Safety Zones; Fireworks Displays, Air Shows and Swim Events in Captain of the Port Long Island Sound Zone, 50260-50263 [2021-19148]
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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations
(2) Use a competitive process for
selecting Native businesses and Native
entrepreneurs to participate in the
business incubator; however, awardees
may still offer technical assistance and
advice to Native businesses and Native
entrepreneurs on a walk-in basis;
(3) Provide physical workspace that
permits Native businesses and Native
entrepreneurs to conduct business and
collaborate with other Native businesses
and Native entrepreneurs;
(4) Provide entrepreneurship and
business skills training and education to
Native businesses and Native
entrepreneurs including:
(i) Financial education, including
training and counseling in:
(A) Applying for and securing
business credit and investment capital;
(B) Preparing and presenting financial
statements; and
(C) Managing cash flow and other
financial operations of a business;
(ii) Management education, including
training and counseling in planning,
organization, staffing, directing, and
controlling each major activity or
function of a business or startup; and
(iii) Marketing education, including
training and counseling in:
(A) Identifying and segmenting
domestic and international market
opportunities;
(B) Preparing and executing marketing
plans;
(C) Locating contract opportunities;
(D) Negotiating contracts; and
(E) Using varying public relations and
advertising techniques;
(5) Provide direct mentorship or
assistance finding mentors in the
industry in which the Native business
or Native entrepreneur operates or
intends to operate; and
(6) Provide access to networks of
potential investors, professionals in the
same or similar fields, and other
business owners with similar
businesses.
(b) Each awardee must leverage
technology to the maximum extent
practicable to provide Native businesses
and Native entrepreneurs with access to
the connectivity tools needed to
compete and thrive in 21st-century
markets.
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§ 1187.45
submit?
What reports must the awardee
(a) Not later than one year after the
date OIED awards the grant, and then
annually for the duration of the grant,
the awardee must submit to OIED a
report describing the services the
awardee provided under the IBIP during
the preceding year, including:
(1) A detailed breakdown of the
Native businesses and Native
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entrepreneurs receiving services from
the business incubator, including, for
the year covered by the report:
(i) The number of Native businesses
and Native entrepreneurs participating
in or receiving services from the
business incubator and the types of
services provided to those Native
businesses and Native entrepreneurs;
(ii) The number of Native businesses
and Native entrepreneurs established
and jobs created or maintained; and
(iii) The performance of Native
businesses and Native entrepreneurs
while participating in the business
incubator and after graduation or
departure from the business incubator;
and
(2) Any other information the
Secretary may require to evaluate the
performance of a business incubator to
ensure appropriate implementation of
the IBIP.
(b) To the maximum extent
practicable, OIED will not require an
awardee to report the information listed
in paragraph (a) of this section that the
awardee provides to OIED under
another program.
(c) OIED will coordinate with the
heads of other Federal agencies to
ensure that, to the maximum extent
practicable, the report content and form
under paragraph (a) of this section are
consistent with other reporting
requirements for Federal programs that
provide business and entrepreneurial
assistance.
Subpart F—OIED Grant Administration
§ 1187.50 How will OIED evaluate
awardees’ performance?
Not later than one year after the date
on which OIED awards a grant to an
eligible applicant under the IBIP, and
annually thereafter for the duration of
the grant, OIED will conduct an
evaluation of, and prepare a report on,
the awardee, which will:
(a) Describe the performance of the
eligible applicant; and
(b) Be used in determining the
ongoing eligibility of the eligible
applicant.
§ 1187.51 Will OIED facilitate relationships
between awardees and educational
institutions serving Native American
communities?
OIED will facilitate the relationships
between awardees and educational
institutions serving Native American
communities, including Tribal colleges
and universities.
§ 1187.52 How will OIED coordinate with
other Federal agencies?
OIED will coordinate with the
Secretaries of Agriculture, Commerce,
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and Treasury, and the Administrator of
the Small Business Administration to
ensure, to the maximum extent
practicable, that awardees have the
information and materials they need to
provide Native businesses and Native
entrepreneurs with the information and
assistance necessary to apply for
business and entrepreneurial
development programs administered by
those agencies.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2021–18736 Filed 9–7–21; 8:45 am]
BILLING CODE 4337–15–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.
Final rule.
AGENCY:
ACTION:
The Coast Guard will 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 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.
DATES: This rule is effective without
actual notice September 8, 2021. For the
purposes of enforcement, actual notice
will be used from September 6, 2021
until September 8, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0135 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email Marine Science Technician 1st
Class Chris Gibson, Waterways
Management Division, Sector Long
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations
Island Sound; Tel: (203) 468–4565;
Email: chris.a.gibson@uscg.mil.
IV. Discussion of Comments, Changes,
and the Rule
SUPPLEMENTARY INFORMATION:
As noted above, we received no
comments on our NPRM published June
14, 2021. There are no changes in the
regulatory text of this rule from the
proposed rule.
