Safety Zones; Fireworks Displays, Air Shows and Swim Events in Captain of the Port Long Island Sound Zone, 31456-31459 [2021-12401]

Download as PDF 31456 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules (1) For airplanes having S/N 5301 through 5665 inclusive: Bombardier Service Bulletin 604–32–030, dated June 30, 2020. (2) For airplanes having S/N 5701 through 5988 inclusive: Bombardier Service Bulletin 605–32–007, dated June 30, 2020. (3) For airplanes having S/N 6050 through 6999 inclusive: Bombardier Service Bulletin 650–32–004, dated June 30, 2020. lotter on DSK11XQN23PROD with PROPOSALS1 (h) Repetitive Detailed Visual Inspections (DVI) At the applicable compliance time specified in paragraphs (h)(1) through (3) of this AD, perform the DVI for cracking and damage of the LH and RH MLG shock strut lower pins having part number (P/N) 19146– 3, in accordance with paragraph 2.C., ‘‘Part B,’’ of the Accomplishment Instructions of the applicable service bulletin, as specified in paragraphs (g)(1) through (3) of this AD. Repeat thereafter at intervals not to exceed 400 FH or 24 months, whichever occurs first. If the DVI coincides with a non-destructive testing (NDT) inspection required by paragraph (i) of this AD, the NDT inspection supersedes the DVI for that interval only. If the accumulated flight cycles (FC) of the MLG shock strut lower pin are not known, use the related MLG assembly accumulated FC to determine when to accomplish the actions required by this paragraph. (1) For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before the effective date of this AD and on which an MLG shock strut lower pin has accumulated fewer than 600 total FC on the pin as of the effective date of this AD: Before the accumulation of 750 total FC on the pin. (2) For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before the effective date of this AD and on which an MLG shock strut lower pin has accumulated 600 total FC or more on the pin as of the effective date of this AD: Within 150 FC after the effective date of this AD. (3) For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued after the effective date of this AD: Before the accumulation of 750 total FC. (i) Repetitive NDT Inspection At the applicable compliance time specified in paragraphs (i)(1) through (4) of this AD: Perform the NDT for cracking and damage of the LH and RH MLG shock strut lower pins having P/N 19146–3, in accordance with paragraph 2.D., ‘‘Part C,’’ of the Accomplishment Instructions of the applicable service bulletin, as specified in paragraphs (g)(1) through (3) of this AD. Repeat thereafter at intervals not to exceed 900 FC. If the accumulated FC of the MLG shock strut lower pin is not known, use the related MLG assembly accumulated FC to determine when to accomplish the actions required by this paragraph. (1) For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before the effective date of this AD and on which an MLG shock strut lower pin has accumulated fewer than 1,200 total FC on the VerDate Sep<11>2014 16:49 Jun 11, 2021 Jkt 253001 pin as of the effective date of this AD: Before the accumulation of 1,500 total FC on the pin. (2) For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before the effective date of this AD and on which an MLG shock strut lower pin has accumulated 1,200 total FC or more but fewer than 2,000 total FC on the pin as of the effective date of this AD: Within 300 FC after the effective date of this AD, or before the accumulation of 2,200 total FC on the pin, whichever occurs first. (3) For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before the effective date of this AD and on which an MLG shock strut lower pin that has accumulated 2,000 total FC or more on the pin as of the effective date of this AD: Within 200 FC after the effective date of this AD. (4) For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued after the effective date of this AD: Before the accumulation of 1,500 total FC. (j) Replacement If, during any inspection required by this AD, any crack or damage of the MLG shock strut lower pin is detected, before further flight, replace the affected MLG shock strut lower pin with a new part in accordance with paragraph 2.E., ‘‘Part D,’’ of the Accomplishment Instructions of the applicable service bulletin, as specified in paragraphs (g)(1) through (3) of this AD. (k) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) TCCA AD CF–2020–54R1, dated December 23, 2020, for related information. This MCAI may be PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0462. (2) For more information about this AD, contact Chirayu Gupta, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228– 7300; fax 516–794–5531; email 9-avs-nyacocos@faa.gov. (3) For service information identified in this AD, contact Bombardier, Inc., 200 CoˆteVertu Road West, Dorval, Que´bec H4S 2A3, Canada; North America toll-free telephone 1– 866–538–1247 or direct-dial telephone 1– 514–855–2999; email ac.yul@ aero.bombardier.com; internet https:// www.bombardier.com. