[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37045-37047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14970]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0029]
RIN 1625-AA08


Special Local Regulations; Mystic Sharkfest Swim, Mystic River, 
Mystic, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard will issue special local regulations for an 
annual Mystic Sharkfest Swim event on the Mystic River. This rule is 
intended to ensure the protection of the maritime public and event 
participants from the hazards associated with this marine event. Once 
enforced, these special local regulations would restrict vessels from 
transiting the regulated area during this annually recurring event.

DATES: This rule is effective without actual notice July 14, 2021. For 
the purposes of enforcement, actual notice will be used from July 18, 
2021 until July 14, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0029 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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 Island Sound; Tel: (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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 13, 2021, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Special Local Regulations; Mystic Sharkfest 
Swim, Mystic River, Mystic, CT (86 FR 19169). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this fireworks display. During the comment period that ended 
May 13, 2021, we received 0 comments.
    The Captain of the Port Long Island Sound (COTP) will amend Table 1 
of 33 CFR 100.100 Special Local Regulations; Regattas and Boat Races in 
the Coast Guard Sector Long Island Sound Captain of the Port Zone 
because adding this single reaccuring event will considerably reduce 
administrative overhead and provide the public with notice through 
publication in the Federal Register of the upcoming recurring special 
local regualtion.

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 special local 
regulations 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 wold be impracticable and contrary to the public interest 
because the special local regulation must be established for the swim 
event on July 18, 2021 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 April 
13, 2021. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes special local regulations for the annual 
Mystic Sharkfest Swim event by adding this event to Table 1 to 33 CFR 
100.100. The event will occur on a day in July at a time to be 
determined each year. The regulated area will encompass all waters of 
the Mystic River in Mystic, CT from Mystic Seaport, down the Mystic 
River, under the Bascule Drawbridge, to the boat launch ramp at the 
north end of Seaport Marine. Once enforced on the one day in July each 
year, these special local regulations would restrict vessels from 
transiting the regulated area. The specific description of this 
regulation appears at the end of this document.

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.

[[Page 37046]]

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 the size, 
location, and duration and time-of-day of the special local regulation. 
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 restricted 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 received 0 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 1-888-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 adding 
an annually recurring marine event to the already listed Table in 33 
CFR 100.100. 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

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. In Sec.  100.100, amend Table 1 by inserting item 7.8, in numerical 
order, to read as follows:

[[Page 37047]]



                        Table 1 to Sec.   100.100
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                              * * * * * * *
7...............................................  July
 
                              * * * * * * *
7.8 Mystic Sharkfest Swim.......................   Date: A
                                                   single day during
                                                   July.
                                                   Time: To be
                                                   determined annually.
                                                   Location: All
                                                   waters of the Mystic
                                                   River in Mystic, CT
                                                   from Mystic Seaport,
                                                   down the Mystic
                                                   River, under the
                                                   Bascule Drawbridge at
                                                   41[deg]21'17.046'' N,
                                                   071[deg] 58'8.742''
                                                   W, to finish at the
                                                   boat launch ramp at
                                                   the north end of
                                                   Seaport Marine.
 
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    Dated: July 8, 2021.
E. J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-14970 Filed 7-13-21; 8:45 am]
BILLING CODE 9110-04-P


