Rule2021-19014
Special Local Regulation; Lighthouse Musicfest, Huntington Bay, Long Island, NY
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
September 2, 2021
Effective
September 4, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation of certain navigable waters of Huntington Bay, Long Island, NY, for the Lighthouse Musicfest marine event. This action is necessary to provide the safety of life on these navigable waters during the event scheduled for Saturday, September 4, 2021. This rule will allow the Coast Guard to prohibit vessel traffic in the vicinity of the event and establishes mooring areas and a speed restriction in the designated zone.
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49236-49238]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19014]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0653]
RIN 1625-AA08
Special Local Regulation; Lighthouse Musicfest, Huntington Bay,
Long Island, 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 Huntington Bay, Long Island,
NY, for the Lighthouse Musicfest marine event. This action is necessary
to provide the safety of life on these navigable waters during the
event scheduled for Saturday, September 4, 2021. This rule will allow
the Coast Guard to prohibit vessel traffic in the vicinity of the event
and establishes mooring areas and a speed restriction in the designated
zone.
DATES: This rule is effective from 9:30 a.m. through 7:30 p.m. on
Saturday, September 4, 2021 with a rain date effective from 9:30 a.m.
through 7:30 p.m. on Sunday, September 5, 2021. The rule will only be
subject to enforcement from 9:30 a.m. through 7:30 p.m. on September 4,
2021, unless the event is delayed because of weather conditions in
which case it may be subject to enforcement those same hours on
September 5, 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-
2021-0653 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#cf8ca7bda6bce18ee188a6adbca0a18fbabcaca8e1a2a6a3"><span class="__cf_email__" data-cfemail="094a617b607a2748274e606b7a6667497c7a6a6e27646065">[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. The event sponsor was late in submitting the
marine event application. This late submission did not give the Coast
Guard enough time to publish an NPRM, take public comments, and issue a
final rule before the effective date. It would be impracticable and
contrary to the public interest to delay promulgating this rule, as it
is necessary to protect the safety of waterway users. Further, the
expeditious implementation of this rule is in the public interest
because it will help ensure the safety of spectators and those involved
in the 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
September 4, 2021 to ensure the safety of spectators and vessels during
the 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 extra and unusual hazards exists for
persons or vessels operating within the waters of Huntington Bay, Long
Island, NY with the Lighthouse Musicfest marine event. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the special local regulated area during the
Lighthouse Musicfest marine event.
[[Page 49237]]
IV. Discussion of the Rule
The COTP is establishing two mooring areas and one no wake zone for
this 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 Huntington Bay, Long Island, NY from
9:30 a.m. through 7:30 p.m. on Saturday, September 4, 2021 with a rain
date effective from 9:30 a.m. through 7:30 p.m. on Sunday, September 5,
2021. The rule only be subject to enforcement from 9:30 a.m. through
7:30 p.m. on September 4, 2021, unless the event is delayed because of
weather conditions in which case it may be subject to enforcement those
same hours on September 5, 2021. The temporary special local regulation
will cover speciifc waters of Huntington Bay, NY.
The Lloyd Harbor mooring area, will start at the Huntington
Lighthouse, NY, in position at 40[deg]54'38'' N, 073[deg]25'52'' W;
then southwest to a point in position at 40[deg]54'28.47'' N,
073[deg]26'17.59'' W; then west along the coast of West Neck to a point
in position at 40[deg]54'46.32'' N, 073[deg]26'56.25'' W; then north to
a point in position at 40[deg]54'56.24'' N, 073[deg]26'56.24'' W; then
east along Lloyd Neck to a point in position at 40[deg]54'49.78'' N,
073[deg]26'8.51'' W; then north-northeast along the coast of Lloyd Neck
to a point in position at 40[deg]55'5.58'' N, 073[deg]25'50.22'' W; and
then to point of origin at Huntington Lighthouse, NY in position at
40[deg]54'38'' N, 073[deg]25'52'' W (NAD 83).
The East of Channel mooring area, will start at the point in
position at 40[deg]54'23.21'' N, 073[deg]25'35.55'' W; then west along
the coast of Wincoma, NY to a point in position at 40[deg]54'23'' N,
073[deg]25'55.7'' W; then northeast to a point in position at
40[deg]54'37.7'' N, 073[deg]25'42.4'' W; then southeast to a point in
position at 40[deg]54'34.4'' N, 073[deg]25'29.4'' W; and then to point
of origin in position at 40[deg]54'23.21'' N, 073[deg]25'35.55'' W (NAD
83).
The Slow-No Wake Zone will start at the point in position at
40[deg]55'38.77'' N, 073[deg]25'45.96'' W; then southeast to a point in
position 40[deg]54'51.44'' N, 073[deg]24'17.76'' W; then south-
southwest to a point in position at 40[deg]54'17.65'' N,
073[deg]24'23.71'' W; then west along the coast of the Village of
Huntington Bay and Wincoma, NY to a point in position at 40[deg]54'23''
N, 073[deg]25'55.7'' W; then west-northwest to a point in position at
40[deg]54'27.12'' N, 073[deg]26'26.85'' W; then north-northwest to a
point in position at 40[deg]54'49.78'' N, 073[deg]26'8.51'' W; and then
north along the coast of Lloyd Neck to the point of origin at position
at 40[deg]55'38.77'' N, 073[deg]25'45.96'' W (NAD 83). People are
advised to visit <a href="http://www.huntingtonlighthouse.org/music_fest">www.huntingtonlighthouse.org/music_fest</a> to get visual
chartlet of the temporary special local regulation.
