Rule2021-17285
Special Local Regulation; Great South Bay, Brightwaters, NY
Primary source
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Published
August 12, 2021
Effective
August 12, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 153 (Thursday, August 12, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#397a514b504a1778177e505b4a5657794c4a5a5e17545055"><span class="__cf_email__" data-cfemail="97d4ffe5fee4b9d6b9d0fef5e4f8f9d7e2e4f4f0b9fafefb">[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
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]
BILLING CODE 9110-04-P
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