shoreline back to
                                     the point of origin.
1.6 New York Harbor, Liberty        Date: One Weekend in July
 Island to Morris Canal Swim.       Location: The safety zone includes
                                     all navigable waters of the New
                                     York Harbor bound by the following
                                     coordinates:
                                    40[deg]41'27'' N, 74[deg]02'25'' W,
                                     thence to
                                    40[deg]41'22'' N, 74[deg]02'13'' W,
                                     to
                                    40[deg]41'36'' N, 74[deg]02'04'' W,
                                     to
                                    40[deg]42'39'' N, 74[deg]01'42'' W,
                                     to
                                    40[deg]42'42'' N, 74[deg]02'05'' W,
                                     to
                                    40[deg]42'31'' N, 74[deg]01'55'' W,
                                     thence back to the point of origin.
------------------------------------------------------------------------
\2\ All coordinates listed in Table 2 to section 165.01-165.160
  reference Datum NAD 1983.

    This proposed regulation would prevent vessels from transiting
areas specifically designated as safety zones during the periods they
are subject to enforcement. This is to ensure the protection of the
maritime public and event participants from the hazards associated with
the listed organized water events. Only event sponsors, designated
participants of swim events, and official patrol vessels would be
allowed to enter safety zones without needing to seek permission.
Spectators and other vessels not registered as swim event participants
may not enter the safety zones without the permission of the COTP or
the Designated Representative.
    The proposed rule also reorganizes the text of section 165.160 be
more understandable to the reader. The phone number of the Sector New
York Command Center is updated to<PHONE_NUMBER>. Lastly, the prior rule
making established that the exact dates and times of the enforcement
period for the safety zones in Tables 1 and 2 to 165.160 would be
through a Notice of Enforcement in the Federal Register. This proposed
rule updates the method to provide notice regarding the enforcement
location, time, date, and any alterations to be conducted via marine
broadcasts, local notice to mariners, local news media, distribution in
leaflet form, or by an on-scene oral notice.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed 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 as
well as 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
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 would impact a
small, designated area of the waterway for a relatively short period of
time. Moreover, the Coast Guard would notify mariners of the
enforcement via marine broadcasts, local notice to mariners, local news
media, distribution in leaflet form, by an on-scene oral notice, or
signage as appropriate. The rule would 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 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
safety zone 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.
    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 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 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 is for the
establishment of safety zones located in the immediate vicinity of
various marine events and that will each be enforced for a relatively
short duration. Normally such actions are 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 preliminary 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. 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 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-2023-0075 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 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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. Revise Sec.  165.160 to read as follows:

Sec.  165.160  Safety Zones; Recurring Fireworks Displays and Swim
Events Held in Coast Guard Sector New York Zone.

    (a) Regulations. The general regulations in subpart C of this part
as well as the following regulations apply to the safety zones
associated with the recurring fireworks displays and swim events listed
in Tables 1 or 2 to this section, respectively.
    (1) Under the general safety zone regulations in subpart C of this
part, no person may enter the safety zone described in Table 1 or 2 of
this section unless authorized by the Captain of the Port (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<PHONE_NUMBER>.
    (3) Event organizers must ensure that fireworks barges have signage
on their port and starboard side labeled ``Fireworks--Stay Away''. This
sign will consist of 10- inch-high by 1.5-inch-wide red lettering on a
white background.
    (4) Shore sites used in these locations will display a sign labeled
``Fireworks--Stay Away'' with the same dimensions.
    (b) Definitions. As used in this section:
    Designated representative means any Coast Guard commissioned,
warrant or petty officer of the U.S. Coast Guard who has been
designated by the Captain of the Port to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. In addition, members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
    Official Patrol Vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned as an on-
scene representative or approved by the COTP.
    Spectators means all persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (c) Enforcement periods. (1) Safety zones for fireworks-display
events listed in Table 1 of this section will be subject to enforcement
for approximately 1 hour between 6 p.m. to 1 a.m. when a barge with a
``Fireworks--Stay Away'' sign on the port and starboard side is on-
scene or a ``Fireworks--Stay Away'' sign is posted in a location listed
in Table 1 to Sec.  165.160.
    (2) The regulations in this section will be subject to enforcement
for the duration of each event on or about the dates indicated in Table
2 of this section.
    (3) For events in Tables 1 and 2 that do not have a date or
location listed, or if the event occurs on a date or location other
than the one that is listed, then exact dates and times of the
enforcement period will be announced via marine broadcast, local notice
to mariners, distribution in leaflet form, local news media, or by an
on-scene oral notice as appropriate.
    (4) Notifications of enforcement times for events listed in Table 1
and 2, including any changes to the enforcement dates or times listed
in this section, may be made via marine broadcasts, local notice to
mariners, local news media, distribution in leaflet form, or by an on-
scene oral notice and signage.
    (d) Location. If the specific location of a safety zone for
fireworks displays is not listed in Table 1, an announcement will be
made by marine broadcast, local notice to mariners, distribution in
leaflet form, local news media, or by an on-scene oral notice as
appropriate. The specific location of swim event safety zones are
listed in Table 2. Any modification to the location of safety zones
described in this section will be listed in USCG First District Local
Notice to Mariners at: https://www.navcen.uscg.gov/.