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued on June 8, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–12351 Filed 6–11–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0135] RIN 1625–AA00 Safety Zones; Fireworks Displays, Air Shows and Swim Events in Captain of the Port Long Island Sound Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to add one safety zone for the Dolan Family Labor Day Fireworks event on Oyster Bay, NY, and remove six other annual recurring marine events in Coast Guard Sector Long Island Sound’s Captain of the Port Zone. This proposed rule is intended to expedite public information and to ensure the protection of the maritime public and event participants from the hazards associated with certain marine events. When enforced, the safety zones would restrict vessels from transiting the regulated area during annually recurring events. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before July 14, 2021. SUMMARY: E:\FR\FM\14JNP1.SGM 14JNP1 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules You may submit comments identified by docket number USCG– 2021–0135 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Marine Science Technician 1st Class Chris Gibson, Waterways Management Division, Sector Long Island Sound; Tel: (203) 468–4565; Email: chris.a.gibson@ uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations lotter on DSK11XQN23PROD with PROPOSALS1 CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis Marine events are held on an annual recurring basis on the navigable waters within the Coast Guard Sector Long Island Sound Captain of the Port (COTP) Zone. The Coast Guard has established safety zones for some of these annually recurring events on a case by case basis to ensure the protection of the maritime public and event participants from potential hazards. Regulations establishing safety zones to restrict vessel traffic are located in part 165 of Title 33 of the Code of Federal Regulations. Section 165.151 in part 165 establishes safety zones to ensure the safety and security of marine related events, participants, and spectators in Sector Long Island Sound’s area of responsibility. The COTP of Long Island Sound proposes to amend Table 1 and 2 of 33 CFR 165.151 Safety Zones; Fireworks Displays, Air Shows, and Swim Events in the COTP Long Island Zone because updating the recurring events will considerably reduce administrative overhead and provide the public with notice through publication in the Federal Register of the upcoming recurring safety zone. The Secretary of Homeland Security has delegated to the Coast Guard authority under section 70041 of Title 46 of the U.S. Code (46 U.S.C. 70041) to issue these regulations. III. Discussion of Proposed Rule The Coast Guard proposes to establish a safety zone for the annual Dolan VerDate Sep<11>2014 16:49 Jun 11, 2021 Jkt 253001 Family Labor Day Fireworks event by adding this event to Table 1 to CFR 165.151. The event would occur on a single day in September at a time to be determined. The regulated area would encompass waters of Long Island Sound off of Oyster Bay, NY. When enforced on the single day in September each year, this safety zone would restrict vessels from transiting the regulated area. The specific proposed description of this proposed regulation appears at the end of this document. Additionally, this rulemaking proposes to update Table 1 and 2 to CFR 165.151 by removing six events that no longer take place. The Coast Guard proposes to remove event 5.1 Jones Beach Air Show safety zone from Table 1 and remove five events from Table 2: (1) 1.1 Swim Across the Sound; (2) 1.3 Maggie Fischer Memorial Great South Bay Cross Bay Swim; (3) 1.4 Waves of Hope Swim; (4) 1.5 Stonewall Swim; and (5) 1.6 Swim Across America Greenwich safety zones. IV. Regulatory Analyses We developed this proposed 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 NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, location, duration, and time-of-day of the established safety zones. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners vis VHF–FM marine channel 16 about the safety zone 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 31457 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 proposed rule would 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 IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would not E:\FR\FM\14JNP1.SGM 14JNP1 31458 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules 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. If you believe this proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves adding and removing an annually recurring marine event in Table 1 in 33 CFR 165.151 and removing five recurring marine events from Table 2 in 33 CFR 165.151. Normally such actions are categorically excluded from further review under paragraph L60(a) and L60(b) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A preliminary Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. Comments we post to https:// www.regulations.gov