49236 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. In § 100.1101, amend table 1 to 

§ 100.1101, by adding an entry for ‘‘16. 

Swim for Special Operations Forces; 

San Diego Bay, San Diego, CA’’ to read 

as follows: 

§ 100.1101 Southern California Annual 

Marine Events for the San Diego Captain of 

the Port Zone. 

TABLE 1 TO § 100.1101 

*******

16. Swim for Special Operations Forces; San Diego Bay, San Diego, CA 

Sponsor ........................................... The Honor Foundation. 

Event Description ............................ Swim race. 

Date ................................................. Saturday in September. 

Location ........................................... San Diego Bay, CA. 

Regulated Area ............................... All waters of San Diego Bay, from surface to bottom, beginning at Glorietta Bay, continuing to Tidelands 

Park, proceeding north along the Coronado shoreline, crossing the federal navigable channel at Bayview 

Park, and finishing at the USS MIDWAY Museum. 

* * * * * 

Dated: August 27, 2021. 

T.J. Barelli, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2021–18955 Filed 9–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0653] 

RIN 1625–AA08 

Special Local Regulation; Lighthouse 

Musicfest, Huntington Bay, Long 

Island, 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 

Huntington Bay, Long Island, NY, for 

the Lighthouse Musicfest marine event. 

This action is necessary to provide the 

safety of life on these navigable waters 

during the event scheduled for 

Saturday, September 4, 2021. This rule 

will allow the Coast Guard to prohibit 

vessel traffic in the vicinity of the event 

and establishes mooring areas and a 

speed restriction in the designated zone. 

DATES: This rule is effective from 9:30 

a.m. through 7:30 p.m. on Saturday, 

September 4, 2021 with a rain date 

effective from 9:30 a.m. through 7:30 

p.m. on Sunday, September 5, 2021. The 

rule will only be subject to enforcement 

from 9:30 a.m. through 7:30 p.m. on 

September 4, 2021, unless the event is 

delayed because of weather conditions 

in which case it may be subject to 

enforcement those same hours on 

September 5, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0653 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: 

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 

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. The event sponsor was late in 

submitting the marine event 

application. This late submission did 

not give the Coast Guard enough time to 

publish an NPRM, take public 

comments, and issue a final rule before 

the effective date. It would be 

impracticable and contrary to the public 

interest to delay promulgating this rule, 

as it is necessary to protect the safety of 

waterway users. Further, the 

expeditious implementation of this rule 

is in the public interest because it will 

help ensure the safety of spectators and 

those involved in the 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 September 4, 

2021 to ensure the safety of spectators 

and vessels during the 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 extra and 

unusual hazards exists for persons or 

vessels operating within the waters of 

Huntington Bay, Long Island, NY with 

the Lighthouse Musicfest marine event. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the special 

local regulated area during the 

Lighthouse Musicfest marine event. 


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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49237 

IV. Discussion of the Rule 

The COTP is establishing two 

mooring areas and one no wake zone for 

this 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 Huntington Bay, Long Island, 

NY from 9:30 a.m. through 7:30 p.m. on 

Saturday, September 4, 2021 with a rain 

date effective from 9:30 a.m. through 

7:30 p.m. on Sunday, September 5, 

2021. The rule only be subject to 

enforcement from 9:30 a.m. through 

7:30 p.m. on September 4, 2021, unless 

the event is delayed because of weather 

conditions in which case it may be 

subject to enforcement those same hours 

on September 5, 2021. The temporary 

special local regulation will cover 

speciifc waters of Huntington Bay, NY. 

The Lloyd Harbor mooring area, will 

start at the Huntington Lighthouse, NY, 

in position at 40°54′38′′ N, 073°25′52′′ 

W; then southwest to a point in position 

at 40°54′28.47′′ N, 073°26′17.59′′ W; 

then west along the coast of West Neck 

to a point in position at 40°54′46.32′′ N, 

073°26′56.25′′ W; then north to a point 

in position at 40°54′56.24′′ N, 

073°26′56.24′′ W; then east along Lloyd 

Neck to a point in position at 

40°54′49.78′′ N, 073°26′8.51′′ W; then 

north-northeast along the coast of Lloyd 

Neck to a point in position at 

40°55′5.58′′ N, 073°25′50.22′′ W; and 

then to point of origin at Huntington 

Lighthouse, NY in position at 40°54′38′′ 

N, 073°25′52′′ W (NAD 83). 

The East of Channel mooring area, 

will start at the point in position at 

40°54′23.21′′ N, 073°25′35.55′′ W; then 

west along the coast of Wincoma, NY to 

a point in position at 40°54′23′′ N, 

073°25′55.7′′ W; then northeast to a 

point in position at 40°54′37.7′′ N, 

073°25′42.4′′ W; then southeast to a 

point in position at 40°54′34.4′′ N, 

073°25′29.4′′ W; and then to point of 

origin in position at 40°54′23.21′′ N, 

073°25′35.55′′ W (NAD 83). 

The Slow-No Wake Zone will start at 

the point in position at 40°55′38.77′′ N, 

073°25′45.96′′ W; then southeast to a 

point in position 40°54′51.44′′ N, 

073°24′17.76′′ W; then south-southwest 

to a point in position at 40°54′17.65′′ N, 

073°24′23.71′′ W; then west along the 

coast of the Village of Huntington Bay 

and Wincoma, NY to a point in position 

at 40°54′23′′ N, 073°25′55.7′′ W; then 

west-northwest to a point in position at 

40°54′27.12′′ N, 073°26′26.85′′ W; then 

north-northwest to a point in position at 

40°54′49.78′′ N, 073°26′8.51′′ W; and 

then north along the coast of Lloyd Neck 

to the point of origin at position at 

40°55′38.77′′ N, 073°25′45.96′′ W (NAD 

83). People are advised to visit 

www.huntingtonlighthouse.org/music_

fest to get visual chartlet of the 

temporary special local regulation. 

