[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29799-29802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13501]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0244]
RIN 165-AA08


Special Local Regulations; Marine Events in the Coast Guard 
Sector Long Island Sound Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary special local 
regulations in Coast Guard Sector Long Island Sound Captain of the Port 
Zone. This temporary final rule is necessary to protect event 
participants from vessel traffic hazards associated with these events. 
One regulation prohibits the entry of vessels or persons into a ``no 
entry zone'' and requires vessels transiting through the ``no wake 
zone'' to travel at no wake speed or 6 knots, whichever is slower. The 
second regulation requires vessels transiting through the regulated 
area travel at no wake speed or 6 knots, whichever is slower, and 
maintain a minimum distance of 100 feet from the swimmers in the 
regulated area.

DATES: This rule is effective without actual notice from June 25, 2019 
through 10 a.m. July 14, 2019. For the purposes of enforcement, actual 
notice will be used from 8:30 p.m. June 22, 2019 through June 25, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0244 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Chief Petty Officer Katherine Linnick, Prevention Department, 
Coast Guard Sector Long Island Sound, telephone (203) 468-4565, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    The Dolan Family Fourth Fireworks is a recurring marine event that 
takes place in Oyster Bay Harbor, NY. A permanent special local 
regulation is established and cited in 33 CFR 100.100 in Table at 7.2. 
This rule established a special local regulation on the navigable 
waters of the Oyster Bay, NY for vessel management in the vicinity of 
the fireworks display, including a ``No Entry Area'' within a 1000 foot 
radius of the fireworks launch platform in Oyster Bay, NY and a 
separate ``Slow/No Wake Area.'' This temporary final rule is necessary 
due to a new event date.
    The Mystic Sharkfest Swim is a recurring marine event that occurred 
most recently in 2018. On July 6, 2018 the COTP Long Island Sound 
established a special local regulation when he issued a temporary rule 
entitled, ``Special Local Regulation; Mystic Sharkfest Swim, Mystic 
River; Mystic, CT'' which was published in a quarterly notice (3rd 
Quarter 2018) of expired temporary rules. This rule can be viewed by 
entering USCG-2018-0620 in the ``SEARCH'' box and clicking ``SEARCH.'' 
at http://www.regulations.gov. This rule established a temporary 
special local regulation on the navigable waters of the Mystic River 
off Mystic, CT for vessel management in the vicinity of the Mystic 
Sharkfest Swim with the same locations and restrictions on access as

[[Page 29800]]

this 2019 temporary special local regulation. The 2018 Mystic Sharkfest 
Swim occurred without incident. It also occurred in 2015 and 2016 
without incident.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The Coast Guard was not provided enough notice regarding the 
change in date of the Dolan Family Fourth Fireworks and the occurrence 
of the Mystic Sharkfest Swim events by the event sponsors to allow for 
publishing a NPRM, taking public comments, and issuing a final rule 
before the events take place. The potential safety hazards associated 
with these events and the large numbers of spectators, participants, 
and vessels require immediate action to ensure the safety of the event 
and the public. It is impracticable to publish an NPRM because we must 
establish the special local regulation by June 22, 2019. Thus, waiting 
for a comment period to run is also contrary to the public interest as 
it would inhibit the Coast Guard's mission to keep the ports and 
waterways safe, protect the public from the hazards associated with 
these events, and minimize the impact on vessel traffic on the 
navigable waterway.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register. Delaying the effective date of this rule would be 
impracticable because the special local regulation must be established 
by June 22, 2019 for the events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary rule under authority in 
33 U.S.C. 1233. The COTP Long Island Sound has determined that 
potential hazards associated with these events will be a safety 
concerns if vessels get within 1000 feet of the fireworks launch 
platform, create a wake in the vicinity of the fireworks or swimmers, 
or get within 100 feet of the swimmers. The special local regulation 
established by this rule is necessary to provide for the safety of life 
on navigable waterways before, during, and after these scheduled 
events.

