Special Local Regulation; Great South Bay, Brightwaters, NY, 44273-44275 [2021-17285]
Download as PDF
<![CDATA[
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]
=======================================================================
-----------------------------------------------------------------------
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