This rule establishes a safety zone for
the annual Dolan Family Labor Day
Fireworks event by adding this event to
Table 1 to 33 CFR 165.151. The event
will occur on a day in September at a
time to be determined each year. The
regulated area will encompass waters of
Long Island Sound off of Oyster Bay,
NY. When enforced on the single day in
September each year, this safety zone
will restrict vessels from transiting the
regulated area. When enforced on the
one day in September each year, these
safety zones will restrict vessels from
transiting the regulated area. The
specific description of this regulation
appears at the end of this document.
Additionally, this rulemaking updates
Table 1 and 2 to CFR 165.151 by
removing six events that no longer take
place. The Coast Guard will 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.
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On June 14, 2021, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Safety Zones;
Fireworks Displays, Air Shows and
Swim Events in the Captain of the Port
Long Island Sound Zone (86 FR 31456).
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
fireworks displays and other marine
events no longer held. We received no
comments during the comment period
that ended July 14, 2021.
The Captain of the Port Long Island
Sound (COTP) will amend Table 1 and
2 to 33 CFR 165.151 Safety Zones;
Fireworks Displays, Air Shows and
Swim Events in the Captain of the Port
Long Island Sound Zone because adding
a single recurring marine event and
removing six marine events that no
longer occur will considerably reduce
administrative overhead and provide
the public with notice through
publication in the Federal Register of
the upcoming recurring safety zone.
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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 COTP
has determined that potential hazards
associated with this annual recurring
event will be a safety concern for
anyone within the area where the
fireworks display will commence. The
purpose of this rule is to ensure safety
of vessels and the navigable waters in
the safety zone before, during, and after
the scheduled 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 safety zone must be established by
September 6, 2021, for the Dolan Family
Labor Day Fireworks display to mitigate
the potential safety hazards.
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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 on the size, location,
duration, and time-of-day of the safety
zone. This rule establishes a safety zone
for the annual Dolan Family Labor Day
Fireworks event. The regulated area will
encompass a 500′ radius at approximate
point of 40°53′43.90″ N, 73°30′06.85″ W
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navigable waters of Oyster Bay near
Oyster Bay, NY. When enforced on the
single day in September each year, this
safety zone would restrict vessels from
transiting the regulated area. Once
enforced on the one day in September
each year, these safety zones would
restrict vessels from transiting the
regulated area. The Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule will allow vessels to
seek permission to enter the zone.
Additionally, this rulemaking updates
Table 1 and 2 to CFR 165.151 by
removing six events that no longer take
place.
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 received no comments
from the Small Business Administration
on this rulemaking. 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 safety
zone 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–
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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations
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).
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
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
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 an annual recurring safety
zone for a firework display and
removing six other various marine
events in Coast Guard Sector Long
Island Sound’s Captain of the Port Zone.
It is categorically excluded from further
review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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 165
Harbors, Marine Safety, Navigation
(water), Reporting and Recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS ANS 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, Revision No. 01.2.
2. Amend § 165.151 by:
a. In Table 1 to § 165.151 removing
item ‘‘5.1 Jones Beach Air Show’’ and
adding item ‘‘9.7 Dolan Family Labor
Day Fireworks’’; and
■ b. In Table 2 to § 165.151 removing
items ‘‘1.1 Swim Across the Sound’’,
‘‘1.3 Maggie Fischer Memorial Great
South Bay Cross Bay Swim’’, ‘‘1.4
Waves of Hope Swim’, ‘‘1.5 Stonewall
Swim’’, and ‘‘1.6 Swim Across America
Greenwich’’.
The addition reads as follows:
■
■
§ 165.151 Safety Zones; Fireworks
Displays, Air Shows and Swim Events in the
Captain of the Port Long Island Sound
Zone.
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TABLE 1 TO § 165.151
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• 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. The regulated area for this fireworks displays is that area of navigable waters within a 500 foot radius of the launch platform or launch site for each fireworks display.
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September
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9.7 Dolan Family Labor Day Fireworks.
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Dated: August 27, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the
Port Long Island Sound.
[FR Doc. 2021–19148 Filed 9–7–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 402, 403, 411, 412, 422,
423, 460, 483, 488, and 493
[CMS–6076–RCN3]
RIN 0991–AC07
Medicare and Medicaid Programs;
Adjustment of Civil Monetary Penalties
for Inflation; Continuation of
Effectiveness and Extension of
Timeline for Publication of the Final
Rule
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Continuation of effectiveness
and extension of timeline for
publication of the final rule.
AGENCY:
This document announces the
continuation of, effectiveness of, and the
extension of the timeline for publication
of a final rule. We are issuing this
document in accordance with the Social
Security Act (the Act), which allows an
interim final rule to remain in effect
after the expiration of the timeline
specified in the Act if the Secretary
publishes a notice of continuation
explaining why we did not comply with
the regular publication timeline.