              Fireworks Displays--Table 1 to Sec.   165.160
------------------------------------------------------------------------
               1.0 Event                           Location \1\
------------------------------------------------------------------------
1.1 Twin Island, Long Island Sound       Launch Site: A land shoot
 Safety Zone.                             located on the east end of
                                          Orchard Beach, NY, in
                                          approximate position
                                          40[deg]52'10'' N,
                                          073[deg]47'07'' W. This Safety
                                          Zone includes navigable waters
                                          within a 200-yard radius from
                                          the launch site.
1.2 Arthur Kill, Elizabeth, NJ Safety    Launch Site: A land shoot
 Zone.                                    located in Elizabeth, NJ, in
                                          approximate position
                                          40[deg]38'50'' N,
                                          074[deg]10'58'' W. This Safety
                                          Zone includes navigable waters
                                          within a 150-yard radius from
                                          the launch site.
1.3 Wards Island, East River, NY Safety  Launch Site: A land shoot
 Zone.                                    located on Wards Island in
                                          approximate position
                                          40[deg]46'57'' N,
                                          073[deg]55'28'' W,
                                          approximately 330 yards north
                                          of the Robert F. Kennedy
                                          Bridge (Triborough Bridge).
                                          This Safety Zone includes
                                          navigable waters within a 200-
                                          yard radius from the launch
                                          site.

1.4 Barge Based Fireworks Displays.....  All waters within the Sector
                                          New York COTP Zone within an
                                          area up to a 500-yard radius
                                          of a firework barge or barges
                                          used during the storage,
                                          preparation, and launching of
                                          fireworks.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 1 to Sec.   165.01-165.160 reference
  Datum NAD 1983.