The regulated area is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters for the duration of the 

Lighthouse Musicfest marine event. No 

vessel or person will be permitted to 

anchor, moor, or loiter outside of the 

established mooring areas. All persons 

and vessels within the regulated area are 

subject to a ‘‘Slow-No Wake’’ speed 

limit. Vessels within the SLR may not 

produce more than a minimum wake 

and may not attain speeds greater than 

five knots unless a higher minimum 

speed is necessary to maintain 

steerageway when traveling with a 

strong current. In no case may the wake 

produced by a vessel within the 

regulation be such that it creates a 

danger of injury to persons or damage to 

vessels or structures of any kind unless 

specified by the COTP or their 

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 

10 hours and impacting waters of 

Huntington Bay, Long Island, NY. 

Moreover, the Coast Guard will issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the SLR 

and the rule would allow vessels to seek 

permission to transit the regulated 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 


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49238 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

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 9:30 a.m. 

through 7:30 p.m. on September 4, 2021 

that will restrict movement in 

Huntington Bay, Long Island, NY for the 

duration of the marine 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. 

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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T01–0653 to read as 

follows: 

§ 100.T01–0653 Special Local Regulation; 

Lighthouse Musicfest, Huntington Bay, 

Long Island, NY. 

(a) Regulated Area. The regulations in 

this section apply to the following area: 

Waters of Huntington Bay, Long Island 

NY. No persons or vessels may anchor, 

moor, or loiter unless in the designated 

mooring areas specified below. 

(1) The Lloyd Harbor Mooring Area. 

Beginning at the Huntington 

Lighthouse, NY in position at 40°54′38′′ 

N, 073°25′52′′ W; then southwest to a 

point in position at 40°54′28.47′′ N, 

073°26′17.59′′ W; then west along the 

coast of West Neck to a point in position 

at 40°54′46.32′′ N, 073°26′56.25′′ W; 

then north to a point in position at 

40°54′56.24′′ N, 073°26′56.24′′ W; then 

east along Lloyd Neck to a point in 

position at 40°54′49.78′′ N, 073°26′8.51′′ 

W; then north-northeast along the coast 

of Lloyd Neck to a point in position at 

40°55′5.58′′ N, 073°25′50.22′′ W; and 

then to point of origin at Huntington 

Lighthouse, NY in position at 40°54′38′′ 

N, 073°25′52′′ W. 

(2) The East of Channel Mooring Area. 

Beginning at the point in position at 

40°54′23.21′′ N, 073°25′35.55′′ W; then 

west along the coast of Wincoma, NY to 

a point in position at 40°54′23′′ N, 

073°25′55.7′′ W; then northeast to a 

point in position at 40°54′37.7′′ N, 

073°25′42.4′′ W; then southeast to a 

point in position at 40°54′34.4′′ N, 

073°25′29.4′′ W; and then to point of 

origin in position at 40°54′23.21′′ N, 

073°25′35.55′′ W. 

(3) Slow-No Wake Area. Beginning at 

the point in position at 40°55′38.77′′ N, 

073°25′45.96′′ W; then southeast to a 

point in position 40°54′51.44′′ N, 

073°24′17.76′′ W; then south-southwest 

to a point in position at 40°54′17.65′′ N, 

073°24′23.71′′ W; then west along the 

coast of the Village of Huntington Bay 

and Wincoma, NY to a point in position 

at 40°54′23′′ N, 073°25′55.7′′ W; then 

west-northwest to a point in position at 

40°54′27.12′′ N, 073°26′26.85′′ W; then 

north-northwest to a point in position at 

40°54′49.78′′ N, 073°26′8.51′′ W; and 

then north along the coast of Lloyd Neck 

to the point of origin at position at 

40°55′38.77′′ N, 073°25′45.96′′ W. All 

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 persons and 

vessels are prohibited from anchoring, 

mooring, or loitering outside the 

designated mooring areas and are 

subject to a ‘‘Slow-No Wake’’ speed 

limit. Vessels within the regulated area 

described in paragraph (a)(3) of this 

section may not produce more than a 

minimum wake and may not attain 

speeds greater than five knots unless a 

higher minimum speed is necessary to 

maintain steerageway when traveling 

with a strong current. In no case may 

the wake produced by a vessel within 

the ‘‘Slow-No Wake’’ area be such that 

it creates a danger of injury to persons 

or damage to vessels or structures unless 

specified by the COTP or their 

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 persons 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 9:30 a.m. to 7:30 

p.m. on September 4, 2021 with a rain 

date that may be enforced from 9:30 

a.m. to 7:30 p.m. on September 5, 2021. 

A Broadcast Notice to Mariners will let 

persons know the actual date of the 

enforcement period. 

Dated: August 27, 2021. 

E.J. Van Camp, 

Captain, U.S. Coast Guard, Captain of the 

Port Long Island Sound. 

[FR Doc. 2021–19014 Filed 9–1–21; 8:45 am] 

BILLING CODE 9110–04–P 


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