DATES: Effective September 3, 2021, the
Medicare provisions adopted in the
interim final rule published on
September 6, 2016 (81 FR 61538)
continue in effect and the regular
timeline for publication of the final rule
is extended for an additional year, until
September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Steve Forry (410) 786–1564 or Jaqueline
Cipa (410) 786–3259.
SUPPLEMENTARY INFORMATION: Section
1871(a) of the Social Security Act (the
Act) sets forth certain procedures for
promulgating regulations necessary to
carry out the administration of the
insurance programs under Title XVIII of
the Act. Section 1871(a)(3)(A) of the Act
requires the Secretary, in consultation
with the Director of the Office of
Management and Budget (OMB), to
establish a regular timeline for the
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SUMMARY:
VerDate Sep<11>2014
16:25 Sep 07, 2021
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publication of final regulations based on
the previous publication of a proposed
rule or an interim final rule. In
accordance with section 1871(a)(3)(B) of
the Act, such timeline may vary among
different rules, based on the complexity
of the rule, the number and scope of the
comments received, and other relevant
factors. However, the timeline for
publishing the final rule, cannot exceed
3 years from the date of publication of
the proposed or interim final rule,
unless there are exceptional
circumstances. After consultation with
the Director of OMB, the Secretary
published a notice, which appeared in
the December 30, 2004 Federal Register
on (69 FR 78442), establishing a general
3-year timeline for publishing Medicare
final rules after the publication of a
proposed or interim final rule.
Section 1871(a)(3)(C) of the Act states
that upon expiration of the regular
timeline for the publication of a final
regulation after opportunity for public
comment, a Medicare interim final rule
shall not continue in effect unless the
Secretary publishes a notice of
continuation of the regulation that
includes an explanation of why the
regular timeline was not met. Upon
publication of such notice, the regular
timeline for publication of the final
regulation is treated as having been
extended for 1 additional year.
On September 6, 2016 Federal
Register (81 FR 61538), the Department
of Health and Human Services (HHS)
issued a department-wide interim final
rule titled ‘‘Adjustment of Civil
Monetary Penalties for Inflation’’ that
established new regulations at 45 CFR
part 102 to adjust for inflation the
maximum civil monetary penalty
amounts for the various civil monetary
penalty authorities for all agencies
within the Department. HHS took this
action to comply with the Federal Civil
Penalties Inflation Adjustment Act of
1990 (the Inflation Adjustment Act) (28
U.S.C. 2461 note 2(a)), as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (section 701 of the Bipartisan
Budget Act of 2015, (Pub. L. 114–74),
enacted on November 2, 2015). In
addition, this September 2016 interim
final rule included updates to certain
agency-specific regulations to reflect the
new provisions governing the
adjustment of civil monetary penalties
for inflation in 45 CFR part 102.
One of the purposes of the Inflation
Adjustment Act (see section 2(b)(1)) was
to create a mechanism to allow for
regular inflationary adjustments to
federal civil monetary penalties. The
2015 amendments removed an inflation
update exclusion that previously
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50263
applied to the Social Security Act as
well as to the Occupational Safety and
Health Act. The 2015 amendments also
‘‘reset’’ the inflation calculations by
excluding prior inflationary adjustments
under the Inflation Adjustment Act and
requiring agencies to identify, for each
penalty, the year and corresponding
amount(s) for which the maximum
penalty level or range of minimum and
maximum penalties was established
(that is, originally enacted by Congress)
or last adjusted other than pursuant to
the Inflation Adjustment Act. In
accordance with section 4 of the
Inflation Adjustment Act, agencies were
required to: (1) Adjust the level of civil
monetary penalties with an initial
‘‘catch-up’’ adjustment through an
interim final rulemaking (IFR) to take
effect by August 1, 2016; and (2) make
subsequent annual adjustments for
inflation.
In the September 2016 interim final
rule, HHS adopted new regulations at 45
CFR part 102 to govern adjustment of
civil monetary penalties for inflation.
The regulation at 45 CFR 102.1 provides
that part 102 applies to each statutory
provision under the laws administered
by HHS concerning civil monetary
penalties, and that the regulations in
part 102 supersede existing HHS
regulations setting forth civil monetary
penalty amounts. The civil money
penalties and the adjusted penalty
amounts administered by all HHS
agencies are listed in tabular form in 45
CFR 102.3. In addition to codifying the
adjusted penalty amounts identified in
§ 102.3, the HHS-wide interim final rule
included several technical conforming
updates to certain agency-specific
regulations, including various CMS
regulations, to identify their updated
information, and incorporate a crossreference to the location of HHS-wide
regulations.
