[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49236-49238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19014]


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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.

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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
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. 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.

[[Page 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[deg]54'38'' N, 073[deg]25'52'' W; 
then southwest to a point in position at 40[deg]54'28.47'' N, 
073[deg]26'17.59'' W; then west along the coast of West Neck to a point 
in position at 40[deg]54'46.32'' N, 073[deg]26'56.25'' W; then north to 
a point in position at 40[deg]54'56.24'' N, 073[deg]26'56.24'' W; then 
east along Lloyd Neck to a point in position at 40[deg]54'49.78'' N, 
073[deg]26'8.51'' W; then north-northeast along the coast of Lloyd Neck 
to a point in position at 40[deg]55'5.58'' N, 073[deg]25'50.22'' W; and 
then to point of origin at Huntington Lighthouse, NY in position at 
40[deg]54'38'' N, 073[deg]25'52'' W (NAD 83).
    The East of Channel mooring area, will start at the point in 
position at 40[deg]54'23.21'' N, 073[deg]25'35.55'' W; then west along 
the coast of Wincoma, NY to a point in position at 40[deg]54'23'' N, 
073[deg]25'55.7'' W; then northeast to a point in position at 
40[deg]54'37.7'' N, 073[deg]25'42.4'' W; then southeast to a point in 
position at 40[deg]54'34.4'' N, 073[deg]25'29.4'' W; and then to point 
of origin in position at 40[deg]54'23.21'' N, 073[deg]25'35.55'' W (NAD 
83).
    The Slow-No Wake Zone will start at the point in position at 
40[deg]55'38.77'' N, 073[deg]25'45.96'' W; then southeast to a point in 
position 40[deg]54'51.44'' N, 073[deg]24'17.76'' W; then south-
southwest to a point in position at 40[deg]54'17.65'' N, 
073[deg]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[deg]54'23'' 
N, 073[deg]25'55.7'' W; then west-northwest to a point in position at 
40[deg]54'27.12'' N, 073[deg]26'26.85'' W; then north-northwest to a 
point in position at 40[deg]54'49.78'' N, 073[deg]26'8.51'' W; and then 
north along the coast of Lloyd Neck to the point of origin at position 
at 40[deg]55'38.77'' N, 073[deg]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

[[Page 49238]]

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

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.T01-0653 to read as follows:


Sec.  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[deg]54'38'' N, 073[deg]25'52'' W; then 
southwest to a point in position at 40[deg]54'28.47'' N, 
073[deg]26'17.59'' W; then west along the coast of West Neck to a point 
in position at 40[deg]54'46.32'' N, 073[deg]26'56.25'' W; then north to 
a point in position at 40[deg]54'56.24'' N, 073[deg]26'56.24'' W; then 
east along Lloyd Neck to a point in position at 40[deg]54'49.78'' N, 
073[deg]26'8.51'' W; then north-northeast along the coast of Lloyd Neck 
to a point in position at 40[deg]55'5.58'' N, 073[deg]25'50.22'' W; and 
then to point of origin at Huntington Lighthouse, NY in position at 
40[deg]54'38'' N, 073[deg]25'52'' W.
    (2) The East of Channel Mooring Area. Beginning at the point in 
position at 40[deg]54'23.21'' N, 073[deg]25'35.55'' W; then west along 
the coast of Wincoma, NY to a point in position at 40[deg]54'23'' N, 
073[deg]25'55.7'' W; then northeast to a point in position at 
40[deg]54'37.7'' N, 073[deg]25'42.4'' W; then southeast to a point in 
position at 40[deg]54'34.4'' N, 073[deg]25'29.4'' W; and then to point 
of origin in position at 40[deg]54'23.21'' N, 073[deg]25'35.55'' W.
    (3) Slow-No Wake Area. Beginning at the point in position at 
40[deg]55'38.77'' N, 073[deg]25'45.96'' W; then southeast to a point in 
position 40[deg]54'51.44'' N, 073[deg]24'17.76'' W; then south-
southwest to a point in position at 40[deg]54'17.65'' N, 
073[deg]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[deg]54'23'' 
N, 073[deg]25'55.7'' W; then west-northwest to a point in position at 
40[deg]54'27.12'' N, 073[deg]26'26.85'' W; then north-northwest to a 
point in position at 40[deg]54'49.78'' N, 073[deg]26'8.51'' W; and then 
north along the coast of Lloyd Neck to the point of origin at position 
at 40[deg]55'38.77'' N, 073[deg]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


