[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Proposed Rules]
[Pages 31456-31459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12401]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0135]
RIN 1625-AA00


Safety Zones; Fireworks Displays, Air Shows and Swim Events in 
Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to add one safety zone for the 
Dolan Family Labor Day Fireworks event on Oyster Bay, NY, and remove 
six other annual recurring marine events in Coast Guard Sector Long 
Island Sound's Captain of the Port Zone. This proposed rule is intended 
to expedite public information and to ensure the protection of the 
maritime public and event participants from the hazards associated with 
certain marine events. When enforced, the safety zones would restrict 
vessels from transiting the regulated area during 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 July 14, 2021.

[[Page 31457]]


ADDRESSES: You may submit comments identified by docket number USCG-
2021-0135 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

    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 safety 
zones for some of these annually recurring events on a case by case 
basis to ensure the protection of the maritime public and event 
participants from potential hazards.
    Regulations establishing safety zones to restrict vessel traffic 
are located in part 165 of Title 33 of the Code of Federal Regulations. 
Section 165.151 in part 165 establishes safety zones to ensure the 
safety and security of marine related events, participants, and 
spectators in Sector Long Island Sound's area of responsibility. The 
COTP of Long Island Sound proposes to amend Table 1 and 2 of 33 CFR 
165.151 Safety Zones; Fireworks Displays, Air Shows, and Swim Events in 
the COTP Long Island Zone because updating the recurring events will 
considerably reduce administrative overhead and provide the public with 
notice through publication in the Federal Register of the upcoming 
recurring safety zone.
    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 a safety zone for the annual 
Dolan Family Labor Day Fireworks event by adding this event to Table 1 
to CFR 165.151. The event would occur on a single day in September at a 
time to be determined. The regulated area would encompass waters of 
Long Island Sound off of Oyster Bay, NY. When enforced on the single 
day in September each year, this safety zone would restrict vessels 
from transiting the regulated area. The specific proposed description 
of this proposed regulation appears at the end of this document.
    Additionally, this rulemaking proposes to update Table 1 and 2 to 
CFR 165.151 by removing six events that no longer take place. The Coast 
Guard proposes to remove event 5.1 Jones Beach Air Show safety zone 
from Table 1 and remove five events from Table 2: (1) 1.1 Swim Across 
the Sound; (2) 1.3 Maggie Fischer Memorial Great South Bay Cross Bay 
Swim; (3) 1.4 Waves of Hope Swim; (4) 1.5 Stonewall Swim; and (5) 1.6 
Swim Across America Greenwich safety zones.

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 ``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, duration, and time-of-day of the established safety zones. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
vis VHF-FM marine channel 16 about the safety zone 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 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 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

[[Page 31458]]

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 and 
removing an annually recurring marine event in Table 1 in 33 CFR 
165.151 and removing five recurring marine events from Table 2 in 33 
CFR 165.151. Normally such actions are categorically excluded from 
further review under paragraph L60(a) and L60(b) 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.
    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).
    Documents mentioned in this NPRM as being available in the docket, 
and 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. 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.

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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1

0
2. Amend Table 1 in Sec.  165.151 by inserting item 9.7, in numerical 
order, to read as follows:


Sec.  165.151   Safety Zones; Fireworks Displays, Air Shows and Swim 
Events in the Captain of the Port Long Island Sound Zone.

* * * * *

                        Table 1 to Sec.   165.151
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                              * * * * * * *
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9 * * *                                             September
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9.7 Dolan Family Labor Day Fireworks...   Date: A single day
                                          event in September.
                                          Location: Waters of
                                          Oyster Bay Harbor in Long
                                          Island Sound off Oyster Bay,
                                          NY in approximate position
                                          40[deg]53'43.50'' N,
                                          073[deg]30'06.85'' W.
 
                              * * * * * * *
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Sec.  165.151  [Amended]

0
3. Amend Sec.  165.151 by:
0
a. Removing in Table 1 item 5.1 Jones Beach Air Show;
0
b. Removing in Table 2 items 1.1 Swim Across the Sound, 1.3 Maggie 
Fischer Memorial Great South Bay Cross

[[Page 31459]]

Bay Swim, 1.4 Waves of Hope Swim, 1.5 Stonewall Swim and 1.6 Swim 
Across America Greenwich.

    Dated: April 29, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-12401 Filed 6-11-21; 8:45 am]
BILLING CODE 9110-04-P