Because the conforming changes to
the Medicare provisions were part of a
larger, omnibus departmental interim
final rule, we inadvertently missed
setting a target date for publication of
the final rule to make permanent the
conforming changes to the Medicare
regulations in accordance with section
1871(a)(3)(A) of the Act and the
procedures outlined in the December
2004 notice. Therefore, in the January 2,
2020 Federal Register (85 FR 7), we
published a document continuing the
effectiveness of the interim final rule for
an additional year, until September 6,
2020.
On January 31, 2020, pursuant to
section 319 of the Public Health Service
Act (PHSA), the Secretary determined
that a Public Health Emergency (PHE)
exists for the United States to aid the
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]]>Agencies
[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Rules and Regulations]
[Pages 50260-50263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19148]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will 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 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.
DATES: This rule is effective without actual notice September 8, 2021.
For the purposes of enforcement, actual notice will be used from
September 6, 2021 until September 8, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0135 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 Marine Science Technician 1st Class Chris Gibson,
Waterways Management Division, Sector Long
[[Page 50261]]
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 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
On June 14, 2021, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zones; Fireworks Displays, Air Shows
and Swim Events in the Captain of the Port Long Island Sound Zone (86
FR 31456). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to fireworks displays and
other marine events no longer held. We received no comments during the
comment period that ended July 14, 2021.
The Captain of the Port Long Island Sound (COTP) will amend Table 1
and 2 to 33 CFR 165.151 Safety Zones; Fireworks Displays, Air Shows and
Swim Events in the Captain of the Port Long Island Sound Zone because
adding a single recurring marine event and removing six marine events
that no longer occur will considerably reduce administrative overhead
and provide the public with notice through publication in the Federal
Register of the upcoming recurring safety zone.
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 COTP has determined that
potential hazards associated with this annual recurring event will be a
safety concern for anyone within the area where the fireworks display
will commence. The purpose of this rule is to ensure safety of vessels
and the navigable waters in the safety zone before, during, and after
the scheduled 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 safety zone must be established by September 6, 2021, for
the Dolan Family Labor Day Fireworks display to mitigate the potential
safety hazards.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published June
14, 2021. There are no changes in the regulatory text of this rule from
the proposed rule.
This rule establishes a safety zone for the annual Dolan Family
Labor Day Fireworks event by adding this event to Table 1 to 33 CFR
165.151. The event will occur on a day in September at a time to be
determined each year. The regulated area will encompass waters of Long
Island Sound off of Oyster Bay, NY. When enforced on the single day in
September each year, this safety zone will restrict vessels from
transiting the regulated area. When enforced on the one day in
September each year, these safety zones will restrict vessels from
transiting the regulated area. The specific description of this
regulation appears at the end of this document.
Additionally, this rulemaking updates Table 1 and 2 to CFR 165.151
by removing six events that no longer take place. The Coast Guard will
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.
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 on the size,
location, duration, and time-of-day of the safety zone. This rule
establishes a safety zone for the annual Dolan Family Labor Day
Fireworks event. The regulated area will encompass a 500' radius at
approximate point of 40[deg]53'43.90'' N, 73[deg]30'06.85'' W navigable
waters of Oyster Bay near Oyster Bay, NY. When enforced on the single
day in September each year, this safety zone would restrict vessels
from transiting the regulated area. Once enforced on the one day in
September each year, these safety zones would restrict vessels from
transiting the regulated area. The Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule will allow vessels to seek permission to enter the zone.
Additionally, this rulemaking updates Table 1 and 2 to CFR 165.151
by removing six events that no longer take place.
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 received no comments from the Small Business
Administration on this rulemaking. 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
safety zone 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-
[[Page 50262]]
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 an annual recurring safety zone for a firework display and
removing six other various marine events in Coast Guard Sector Long
Island Sound's Captain of the Port Zone. It is categorically excluded
from further review under paragraph L60 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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 165
Harbors, Marine Safety, Navigation (water), Reporting and
Recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS ANS 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,
Revision No. 01.2.
0
2. Amend Sec. 165.151 by:
0
a. In Table 1 to Sec. 165.151 removing item ``5.1 Jones Beach Air
Show'' and adding item ``9.7 Dolan Family Labor Day Fireworks''; and
0
b. In Table 2 to Sec. 165.151 removing items ``1.1 Swim Across the
Sound'', ``1.3 Maggie Fischer Memorial Great South Bay Cross Bay
Swim'', ``1.4 Waves of Hope Swim', ``1.5 Stonewall Swim'', and ``1.6
Swim Across America Greenwich''.
The addition reads 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 Date: A single day event in
Fireworks. 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. The regulated
area for this fireworks displays is
that area of navigable waters
within a 500 foot radius of the
launch platform or launch site for
each fireworks display.
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
[[Page 50263]]
* * * * *
Dated: August 27, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-19148 Filed 9-7-21; 8:45 am]
BILLING CODE 9110-04-P
