[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Proposed Rules]
[Pages 19169-19171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07650]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0029]
RIN 1625-AA08


Special Local Regulations; Mystic Sharkfest Swim, Mystic River, 
Mystic, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to issue special local 
regulations for an annual Mystic Sharkfest Swim event on the Mystic 
River. This proposed rule is intended to ensure the protection of the 
maritime public and event participants from the hazards associated with 
this marine event. When enforced, these special local regulations would 
restrict vessels from transiting the regulated area during this 
annually recurring events. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 13, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0029 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Marine Science Technician 1st Class 
Chris Gibson, Waterways Management Division, Sector Long Island Sound; 
Tel: (203) 468-4565; Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    Many marine events are held on an annual recurring basis on the 
navigable waters within the Coast Guard Sector Long Island Sound 
Captain of the Port (COTP) Zone. The Coast Guard has established 
special local regulations for some of these annually recurring events 
to ensure the protection of the maritime public and event particpants 
from potential hazards.
    Regulations establishing special local regulations to restrict 
vessel traffic are located in part 100 of Title 33 of the Code of 
Federal Regulations. Section 100.100 in part 100 establishes Special 
Local Regulations to ensure the safety and security of marine related 
events, participants, and spectators in Sector Long Island Sound's area 
of responsibility. The COTP Long Island Sound proposes to amend Table 1 
of 33 CFR 100.100 Special Local Regulations; Regattas and Boat Races in 
the Coast Guard Sector Long Island Sound Captain of the Port Zone 
because adding this single reaccuring event will considerably reduce 
administrative overhead and provide the public with notice through 
publication in the Federal Register of the upcoming recurring special 
local regulation.
    The Secretary of Homeland Security has delegated to the Coast Guard 
authority under section 70041 of Title 46 of the U.S. Code (46 U.S.C. 
70041) to issue these regulations.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish special local regulations for 
the annual Mystic Sharkfest Swim event by adding this event to Table 1 
to 33 CFR 100.100. The event would occur on a day in July at a time to 
be determined each year. The regulated area would encompass all waters 
of the Mystic River in Mystic, CT from Mystic Seaport, down the Mystic 
River, under the Bascule Drawbridge, to the boat launch ramp at the 
north end of Seaport Marine. When enforced on the one day in July each 
year, these special local regulations would restrict vessels from 
transiting the regulated area. The specific proposed description of 
this proposed regulation 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, 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 NPRM has not been designated a

[[Page 19170]]

``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 size, 
location, and duration and time-of-day of the special local regulation. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the special local regulation and the 
rule would allow vessels to seek permission to enter the area. Vessel 
traffic would also be able to request permission from the COTP or a 
designated representative to enter the restricted area.

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 this 
proposed regulated area may be small entities, for the reasons stated 
in section IV.A above this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 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 effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves adding an 
annually recurring marine event to the already listed Table in 33 CFR 
100.100. Normally such actions are categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    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 in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Public comments will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. 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. Additionally, if you go to the online docket and sign up for 
email alerts, you will be notified when comments are posted or a final 
rule is published.

[[Page 19171]]

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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

0
2. Amend Table 1 in Sec.  100.100 by adding item 7.8 in numerical order 
to read as follows:


Sec.  100.100  Special Local Regulations; Regattas and Boat Races in 
the Coast Guard Sector Long Island Sound Captain of the Port Zone.

* * * * *

                        Table 1 to Sec.   100.100
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                              * * * * * * *
7...............................................  July
 
                              * * * * * * *
7.8 Mystic Sharkfest Swim.......................   Date: A
                                                   single day during
                                                   July.
                                                   Time: To be
                                                   determined annually.
                                                   Location: All
                                                   waters of the Mystic
                                                   River in Mystic, CT
                                                   from Mystic Seaport,
                                                   down the Mystic
                                                   River, under the
                                                   Bascule Drawbridge at
                                                   41[deg]21'17.046'' N,
                                                   071[deg]58'8.742'' W,
                                                   to finish at the boat
                                                   launch ramp at the
                                                   north end of Seaport
                                                   Marine.
 
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    Dated: April 8, 2021
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-07650 Filed 4-12-21; 8:45 am]
BILLING CODE 9110-04-P