The regulated area is intended to protect personnel, vessels, and
the marine environment in these navigable waters for the duration of
the Lighthouse Musicfest marine event. No vessel or person will be
permitted to anchor, moor, or loiter outside of the established mooring
areas. All persons and vessels within the regulated area are subject to
a ``Slow-No Wake'' speed limit. Vessels within the SLR may not produce
more than a minimum wake and may not attain speeds greater than five
knots unless a higher minimum speed is necessary to maintain
steerageway when traveling with a strong current. In no case may the
wake produced by a vessel within the regulation be such that it creates
a danger of injury to persons or damage to vessels or structures of any
kind unless specified by the COTP or their 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 10 hours and
impacting waters of Huntington Bay, Long Island, NY. Moreover, the
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the SLR and the rule would allow vessels to seek
permission to transit the regulated 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
[[Page 49238]]
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 9:30
a.m. through 7:30 p.m. on September 4, 2021 that will restrict movement
in Huntington Bay, Long Island, NY for the duration of the marine
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.
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.T01-0653 to read as follows:
Sec. 100.T01-0653 Special Local Regulation; Lighthouse Musicfest,
Huntington Bay, Long Island, NY.
(a) Regulated Area. The regulations in this section apply to the
following area: Waters of Huntington Bay, Long Island NY. No persons or
vessels may anchor, moor, or loiter unless in the designated mooring
areas specified below.
(1) The Lloyd Harbor Mooring Area. Beginning at the Huntington
Lighthouse, NY in position at 40[deg]54'38'' N, 073[deg]25'52'' W; then
southwest to a point in position at 40[deg]54'28.47'' N,
073[deg]26'17.59'' W; then west along the coast of West Neck to a point
in position at 40[deg]54'46.32'' N, 073[deg]26'56.25'' W; then north to
a point in position at 40[deg]54'56.24'' N, 073[deg]26'56.24'' W; then
east along Lloyd Neck to a point in position at 40[deg]54'49.78'' N,
073[deg]26'8.51'' W; then north-northeast along the coast of Lloyd Neck
to a point in position at 40[deg]55'5.58'' N, 073[deg]25'50.22'' W; and
then to point of origin at Huntington Lighthouse, NY in position at
40[deg]54'38'' N, 073[deg]25'52'' W.
(2) The East of Channel Mooring Area. Beginning at the point in
position at 40[deg]54'23.21'' N, 073[deg]25'35.55'' W; then west along
the coast of Wincoma, NY to a point in position at 40[deg]54'23'' N,
073[deg]25'55.7'' W; then northeast to a point in position at
40[deg]54'37.7'' N, 073[deg]25'42.4'' W; then southeast to a point in
position at 40[deg]54'34.4'' N, 073[deg]25'29.4'' W; and then to point
of origin in position at 40[deg]54'23.21'' N, 073[deg]25'35.55'' W.
(3) Slow-No Wake Area. Beginning at the point in position at
40[deg]55'38.77'' N, 073[deg]25'45.96'' W; then southeast to a point in
position 40[deg]54'51.44'' N, 073[deg]24'17.76'' W; then south-
southwest to a point in position at 40[deg]54'17.65'' N,
073[deg]24'23.71'' W; then west along the coast of the Village of
Huntington Bay and Wincoma, NY to a point in position at 40[deg]54'23''
N, 073[deg]25'55.7'' W; then west-northwest to a point in position at
40[deg]54'27.12'' N, 073[deg]26'26.85'' W; then north-northwest to a
point in position at 40[deg]54'49.78'' N, 073[deg]26'8.51'' W; and then
north along the coast of Lloyd Neck to the point of origin at position
at 40[deg]55'38.77'' N, 073[deg]25'45.96'' W. All 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 persons and vessels are prohibited from
anchoring, mooring, or loitering outside the designated mooring areas
and are subject to a ``Slow-No Wake'' speed limit. Vessels within the
regulated area described in paragraph (a)(3) of this section may not
produce more than a minimum wake and may not attain speeds greater than
five knots unless a higher minimum speed is necessary to maintain
steerageway when traveling with a strong current. In no case may the
wake produced by a vessel within the ``Slow-No Wake'' area be such that
it creates a danger of injury to persons or damage to vessels or
structures unless specified by the COTP or their 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
persons 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 9:30
a.m. to 7:30 p.m. on September 4, 2021 with a rain date that may be
enforced from 9:30 a.m. to 7:30 p.m. on September 5, 2021. A Broadcast
Notice to Mariners will let persons know the actual date of the
enforcement period.
Dated: August 27, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-19014 Filed 9-1-21; 8:45 am]
BILLING CODE 9110-04-P
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