[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Rules and Regulations]
[Pages 50260-50263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19148]


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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: Final rule.

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SUMMARY: The Coast Guard will 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 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.

DATES: This rule is effective without actual notice September 8, 2021. 
For the purposes of enforcement, actual notice will be used from 
September 6, 2021 until September 8, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0135 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 Marine Science Technician 1st Class Chris Gibson, 
Waterways Management Division, Sector Long

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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 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

    On June 14, 2021, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Safety Zones; Fireworks Displays, Air Shows 
and Swim Events in the Captain of the Port Long Island Sound Zone (86 
FR 31456). There we stated why we issued the NPRM, and invited comments 
on our proposed regulatory action related to fireworks displays and 
other marine events no longer held. We received no comments during the 
comment period that ended July 14, 2021.
    The Captain of the Port Long Island Sound (COTP) will amend Table 1 
and 2 to 33 CFR 165.151 Safety Zones; Fireworks Displays, Air Shows and 
Swim Events in the Captain of the Port Long Island Sound Zone because 
adding a single recurring marine event and removing six marine events 
that no longer occur will considerably reduce administrative overhead 
and provide the public with notice through publication in the Federal 
Register of the upcoming recurring safety zone.

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 COTP has determined that 
potential hazards associated with this annual recurring event will be a 
safety concern for anyone within the area where the fireworks display 
will commence. The purpose of this rule is to ensure safety of vessels 
and the navigable waters in the safety zone before, during, and after 
the scheduled 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 safety zone must be established by September 6, 2021, for 
the Dolan Family Labor Day Fireworks display to mitigate the potential 
safety hazards.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published June 
14, 2021. There are no changes in the regulatory text of this rule from 
the proposed rule.
    This rule establishes a safety zone for the annual Dolan Family 
Labor Day Fireworks event by adding this event to Table 1 to 33 CFR 
165.151. The event will occur on a day in September at a time to be 
determined each year. The regulated area will encompass waters of Long 
Island Sound off of Oyster Bay, NY. When enforced on the single day in 
September each year, this safety zone will restrict vessels from 
transiting the regulated area. When enforced on the one day in 
September each year, these safety zones will restrict vessels from 
transiting the regulated area. The specific description of this 
regulation appears at the end of this document.
    Additionally, this rulemaking updates Table 1 and 2 to CFR 165.151 
by removing six events that no longer take place. The Coast Guard will 
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.

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 on the size, 
location, duration, and time-of-day of the safety zone. This rule 
establishes a safety zone for the annual Dolan Family Labor Day 
Fireworks event. The regulated area will encompass a 500' radius at 
approximate point of 40[deg]53'43.90'' N, 73[deg]30'06.85'' W navigable 
waters of Oyster Bay near Oyster Bay, NY. When enforced on the single 
day in September each year, this safety zone would restrict vessels 
from transiting the regulated area. Once enforced on the one day in 
September each year, these safety zones would restrict vessels from 
transiting the regulated area. The Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the 
rule will allow vessels to seek permission to enter the zone.
    Additionally, this rulemaking updates Table 1 and 2 to CFR 165.151 
by removing six events that no longer take place.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
safety zone 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-

[[Page 50262]]

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 an annual recurring safety zone for a firework display and 
removing six other various marine events in Coast Guard Sector Long 
Island Sound's Captain of the Port Zone. It is categorically excluded 
from further review under paragraph L60 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A 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.

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 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
Recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
amending 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS ANS 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, 
Revision No. 01.2.


0
2. Amend Sec.  165.151 by:
0
a. In Table 1 to Sec.  165.151 removing item ``5.1 Jones Beach Air 
Show'' and adding item ``9.7 Dolan Family Labor Day Fireworks''; and
0
b. In Table 2 to Sec.  165.151 removing items ``1.1 Swim Across the 
Sound'', ``1.3 Maggie Fischer Memorial Great South Bay Cross Bay 
Swim'', ``1.4 Waves of Hope Swim', ``1.5 Stonewall Swim'', and ``1.6 
Swim Across America Greenwich''.
    The addition reads as follows:


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

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                        Table 1 to Sec.   165.151
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9.................................                September
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9.7 Dolan Family Labor Day           Date: A single day event in
 Fireworks.                          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. The regulated
                                     area for this fireworks displays is
                                     that area of navigable waters
                                     within a 500 foot radius of the
                                     launch platform or launch site for
                                     each fireworks display.
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    Dated: August 27, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-19148 Filed 9-7-21; 8:45 am]
BILLING CODE 9110-04-P