Rule2026-19429
Safety Zone; Zach's Bay, Wantagh, 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 23, 2026
Effective
September 25, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters of Zach's Bay, near Wantagh, NY. The safety zone is needed to protect swimmers, personnel, vessels, and the marine environment from potential hazards created by a swim event at Jones Beach State Park. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Long Island Sound, or their designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 183 (Wednesday, September 23, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 183 (Wednesday, September 23, 2026)]
[Rules and Regulations]
[Pages 60306-60308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19429]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0931]
RIN 1625-AA00
Safety Zone; Zach's Bay, Wantagh, NY
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Zach's Bay, near Wantagh, NY. The safety
zone is needed to protect swimmers, personnel, vessels, and the marine
environment from potential hazards created by a swim event at Jones
Beach State Park. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port,
Sector Long Island Sound, or their designated representative.
DATES: This rule is effective from 6 a.m. on September 25, 2026,
through 4 p.m. on September 26, 2026. The rule will only be subject to
enforcement, however, from 6 a.m. until 4 p.m. on September 25, 2026,
and again during those same hours on September 26, 2026.
ADDRESSES: To view available documents, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0931.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MST2 Tammy Zhong, Sector Long Island Sound Waterways Management
Division, U.S. Coast Guard; telephone 866-299-8031, or email
<a href="/cdn-cgi/l/email-protection#abf8eee8e7e2f8f8fbfce6cad9c2c5ceeeddcec5dfebded8c8cc85c6c2c7"><span class="__cf_email__" data-cfemail="c39086808f8a909093948ea2b1aaada686b5a6adb783b6b0a0a4edaeaaaf">[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
[[Page 60307]]
U.S.C. United States Code
WGS84 World Geodetic System
II. Background and Authority
On June 16, 2026, the Coast Guard received information from New
York State Office of Parks, Recreation and Historic Preservation that
they will be sponsoring the ``IRONMAN 70.3 at Jones Beach State Park.''
The open water swim portion will take place on Zach's Bay, near
Wantagh, NY. The triathlon will include approximately 3,000
participants and the possibility of up to 10,000 spectators. The
Captain of the Port, Sector Long Island Sound (COTP) has determined
that potential hazards associated with the open water swim, such as the
possibility that a vessel will hit a swimmer, are a safety concern for
anyone within the area where the open water swim will take place. The
COTP is issuing this rule under the authority in 46 U.S.C. 70034, to
protect swimmers, personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the event is occurring.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 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
to take and consider comments and publish a final rule within the time
available prior to September 25, 2026, the date the rule must be in
place to protect swimmers, personnel, vessels, and the marine
environment.
For the same reason, the Coast Guard also finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
III. Discussion of the Rule
This rule establishes a safety zone in the Zach's Bay, near
Wantagh, NY, area from 6 a.m. on September 25, 2026, through 4 p.m. on
September 26, 2026. It will only be subject to enforcement, however,
from 6 a.m. until 4 p.m. on September 25, 2026, and again during those
same hours on September 26, 2026. The safety zone will cover all
navigable waters of Zach's Bay south of a line connecting a point near
the western entrance to Zach's Bay in position at 40[deg]36'28.47'' N,
073[deg]29'21.01'' W and 40[deg]36'26.78'' N, 073[deg]28'52.06'' W, and
south of a line connecting a point near the eastern entrance of the bay
in position at 40[deg]36'32.18'' N, 073[deg]28'37.45'' W and
40[deg]36'32.65'' N, 073[deg]28'21.00'' W. These coordinates are based
on the World Geodetic System (WGS 84). Vessels and persons will not be
allowed to enter the zone during this time, unless authorized by the
COTP.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 et seq.), 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 is a safety zone. It is categorically excluded from
further review under paragraph L60(a) 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.
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 amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T01-0931 to read as follows:
Sec. 165.T01-0931 Safety Zone; Zach's Bay, Wantagh, NY.
(a) Location. The following area is a safety zone: All navigable
waters of Zach's Bay south of a line connecting a point near the
western entrance to Zach's Bay in position at 40[deg]36'28.47'' N,
073[deg]29'21.01'' W and 40[deg]36'26.78'' N, 073[deg]28'52.06'' W, and
south of a line connecting a point near the eastern entrance of the bay
in position at 40[deg]36'32.18'' N, 073[deg]28'37.45'' W and
40[deg]36'32.65'' N, 073[deg]28'21.00'' W. These
[[Page 60308]]
coordinates are based on the World Geodetic System (WGS 84).
(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
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at (866) 299-8031.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Effective dates and Enforcement period. This rule is effective
from 6 a.m. on September 25, 2026, through 4 p.m. on September 26,
2026. It will only be subject to enforcement, however, from 6 a.m.
until 4 p.m. on September 25, 2026, and again during those same hours
on September 26, 2026.
Paul J. Mangini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Long Island
Sound.
[FR Doc. 2026-19429 Filed 9-22-26; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 23, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.