Safety Zones; Fireworks Displays, Air Shows and Swim Events in Captain of the Port Long Island Sound Zone
| Published date | 08 September 2021 |
| Citation | 86 FR 50260 |
| Record Number | 2021-19148 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 86 Issue 171 (Wednesday, September 8, 2021)
[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
[[Page 50261]]
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.
* * * * *
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
