RIN 1625-AA00

Issuing agencies

Abstract

The Coast Guard is establishing a temporary safety zone for certain navigable waters of Zach's Bay, near Wantagh, NY to protect swimmers, personnel, vessels, and the marine environment from potential hazards created by a swim event at Jones Beach State Park which had originally been scheduled for September 25-26 but was cancelled due to storms. 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

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<title>Federal Register, Volume 91 Issue 203 (Thursday, October 22, 2026)</title>
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[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Rules and Regulations]
[Pages 66641-66643]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21593]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-1295]


RIN 1625-AA00

Safety Zone; Zach's Bay, Wantagh, NY

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of Zach's Bay, near Wantagh, NY to protect 
swimmers, personnel, vessels, and the marine environment from potential 
hazards created by a swim event at Jones Beach State Park which had 
originally been scheduled for September 25-26 but was cancelled due to 
storms. 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. through 4 p.m. on October 24, 
2026.

ADDRESSES: To view available documents, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1295.

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="db889e98979288888b8c96baa9b2b5be9eadbeb5af9baea8b8bcf5b6b2b7">[email&#160;protected]</span></a>.

[[Page 66642]]


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
WGS 84 World Geodetic System

II. Background and Authority

    On September 30, 2026, the Coast Guard received information from 
the New York State Office of Parks, Recreation and Historic 
Preservation that it would sponsor the rescheduled ``IRONMAN 70.3 at 
Jones Beach State Park.'' This event was previously scheduled for 
September 24, 2026, and we had published a temporary final rule 
(docketed USCG-2026-0931) creating a safety zone for the original 
event. That rule, titled ``Safety Zone; Zach's Bay, Wantagh, NY'' was 
published on September 23, 2026 (91 FR 60306). The original event was 
canceled due to poor weather conditions.
    The rescheduled open water swim portion will take place on Zach's 
Bay, near Wantagh, NY. The triathlon will include approximately 2,500 
participants and perhaps as many as 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 from September 30, 2026 and October 24, 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. through 4 p.m. on October 24, 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:


[[Page 66643]]


    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; DHS Delegation No. 00170.1, Revision No. 01.4.


0
2. Add Sec.  165.T01-1295, to read as follows:


Sec.  165.T01-1295  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 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 (206) 815-7273. 
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) Enforcement period. This rule is enforced from 6 a.m. through 4 
p.m. on October 24, 2026.

Paul J. Mangini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Long Island 
Sound.
[FR Doc. 2026-21593 Filed 10-21-26; 8:45 am]
BILLING CODE 9110-04-P


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