will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Documents mentioned in this NPRM as being available in the docket, and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. If you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 is proposing to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1 2. Amend Table 1 in § 165.151 by inserting item 9.7, in numerical order, to read as follows: ■ § 165.151 Safety Zones; Fireworks Displays, Air Shows and Swim Events in the Captain of the Port Long Island Sound Zone. * * * * * TABLE 1 TO § 165.151 * 9 * * * * September • Date: A single day event in September. • Location: Waters of Oyster Bay Harbor in Long Island Sound off Oyster Bay, NY in approximate position 40°53′43.50″ N, 073°30′06.85″ W. Dolan Family Labor Day Fireworks ................................................. * § 165.151 ■ * * * * 9.7 lotter on DSK11XQN23PROD with PROPOSALS1 * * * [Amended] 16:49 Jun 11, 2021 * a. Removing in Table 1 item 5.1 Jones Beach Air Show; ■ 3. Amend § 165.151 by: VerDate Sep<11>2014 * Jkt 253001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 * * b. Removing in Table 2 items 1.1 Swim Across the Sound, 1.3 Maggie Fischer Memorial Great South Bay Cross ■ E:\FR\FM\14JNP1.SGM 14JNP1 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules Bay Swim, 1.4 Waves of Hope Swim, 1.5 Stonewall Swim and 1.6 Swim Across America Greenwich. NPRM Notice of proposed rulemaking § Section U.S.C. United States Code Dated: April 29, 2021. E.J. Van Camp, Captain, U.S. Coast Guard, Captain of the Port Long Island Sound. II. Background, Purpose, and Legal Basis AGENCY: On May 26, 2010 the Coast Guard published a Notice of Proposed Rulemaking (NPRM) prosposing to, among other things, establish a security zone for the Sabine Pass LNG mooring basin located in Cameron Parish, LA while LNG carriers are moored at the facility. On October 22, 2010 the Coast Guard issued an interim rule for the proposed security zone and on January 11, 2011 the Coast Guard published a final rule for the security zone. Sabine Pass LNG is constructing a second mooring basin adjacent to the first and the COTP has determined that enhanced security measures are necessary and requires extending the existing security zone to include the new mooring basin. ACTION: III. Discussion of Proposed Rule [FR Doc. 2021–12401 Filed 6–11–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0120] RIN 1625–AA87 Security Zones; Sabine Pass Channel, Cameron, LA Coast Guard, DHS. Proposed rule. The Coast Guard is proposing to establish a permanent security zone within a new mooring basin at the Sabine Pass LNG facility in Cameron, LA. This proposed rule would prohibit persons and vessels from entering the security zone unless authorized by the Captain of the Port, Port Arthur or a designated representative. Additionally, the Coast Guard proposes to improve the language describing the area and to correct a geographical error. We invite your comments on this proposed rulemaking. SUMMARY: Comments and related material must be received by the Coast Guard on or before July 14, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0120 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. DATES: If you have questions about this proposed rulemaking, call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S. Coast Guard; telephone 409–719– 5080, email scott.k.whalen@uscg.mil. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with PROPOSALS1 FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port, Port Arthur DHS Department of Homeland Security FR Federal Register LNG Liquified Natural Gas VerDate Sep<11>2014 16:49 Jun 11, 2021 Jkt 253001 The COTP is proposing to establish a permanent security zone in a new mooring basin at Sabine Pass LNG located in Cameron, LA. The security zone regulations would be the same as those in effect for the existing mooring basin, that is, it would exclude certain vessels from entering the basin whenever an LNG carrier is moored at the facility. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. Additionally, the Coast Guard proposes to improve the language describing the area and to correct a geographical error in the CFR. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed 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 NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB). PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 31459 This regulatory action determination is based on the limited size and that the affected area does not hinder or delay regular vessel traffic. Certain vessels with business in the mooring basin will be authorized to enter. 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the secutiy zone may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this proposed rule would economically affect it. 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 proposed rule. If the proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would 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 E:\FR\FM\14JNP1.SGM 14JNP1