IV. Discussion of the Rule

    The Dolan Family Fourth Fireworks rule establishes a special local 
regulation on the navigable waters of Oyster Bay Harbor in Long Island 
Sound off Oyster Bay, NY in the vicinity of the fireworks launch on 
June 22, 2019 from 8:30 p.m. to 10:30 p.m. This special local 
regulation includes two measures to reduce the risks to waterway users 
and event participants during the fireworks display. The first measure 
prohibits entry of vessels and persons within a 1000 foot radius of the 
launch platform in approximate position 41[deg]53'42.50'' N; 
073[deg]30'04.30'' W. (NAD 83). The second measure will restrict vessel 
speeds within the regulated area to a no wake speed, or 6 knots, 
whichever is slower during the event. Based on the hazards associated 
with launching fireworks on a navigable waterway where vessels transit, 
the COTP Long Island Sound has determined the fireworks event poses a 
significant risk to public safety. The duration of the special local 
regulation is intended to protect persons, vessels, and the marine 
environment.
    The Mystic Sharkfest rule establishes a special local regulation on 
the navigable waters of Mystic River in the vicinity of Mystic, 
Connecticut, for the management of vessels in the vicinity of the 
Mystic Sharkfest Swim. The Mystic Sharkfest Swim is a 1,500 meter swim 
from Mystic Seaport, down the Mystic River, under the Bascule 
drawbridge to finish at the boat launch ramp at the north end of 
Seaport Marine. The Mystic Sharkfest Swim is scheduled to start at 8:00 
a.m. on July 14, 2019.
    This special local regulation includes two measures to reduce the 
risks to waterway users and event participants during the Mystic 
Sharkfest Swim. The first measure will restrict vessel speeds within 
the regulated area to a no wake speed, or 6 knots, whichever is slower 
from 8:00 a.m. to 10:00 a.m. on the day of the event. The second 
measure prohibits vessels from coming within 100 feet of swimmers 
participating in the event from 8:30 a.m. to 9:30 a.m. on the day of 
the event. Based on the hazards associated with persons swimming on a 
navigable waterway where vessels transit, the COTP Long Island Sound 
has determined the swim event poses a significant risk to public 
safety. The duration of the special local regulation is intended to 
protect persons, vessels, and the marine environment.
    The Coast Guard will notify the public and local mariners of the 
special local regulation through appropriate means, which may include, 
but are not limited to, publication in the Federal Register, the Local 
Notice to Mariners, and Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (1) The 
enforcement of this regulation will be short in duration and each 
special local regulation will last only two hours; (2) persons or 
vessels desiring to enter the regulated area may do so with permission 
from the COTP LIS or a designated representative; (3) the regulated 
area is designed to limit impacts on vessel traffic, permitting vessels 
to navigate in other portions of the waterway; and (4) the Coast Guard 
will notify the public of the enforcement of this rule via appropriate 
means, such as via Local Notice to Mariners and Broadcast Notice to 
Mariners to increase public awareness of this special local regulation.

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.

[[Page 29801]]

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 this 
regulated area 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 
contact 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 proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    These rules 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 Orders 
13132, Federalism, if it has a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. We have analyzed this rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 these rules will not result 
in such an expenditure, we do discuss the effects of these rules 
elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 the establishment of a two special local regulations 
lasting only 2 hours that will control vessel traffic in Oyster Bay, NY 
and and thus this rule is categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A Memorandum For Record for Categorically 
Excluded Actions that do not require a REC will be available in the 
docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T01-0244 to read as follows:


Sec.  100.T01-0244  Special Local Regulation; Dolan Family Fourth 
Fireworks, Oyster Bay Harbor, Oyster Bay, NY.

    (a) Location. The following areas are included with this special 
local regulation:
    (1) ``No Entry Area'': All waters of the Oyster Bay Harbor in Long 
Island Sound off Oyster Bay, NY within a 1000 foot radius of the launch 
platform in approximate position 40[deg]53'42.50'' N; 
073[deg]30'04.30'' W (NAD83).
    (2) ``Slow/No Wake Area'': All waters of Oyster Bay Harbor in Long 
Island Sound off Oyster Bay, NY contained within the following area; 
beginning at a point on land in position at 40[deg]53'12.43'' N, 
073[deg]31'13.05'' W near Moses Point; then east across Oyster Bay 
Harbor to a point on land in position at 40[deg]53'15.12'' N, 
073[deg]30'38.45'' W; then north along the shoreline to a point on land 
in position at 40[deg]53'34.43'' N, 073[deg]30'33.42'' W near Cove 
Point; then east along the shoreline to a point on land in position at 
40[deg]53'41.67'' N, 073[deg]29'40.74'' W near Cooper Bluff; then south 
along the shoreline to a point on land in position 40[deg]53'05.09'' N, 
073[deg]29'23.32'' W near Eel Creek; then east across Cold Spring 
Harbor to a point on land in position 40[deg]53'06.69'' N, 
073[deg]28'19.9'' W; then north along the shoreline to a point on land 
in position 40[deg]55'24.09'' N, 073[deg]29'49.09'' W near Whitewood 
Point; then west across Oyster Bay to a point on land in position 
40[deg]55'5.29'' N, 073[deg]31'19.47'' W near Rocky Point; then south 
along the shoreline to a point on land in position 40[deg]54'04.11'' N, 
073[deg]30'29.18'' W near Plum Point; then northwest along the 
shoreline to a point on land in position 40[deg]54'09.06'' N, 
073[deg]30'45.71'' W; then southwest along the shoreline to a point on 
land in position 40[deg]54'03.2'' N, 073[deg]31'01.29'' W; and then 
south along the shoreline back to point of origin (NAD 83). All 
positions are approximate.

