Special Local Regulation; Great South Bay, Brightwaters, NY, 44273-44275 [2021-17285]

Download as PDF Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations significant effect on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995, 2 U.S.C. 1501 et seq., DEA has determined and certifies that this action would not result in any Federal mandate that may result ‘‘in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year * * *.’’ Therefore, neither a Small Government Agency Plan nor any other action is required under UMRA of 1995. Congressional Review Act This rule is not a major rule as defined by the Congressional Review Act (CRA), 5 U.S.C. 804. However, pursuant to the CRA, DEA is submitting a copy of this final rule to the Government Accountability Office, the House, and the Senate under the CRA. Reporting and recordkeeping requirements. For the reasons set out above, 21 CFR part 1308 is amended as follows: Paperwork Reduction Act of 1995 This action does not impose a new collection of information under the Paperwork Reduction Act of 1995. 44 U.S.C. 3501–3521. This action would not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. List of Subjects in 21 CFR Part 1308 Administrative practice and procedure, Drug traffic control, PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for 21 CFR part 1308 continues to read as follows: ■ Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted. 2. In § 1308.11, redesignate paragraphs (f)(4) through (8) as (f)(5) through (9) and add a new paragraph (f)(4) to read as follows: ■ § 1308.11 * Schedule I. * * (f) * * * * * (4) 4,4′-Dimethylaminorex (4,4′-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine) ........................................................................................................................... * * * * * [Docket Number USCG–2021–0545] To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, 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 Chris.A.Gibson@uscg.mil. SUPPLEMENTARY INFORMATION: RIN 1625–AA08 I. Table of Abbreviations Special Local Regulation; Great South Bay, Brightwaters, NY 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 § Section U.S.C. United States Code ADDRESSES: Anne Milgram, Administrator. [FR Doc. 2021–17052 Filed 8–11–21; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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. lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:14 Aug 11, 2021 Jkt 253001 44273 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 1595 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. E:\FR\FM\12AUR1.SGM 12AUR1 44274 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 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°38′01″ N, 073°13′07″ W; then northby-northwest to a point in position at 40°38′52″ N, 073°13′09″ W; then northby-northwest to a point in position at 40°39′40″ N, 073°13′30″ W; then northby-northwest to a point in position at 40°40′30″ N, 073°14′00″ W; and then north-by-northwest, finishing at Gilbert Park, Brightwaters, NY at position 40°42′25″ N, 073°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. lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 16:14 Aug 11, 2021 Jkt 253001 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). PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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. E:\FR\FM\12AUR1.SGM 12AUR1 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 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: (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 PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS DEPARTMENT OF HOMELAND SECURITY 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– Coast Guard 1. 33 CFR Part 165 2. Add § 100.T01–0545 to read as follows: ■ [Docket Number USCG–2021–0615] lotter on DSK11XQN23PROD with RULES1 § 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°38′01″ N, 073°13′07″ W; then northby-northwest to a point in position at 40°38′52″ N, 073°13′09″ W; then northby-northwest to a point in position at 40°39′40″ N, 073°13′30″ W; then northby-northwest to a point in position at 40°40′30″ N, 073°14′00″ W; and then north-by-northwest, finishing at Gilbert Park, Brightwaters, NY at position 40°42′25″ N, 073°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 nonparticipants 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. VerDate Sep<11>2014 16:14 Aug 11, 2021 Jkt 253001 RIN 1625–AA00 Safety Zone; Ohio River, Owenboro, KY Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone from mile marker 756 to 757 of the Ohio River. The safety zone is needed to protect life and the marine environment from potential hazards created by the Owensboro Fireworks and Bridge Lights show display. This temporary final rule would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative. SUMMARY: This rule is effective from 6 p.m. through 9 p.m. on August 21, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0615 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ DATES: If you have questions on this rule, call or email Petty Officer Christopher Roble, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779–5336, email SECOHV-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 44275 I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § 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. We must establish this safety zone by August 21, 2021, and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. 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 contrary to public interest because immediate action is needed to ensure the safety of the participants and vessels during the Owensboro Fireworks and Bridge Lights show on August 21, 2021. 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 Sector Ohio Valley (COTP) has determined that potential hazards associated with the Owensboro Fireworks and Bridge Lights show on August 21, 2021, will be a safety concern for anyone within a 1.0 mile radius of the fireworks barge. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the Owensboro Fireworks and Bridge Lights show is occurring. IV. Discussion of the Rule This rule establishes a temporary safety zone on the Ohio River, starting at mile marker 756 and ending at 757, extending from bank to bank within the river. The safety zone will be enforced from 6 p.m. through 9 p.m. on August 21, 2021. The duration of the zone is intended to protect personnel, vessels, E:\FR\FM\12AUR1.SGM 12AUR1

Agencies

[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 [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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 https://www.regulations.gov, 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 [email protected].

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