Agencies

[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Proposed Rules]
[Pages 31456-31459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12401]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0135]
RIN 1625-AA00


Safety Zones; Fireworks Displays, Air Shows and Swim Events in 
Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to add one safety zone for the 
Dolan Family Labor Day Fireworks event on Oyster Bay, NY, and remove 
six other annual recurring marine events in Coast Guard Sector Long 
Island Sound's Captain of the Port Zone. This proposed rule is intended 
to expedite public information and to ensure the protection of the 
maritime public and event participants from the hazards associated with 
certain marine events. When enforced, the safety zones would restrict 
vessels from transiting the regulated area during annually recurring 
events. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 14, 2021.

[[Page 31457]]


ADDRESSES: You may submit comments identified by docket number USCG-
2021-0135 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Marine Science Technician 1st Class 
Chris Gibson, Waterways Management Division, Sector Long Island Sound; 
Tel: (203) 468-4565; Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Marine events are held on an annual recurring basis on the 
navigable waters within the Coast Guard Sector Long Island Sound 
Captain of the Port (COTP) Zone. The Coast Guard has established safety 
zones for some of these annually recurring events on a case by case 
basis to ensure the protection of the maritime public and event 
participants from potential hazards.
    Regulations establishing safety zones to restrict vessel traffic 
are located in part 165 of Title 33 of the Code of Federal Regulations. 
Section 165.151 in part 165 establishes safety zones to ensure the 
safety and security of marine related events, participants, and 
spectators in Sector Long Island Sound's area of responsibility. The 
COTP of Long Island Sound proposes to amend Table 1 and 2 of 33 CFR 
165.151 Safety Zones; Fireworks Displays, Air Shows, and Swim Events in 
the COTP Long Island Zone because updating the recurring events will 
considerably reduce administrative overhead and provide the public with 
notice through publication in the Federal Register of the upcoming 
recurring safety zone.
    The Secretary of Homeland Security has delegated to the Coast Guard 
authority under section 70041 of Title 46 of the U.S. Code (46 U.S.C. 
70041) to issue these regulations.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone for the annual 
Dolan Family Labor Day Fireworks event by adding this event to Table 1 
to CFR 165.151. The event would occur on a single day in September at a 
time to be determined. The regulated area would encompass waters of 
Long Island Sound off of Oyster Bay, NY. When enforced on the single 
day in September each year, this safety zone would restrict vessels 
from transiting the regulated area. The specific proposed description 
of this proposed regulation appears at the end of this document.
    Additionally, this rulemaking proposes to update Table 1 and 2 to 
CFR 165.151 by removing six events that no longer take place. The Coast 
Guard proposes to remove event 5.1 Jones Beach Air Show safety zone 
from Table 1 and remove five events from Table 2: (1) 1.1 Swim Across 
the Sound; (2) 1.3 Maggie Fischer Memorial Great South Bay Cross Bay 
Swim; (3) 1.4 Waves of Hope Swim; (4) 1.5 Stonewall Swim; and (5) 1.6 
Swim Across America Greenwich safety zones.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the established safety zones. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
vis VHF-FM marine channel 16 about the safety zone 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not

[[Page 31458]]

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. If you believe this proposed rule has 
implications for federalism or Indian tribes, please call or email the 
person listed in the FOR FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves adding and 
removing an annually recurring marine event in Table 1 in 33 CFR 
165.151 and removing five recurring marine events from Table 2 in 33 
CFR 165.151. Normally such actions are categorically excluded from 
further review under paragraph L60(a) and L60(b) of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record 
of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive. If you go to the online docket and sign up for email alerts, 
you will be notified when comments are posted or a final rule is 
published.

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 is 
proposing to amend 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1

0
2. Amend Table 1 in Sec.  165.151 by inserting item 9.7, in numerical 
order, to read as follows:


Sec.  165.151   Safety Zones; Fireworks Displays, Air Shows and Swim 
Events in the Captain of the Port Long Island Sound Zone.

* * * * *

                        Table 1 to Sec.   165.151
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
9 * * *                                             September
------------------------------------------------------------------------
9.7 Dolan Family Labor Day Fireworks...   Date: A single day
                                          event in September.
                                          Location: Waters of
                                          Oyster Bay Harbor in Long
                                          Island Sound off Oyster Bay,
                                          NY in approximate position
                                          40[deg]53'43.50'' N,
                                          073[deg]30'06.85'' W.
 
                              * * * * * * *
------------------------------------------------------------------------

Sec.  165.151  [Amended]

0
3. Amend Sec.  165.151 by:
0
a. Removing in Table 1 item 5.1 Jones Beach Air Show;
0
b. Removing in Table 2 items 1.1 Swim Across the Sound, 1.3 Maggie 
Fischer Memorial Great South Bay Cross

[[Page 31459]]

Bay Swim, 1.4 Waves of Hope Swim, 1.5 Stonewall Swim and 1.6 Swim 
Across America Greenwich.

    Dated: April 29, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-12401 Filed 6-11-21; 8:45 am]
BILLING CODE 9110-04-P
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