[[Page 29802]]

    (b) Enforcement period. This rule will be enforced from 08:30 p.m. 
to 10:30 p.m. on June 22, 2019.
    (c) Definitions. The following definitions apply to this section: A 
``designated representative'' is any Coast Guard commissioned, warrant 
or petty officer of the U.S. Coast Guard who has been designated by the 
Captain of the Port (COTP) Sector Long Island Sound (LIS), 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'' may consist of any Coast Guard, Coast 
Guard Auxiliary, state, or local law enforcement vessels assigned or 
approved by the COTP.
    (d) Special local regulations. (1) In accordance with the general 
regulations found in section 33 CFR 100.100, Vessels may not transit 
the ``No Entry Area'' without the approval of the COTP or a designated 
representative.
    (2) Vessel operators desiring to enter or operate within the ``No 
Entry Area'' shall contact the COTP or the designated representative at 
203-468-4401 (Sector LIS command center) or via VHF channel 16.
    (3) Any vessel given permission to deviate from these regulations 
and transit the ``No Entry Area'' must comply with all directions given 
to them by the COTP or a designated representative and must operate at 
a no wake speed, or 6 knots, whichever is slower.
    (4) Vessels may only transit the ``Slow/No Wake area'' at a no wake 
speed or 6 knots, whichever is slower.
    (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.

0
3. Add Sec.  100.T01-0245 to read as follows:


Sec.  100.T01-0245   Special Local Regulation; Mystic Sharkfest Swim, 
Mystic River, Mystic, CT.

    (a) Location. The following areas are included with this special 
local regulation:
    All navigable waters of Mystic River off Mystic, CT contained 
within the following area; beginning at a point on land in position at 
41[deg]21'41'' N, 071[deg]58'01'' W; then south-west across Mystic 
River to a point on land in position at 41[deg]21'36'' N, 
071[deg]58'05'' W near Pearl Street then south-east along the shoreline 
to a point on land in position at 41[deg]21'31'' N, 071[deg]58'02'' W 
near Park Place; then south-west along the shoreline to a point on land 
in position at 41[deg]21'27'' N, 071[deg]58'07'' W near Gravel Street; 
then south along the shoreline to a point on land in position 
41[deg]21'10'' N, 071[deg]58'14'' W; then east across Mystic River to a 
point on land in position 41[deg]21'09'' N, 071[deg]58'11'' W; then 
north along the shoreline to a point on land in position 41[deg]21'21'' 
N, 071[deg]58'02'' W, then east along the shoreline to a point on land 
in position 41[deg]21'25'' N, 071[deg]57'53'' W near Holmes Street, 
then north along the shoreline to a point on land in position 
41[deg]21'38'' N, 071[deg]57'53'' W near the Mystic Seaport Museum and 
then northwest along the shoreline back to point of origin (NAD 83).
    (a) Enforcement period. This section will be enforced from 8 a.m. 
to 10 a.m. on July 14, 2019.
    Definitions. The following definitions apply to this section:
    A ``designated representative'' is any Coast Guard commissioned, 
warrant or petty officer of the U.S. Coast Guard who has been 
designated by the Captain of the Port (COTP) Sector Long Island Sound 
(LIS), 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'' may consist of any Coast Guard, Coast 
Guard Auxiliary, state, or local law enforcement vessels assigned or 
approved by the COTP.
    (d) Special local regulations. (1) In accordance with the general 
regulations found in section 33 CFR 100.35, all non-event vessels 
transiting through the regulated area during the enforcement period 
shall travel at no wake speed or 6 knots, whichever is slower. 
Recreational vessels transiting in the regulated area shall not block 
or impede the transit of event participants, event safety vessels, or 
official patrol vessels and shall follow the directions given by event 
safety craft during the event. Commercial vessels will have right-of-
way over event participants and event safety craft.
    (2) All persons transiting through the regulated area shall 
maintain a minimum distance of 100 feet from the swimmers in the 
regulated area.
    (3) Vessel operators desiring to deviate from these regulations 
should contact the COTP or a designated representative at (203) 468-
4401 (Sector Long Island Sound command center) or VHF channel 16 to 
obtain permission to do so.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.

    Dated: June 5, 2019.
K.B. Reed,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2019-13501 Filed 6-24-19; 8:45 am]
BILLING CODE 9110-04-P