Rule2021-14970
Special Local Regulations; Mystic Sharkfest Swim, Mystic River, Mystic, CT
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 14, 2021
Effective
July 14, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard will issue special local regulations for an annual Mystic Sharkfest Swim event on the Mystic River. This rule is intended to ensure the protection of the maritime public and event participants from the hazards associated with this marine event. Once enforced, these special local regulations would restrict vessels from transiting the regulated area during this annually recurring event.
Full Text
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<title>Federal Register, Volume 86 Issue 132 (Wednesday, July 14, 2021)</title>
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[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37045-37047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14970]
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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: Final rule.
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SUMMARY: The Coast Guard will issue special local regulations for an
annual Mystic Sharkfest Swim event on the Mystic River. This rule is
intended to ensure the protection of the maritime public and event
participants from the hazards associated with this marine event. Once
enforced, these special local regulations would restrict vessels from
transiting the regulated area during this annually recurring event.
DATES: This rule is effective without actual notice July 14, 2021. For
the purposes of enforcement, actual notice will be used from July 18,
2021 until July 14, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0029 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
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 Island Sound; Tel: (203)
468-4565; Email: <a href="/cdn-cgi/l/email-protection#bfdcd7cdd6cc91de91d8d6ddccd0d1ffcaccdcd891d2d6d3"><span class="__cf_email__" data-cfemail="b4d7dcc6ddc79ad59ad3ddd6c7dbdaf4c1c7d7d39ad9ddd8">[email protected]</span></a>.
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 April 13, 2021, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulations; Mystic Sharkfest
Swim, Mystic River, Mystic, CT (86 FR 19169). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this fireworks display. During the comment period that ended
May 13, 2021, we received 0 comments.
The Captain of the Port Long Island Sound (COTP) will 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 regualtion.
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 special local
regulations 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 wold be impracticable and contrary to the public interest
because the special local regulation must be established for the swim
event on July 18, 2021 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 April
13, 2021. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes special local regulations for the annual
Mystic Sharkfest Swim event by adding this event to Table 1 to 33 CFR
100.100. The event will occur on a day in July at a time to be
determined each year. The regulated area will 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. Once enforced on the one day in July each
year, these special local regulations would restrict vessels from
transiting the regulated area. The specific description of this
regulation appears at the end of this document.
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.
[[Page 37046]]
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 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 received 0 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 1-888-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 adding
an annually recurring marine event to the already listed Table in 33
CFR 100.100. 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.
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. In Sec. 100.100, amend Table 1 by inserting item 7.8, in numerical
order, to read as follows:
[[Page 37047]]
Table 1 to Sec. 100.100
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* * * * * * *
7............................................... July
* * * * * * *
7.8 Mystic Sharkfest Swim....................... <bullet> Date: A
single day during
July.
<bullet> Time: To be
determined annually.
<bullet> 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: July 8, 2021.
E. J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-14970 Filed 7-13-21; 8:45 am]
BILLING CODE 9110-04-P
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