                 Swim Events--Table 2 to Sec.   165.160
------------------------------------------------------------------------
               1.0 Event                        Date/Location \2\
------------------------------------------------------------------------
1.1 Hudson River, Ulster, NY, Swim.....  Date: The first weekend after
                                          the 4th of July.
                                         Location: The safety zone
                                          includes all navigable waters
                                          of the Hudson River in the
                                          vicinity of Ulster Landing,
                                          bound by the following
                                          coordinates:
                                         42[deg]00'03.7'' N,
                                          073[deg]56'43.1'' W, thence to
                                         41[deg]59'52.5'' N,
                                          073[deg]56'34.2'' W, to
                                         42[deg]00'15.1'' N,
                                          073[deg]56'25.2'' W, to
                                         42[deg]00'05.4'' N,
                                          073[deg]56'41.9'' W, thence
                                          along the shoreline to the
                                          point of origin.
1.2 Hudson River, Nyack to Kingsland     Date: 2nd weekend in September.
 Point Swim.                             Location: The safety zone
                                          includes all navigable waters
                                          of the Hudson River between
                                          Nyack, NJ and the Tarrytown
                                          Lighthouse bound by the
                                          following coordinates:
                                         41[deg]05'10.7'' N,
                                          073[deg]55'03'' W, thence to
                                         41[deg]05'02'' N,
                                          073[deg]52'25'' W, to
                                         41[deg]05'19'' N,
                                          073[deg]52'22'' W, to
                                         41[deg]05'25'' N,
                                          073[deg]54'51'' W thence along
                                          the shoreline to the point of
                                          origin.
1.3 Navy Seal Swim, New York Harbor....  Date: One Saturday or Sunday in
                                          August.
                                         Location: The safety zone
                                          includes all navigable waters
                                          bound by the following
                                          coordinates:
                                         40[deg]41'26'' N,
                                          74[deg]03'17''W,thence to
                                         40[deg]41'02'' N,
                                          74[deg]02'25''W, to
                                         40[deg]41'40'' N,
                                          74[deg]02'00''W, to
                                         40[deg]42'25'' N,
                                          74[deg]01'08''W, to
                                         40[deg]42'28'' N,
                                          74[deg]01'07''W, to
                                         40[deg]41'57'' N,
                                          74[deg]02'07''W, to
                                         40[deg]41'40'' N,
                                          74[deg]02'30''W, to
                                         40[deg]41'24'' N,
                                          74[deg]02'27''W, to
                                         40[deg]41'12'' N,
                                          74[deg]02'38''W, to
                                         40[deg]41'29'' N,
                                          74[deg]03'15''W, thence
                                         back to the point of origin.
1.4 Hudson River, Newburgh to Beacon     Date: One Saturday or Sunday in
 Swim.                                    July.
                                         Location: The safety zone
                                          includes all navigable waters
                                          of the Hudson River between
                                          Newburgh and Beacon, NY bound
                                          by the following coordinates:
                                         41[deg]30'24.2'' N,
                                          074[deg]0'17.4'' W, thence to
                                         41[deg]30'27.8'' N,
                                          073[deg]59'16.8'' W, to
                                         41[deg]30'11.6'' N,
                                          073[deg]59'19.9'' W, to
                                         41[deg]30'03.4'' N,
                                          074[deg]0'17.2'' W, thence
                                          north along the shoreline to
                                          the point of origin.
1.5 Long Island Sound, Horseshoe Harbor  Date: 4th weekend in July and
 Swim.                                    2nd weekend in August.
                                         Location: The safety zone
                                          includes all navigable waters
                                          of the Long Island Sound bound
                                          by the following coordinates:
                                         40[deg]55'32'' N,
                                          73[deg]44'37'' W, thence
                                          southeast to
                                         40[deg]55'28'' N,
                                          73[deg]44'14'' W, to
                                         40[deg]55'01'' N,
                                          73[deg]43'59'' W, to
                                         40[deg]54'01'' N,
                                          73[deg]44'17'' W, to
                                         40[deg]54'48'' N,
                                          73[deg]45'10'' W, thence along
                                          the shoreline back to the
                                          point of origin.
1.6 New York Harbor, Liberty Island to   Date: One weekend in July.
 Morris Canal Swim.                      Location: The safety zone
                                          includes all navigable waters
                                          of the New York Harbor bound
                                          by the following coordinates:
                                         40[deg]41'27'' N,
                                          74[deg]02'25'' W, thence to
                                         40[deg]41'22'' N,
                                          74[deg]02'13'' W, to
                                         40[deg]41'36'' N,
                                          74[deg]02'04'' W, to
                                         40[deg]42'39'' N,
                                          74[deg]01'42'' W, to
                                         40[deg]42'42'' N,
                                          74[deg]02'05'' W, to
                                         40[deg]42'31'' N,
                                          74[deg]01'55'' W, thence back
                                          to the point of origin.
------------------------------------------------------------------------
\2\ All coordinates listed in Table 2 to Sec.   165.01-165.160 reference
  Datum NAD 1983.

    Dated: April 27, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-09361 Filed 5-3-23; 8:45 am]
BILLING CODE 9110-04-P