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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules You may submit comments identified by docket number USCG
20210135 using the Federal eRulemaking Portal at https
www.regulations.gov. See the Public Participation and Request for Comments portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Marine Science Technician 1st Class Chris Gibson, Waterways Management Division, Sector Long Island Sound; Tel:
203 4684565; Email: chris.a.gibson@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

I. Table of Abbreviations
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CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
II. Background, Purpose, and Legal Basis Marine events are held on an annual recurring basis on the navigable waters within the Coast Guard Sector Long Island Sound Captain of the Port COTP
Zone. The Coast Guard has established safety zones for some of these annually recurring events on a case by case basis to ensure the protection of the maritime public and event participants from potential hazards.
Regulations establishing safety zones to restrict vessel traffic are located in part 165 of Title 33 of the Code of Federal Regulations. Section 165.151 in part 165 establishes safety zones to ensure the safety and security of marine related events, participants, and spectators in Sector Long Island Sounds area of responsibility. The COTP of Long Island Sound proposes to amend Table 1 and 2 of 33 CFR 165.151 Safety Zones; Fireworks Displays, Air Shows, and Swim Events in the COTP Long Island Zone because updating the recurring events will considerably reduce administrative overhead and provide the public with notice through publication in the Federal Register of the upcoming recurring safety zone.
The Secretary of Homeland Security has delegated to the Coast Guard authority under section 70041 of Title 46 of the U.S. Code 46 U.S.C. 70041 to issue these regulations.
III. Discussion of Proposed Rule The Coast Guard proposes to establish a safety zone for the annual Dolan
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Family Labor Day Fireworks event by adding this event to Table 1 to CFR
165.151. The event would occur on a single day in September at a time to be determined. The regulated area would encompass waters of Long Island Sound off of Oyster Bay, NY. When enforced on the single day in September each year, this safety zone would restrict vessels from transiting the regulated area. The specific proposed description of this proposed regulation appears at the end of this document.
Additionally, this rulemaking proposes to update Table 1 and 2 to CFR
165.151 by removing six events that no longer take place. The Coast Guard proposes to remove event 5.1 Jones Beach Air Show safety zone from Table 1 and remove five events from Table 2:
1 1.1 Swim Across the Sound; 2 1.3
Maggie Fischer Memorial Great South Bay Cross Bay Swim; 3 1.4 Waves of Hope Swim; 4 1.5 Stonewall Swim;
and 5 1.6 Swim Across America Greenwich safety zones.
IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking.
Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review Executive Orders 12866 and 13563
direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits.
This NPRM has not been designated a significant regulatory action, under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget OMB.
This regulatory action determination is based on the size, location, duration, and time-of-day of the established safety zones. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners vis VHFFM marine channel 16 about the safety zone and the rule would allow vessels to seek permission to enter the area. Vessel traffic would also be able to request permission from the COTP or a designated representative to enter the restricted area.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term small entities comprises small
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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.
605b that this proposed rule would not have a significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment see ADDRESSES explaining why you think it qualifies and how and to what degree this rule would economically affect it.
Under section 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995
44 U.S.C. 35013520.
D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132
Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.
Also, this proposed rule does not have tribal implications under Executive Order 13175 Consultation and Coordination with Indian Tribal Governments because it would not
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