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 ( printed page 60307)

U.S.C. United States Code

WGS84 World Geodetic System

II. Background and Authority

On June 16, 2026, the Coast Guard received information from New York State Office of Parks, Recreation and Historic Preservation that they will be sponsoring the “IRONMAN 70.3 at Jones Beach State Park.” The open water swim portion will take place on Zach's Bay, near Wantagh, NY. The triathlon will include approximately 3,000 participants and the possibility of up to 10,000 spectators. The Captain of the Port, Sector Long Island Sound (COTP) has determined that potential hazards associated with the open water swim, such as the possibility that a vessel will hit a swimmer, are a safety concern for anyone within the area where the open water swim will take place. The COTP is issuing this rule under the authority in 46 U.S.C. 70034, to protect swimmers, personnel, vessels, and the marine environment in the navigable waters within the safety zone while the event is occurring.

The Coast Guard is issuing this rule without prior notice and comment. As is authorized by 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 to take and consider comments and publish a final rule within the time available prior to September 25, 2026, the date the rule must be in place to protect swimmers, personnel, vessels, and the marine environment.

For the same reason, the Coast Guard also finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register .

III. Discussion of the Rule

This rule establishes a safety zone in the Zach's Bay, near Wantagh, NY, area from 6 a.m. on September 25, 2026, through 4 p.m. on September 26, 2026. It will only be subject to enforcement, however, from 6 a.m. until 4 p.m. on September 25, 2026, and again during those same hours on September 26, 2026. The safety zone will cover all navigable waters of Zach's Bay south of a line connecting a point near the western entrance to Zach's Bay in position at 40°36′28.47″ N, 073°29′21.01″ W and 40°36′26.78″ N, 073°28′52.06″ W, and south of a line connecting a point near the eastern entrance of the bay in position at 40°36′32.18″ N, 073°28′37.45″ W and 40°36′32.65″ N, 073°28′21.00″ W. These coordinates are based on the World Geodetic System (WGS 84). Vessels and persons will not be allowed to enter the zone during this time, unless authorized by the COTP.

IV. 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.

A. Impact on Small Entities

The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 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.

B. 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).

C. Federalism and Indian Tribal Governments

We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.

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.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

E. 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 et seq.), 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 is a safety zone. It is categorically excluded from further review under paragraph L60(a) 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 the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

91 FR 60306