[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Rules and Regulations]
[Pages 44273-44275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17285]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0545]
RIN 1625-AA08


Special Local Regulation; Great South Bay, Brightwaters, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation of certain navigable waters of Great South Bay, from Gilbert 
Park, Brightwaters, NY to Fire Island Lighthouse, NY for the Maggie 
Fischer Memorial Cross Bay Swim event. This action is necessary to 
provide the safety of life on these navigable waters during the swim 
event on Thursday, August 12, 2021. This rulemaking will prohibit 
persons and vessels from being in the regulated area unless authorized 
by the Captain of the Port Long Island Sound or a designated 
representative.

DATES: This rule is effective from 8 a.m. through 12:30 p.m. on 
Thursday, August 12, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0545 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Chris Gibson, Waterways Management Division, U.S. 
Coast Guard; telephone 203-468-4565, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Long Island Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable and contrary to 
the public interest. We must establish the temporary special local 
regulation by August 12, 2021 and insufficient time exists to execute 
the full NPRM process. Further, the expeditious implementation of this 
rule is in the public interest because it will help ensure the safety 
of those involved in the swim event.
    Under 5 U.S.C. 553(d)(3), 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 and contrary to the public interest 
because the temporary special local regulation must be established on 
August 12, 2021 to ensure the safety of spectators and vessels during 
the swim event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Long Island 
Sound (COTP) has determined that potential hazards associated with the 
Maggie Fischer Memorial Cross Bay Swim marine event for any persons or 
vessels operating within certain waters of the Great South Bay, NY. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the special local regulated 
area during the Maggie Fischer Memorial Cross Bay Swim marine event.

[[Page 44274]]

IV. Discussion of the Rule

    The COTP is establishing a temporary special local regulation to 
restrict vessel traffic for the safety of persons and property. The 
special local regulation will cover certain navigable waters of Great 
South Bay, from Gilbert Park, Brightwaters, NY to Fire Island 
Lighthouse, NY, from 8:00 a.m. until 12:30 p.m. on August 12, 2021. The 
temporary special local regulation will cover Waters of the Great South 
Bay, NY, within 100 yards of the race course. Starting Point at the 
Fire Island Lighthouse Dock in position at 40[deg]38'01'' N, 
073[deg]13'07'' W; then north-by-northwest to a point in position at 
40[deg]38'52'' N, 073[deg]13'09'' W; then north-by-northwest to a point 
in position at 40[deg]39'40'' N, 073[deg]13'30'' W; then north-by-
northwest to a point in position at 40[deg]40'30'' N, 073[deg]14'00'' 
W; and then north-by-northwest, finishing at Gilbert Park, 
Brightwaters, NY at position 40[deg]42'25'' N, 073[deg]14'52'' W (NAD 
83).
    The duration of the regulated area is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters for the duration of the Maggie Fischer Memorial Cross Bay Swim 
marine event. No vessel or person will be permitted to enter the 
regulated area without obtaining permission from COTP or the designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on size, location, 
and duration and time-of-day of the special local regulation. This rule 
involves a special local regulation lasting approximately 4.5 hours and 
impacting a limited area of the Great South Bay. 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 regulated 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
establishing a temporary special local regulation lasting from 8 a.m. 
through 12:30 p.m. on August 12, 2021 that will limit access to the 
Great South Bay for the duration of the swim event. It is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1.

[[Page 44275]]

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
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.T01-0545 to read as follows:


Sec.  100.T01-0545  Special Local Regulation; Maggie Fischer Memorial 
Cross Bay Swim, Great South Bay, Brightwaters, NY.

    (a) Regulated Area. The regulations in this section apply to the 
following area: Waters of the Great South Bay, NY, within 100 yards of 
the race course. Starting Point at the Fire Island Lighthouse Dock in 
position at 40[deg]38'01'' N, 073[deg]13'07'' W; then north-by-
northwest to a point in position at 40[deg]38'52'' N, 073[deg]13'09'' 
W; then north-by-northwest to a point in position at 40[deg]39'40'' N, 
073[deg]13'30'' W; then north-by-northwest to a point in position at 
40[deg]40'30'' N, 073[deg]14'00'' W; and then north-by-northwest, 
finishing at Gilbert Park, Brightwaters, NY at position 40[deg]42'25'' 
N, 073[deg]14'52'' W. These coordinates are approximate and are based 
on datum NAD 1983.
    (b) Definitions. As used in this section, Designated Representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Long Island Sound (COTP) in the enforcement of the 
regulations in this section.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the COTP or the Designated Representative.
    (2) To seek permission to enter, contact the COTP or the Designated 
Representative via VHF-FM marine channel 16 or by contacting the Coast 
Guard Sector Long Island Sound Command Center at (203) 468-4401. Those 
in the regulated area must comply with all lawful orders or directions 
given to them by the COTP or the Designated Representative.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
to 12:30 p.m. on August 12, 2021.

    Dated: August 9, 2021.
S.A. Koch,
Commander, U.S. Coast Guard, Acting Captain of the Port Long Island 
Sound.
[FR Doc. 2021-17285 Filed 8-10-21; 11:15 am]
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