Special Local Regulations; Safety and Security Zones; Recurring Events in Captain of the Port Long Island Sound Zone
Federal Register, Volume 77 Issue 28 (Friday, February 10, 2012)
Federal Register Volume 77, Number 28 (Friday, February 10, 2012)
Rules and Regulations
Pages 6954-6962
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-2899
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
Docket No. USCG-2008-0384
RIN 1625-AA00; 1625-AA08; 1625-AA87
Special Local Regulations; Safety and Security Zones; Recurring Events in Captain of the Port Long Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing, adding, and consolidating limited access areas in the Coast Guard Sector Long Island Sound Captain of the Port (COTP) Zone. These limited access areas include special local regulations, permanent safety zones for annual recurring marine events and a permanent security zone. When these limited access areas are subject to enforcement, this rule will restrict vessels from portions of water areas during these annual recurring events. The special local regulations and safety zones will facilitate public notification of events, and ensure the protection of the maritime public and event participants from the hazards associated with these annual recurring events.
DATES: This rule is effective March 12, 2012.
ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2008-0384 and are available online by going to http://www.regulations.gov, inserting USCG-2008-0384 in the ``Keyword'' box, and then clicking ``Search.'' This material is also available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Petty Officer Joseph Graun, Waterways Management Division at Coast Guard Sector Long Island Sound, telephone 203-468-
4544, email joseph.l.graun@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Page 6955
Regulatory Information
On June 22, 2011 the Coast Guard published a notice of proposed rulemaking (NPRM) entitled Special Local Regulations; Safety and Security Zones; Recurring Events in Captain of the Port Long Island Sound Zone in the Federal Register (76 FR 36438). We received no comments on the proposed rule. No public meeting was requested and none was held.
Basis and Purpose
The legal basis for this rule is the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1226, 1231); 33 U.S.C. 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1. These laws, regulations and policies authorize the Coast Guard to define regulatory safety zones, security zones and special local regulations, and delegate the authority to create these regulations to the Captain of the Port.
This regulation carries out three related actions: (1) Establishing necessary safety zones and special local regulations, (2) establishing one necessary security zone, and (3) updating and reorganizing existing regulations for ease of use and reduction of administrative overhead.
Background
The Coast Guard is adding 33 CFR 100.100 and revising Sec. Sec. 165.151 and 165.154. The changes will remove 37 regulated areas, establish 33 new safety zones, three special local regulations, and one security zone, and consolidate and simplify these regulations. By establishing a permanent regulation containing these events, the Coast Guard will eliminate the need to establish temporary rules for events that occur on an annual basis.
The rule applies to the annual recurring events listed in the attached Tables in the COTP Long Island Sound Zone. The Tables provide the event name, and type, as well as locations of the events. Annual notifications will be made to the local maritime community through all appropriate means such as Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. If the event does not have a date listed, then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the Federal Register.
This regulation is part of a review and update of local regulations. Our intent is to update and reorganize information for ease of use and reduction of administrative overhead. We considered several alternative formats for this regulation including different table formats. Ultimately the presented format was chosen.
Discussion of Comments and Changes
We received no comments on the rule.
The following changes were made. We enhanced the regulatory text of Sec. 100.100 clarifying and detailing what method the Coast Guard will use to notify the public of event specific information.
Typographical error correction, in the NPRM we stated, we propose to establish 32 new safety zones. The number 32 was a typographical error, because 33 new safety zones were discussed throughout the NPRM. Notice and the opportunity to comment on the 33 zones existed in the NPRM prior to this final rule. The typographical error has been updated in the Backgrounds section of this rule.
Positions which were described using ``Degrees-Minutes-Decimal Minutes'' format (DDdegMM.MMM') were converted without change to ``Degrees-Minutes-Seconds'' (DDdegMM' SS''), for consistency throughout the regulations.
Positions which were described using decimal seconds out to the thousandths of a second (DDdegMM' SS.SSS'') were rounded off to hundredths of a second (DDdegMM' SS.SS''). One one-thousandth of a second (.001'') is a distance of approximately 1.2 inches. Positions were rounded off to the nearest hundredth to reduce confusion and make the positions easier to use. The maximum change in any regulated area is less than 1 foot (the diagonal of a theoretical point which moved 0.05 seconds (0.05'' or about 6 inches) due to rounding in both latitude and longitude.
Regulatory Analyses
We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order.
We expect the economic impact of this rule to be minimal. Although this regulation may have some impact on the public, the potential impact will be minimized for the following reasons:
The Coast Guard has previously promulgated safety zones, security zones or special local regulations, in accordance with 33 CFR Parts 100 and 165, for all event areas contained within this regulation and has not received notice of any negative impact caused by any of the safety zones, security zones or special local regulations.
Vessels will only be restricted from safety zones and special local regulation areas for a short duration of time. Vessels may transit in portions of the affected waterway except for those areas covered by the regulated areas. Notifications of exact dates and times of the enforcement period will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners or through a Notice of Enforcement in the Federal Register. No new or additional restrictions would be imposed on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. 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.
This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in the designated regulated area during the enforcement periods.
The regulated areas will not have a significant economic impact on a substantial number of small entities for the following reasons: The regulated areas will be of limited size and of short duration; vessels that can safely do so may navigate in all other portions of the waterways except for the areas designated as regulated areas; these regulated areas have been promulgated in the past with no public comments submitted. Additionally, before the effective period, the Coast Guard will issue notice of the time and location of each regulated area through a Local Notice to Mariners and Broadcast Notice to Mariners or through a Notice of Enforcement in the Federal Register.
Page 6956
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism.
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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 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 categorically excluded, under figure 2-1, paragraphs (34)(g)&(h) of the Instruction. This rule involves the establishment of safety and security zones and special local regulations. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recording requirements, Waterways.
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
-
The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
-
Add a new Sec. 100.100 to read as follows:
Sec. 100.100 Special Local Regulations; Regattas and Boat Races in the Coast Guard Sector Long Island Sound Captain of the Port Zone.
(a) The following regulations apply to the marine events listed in the Table to Sec. 100.100. These regulations will be enforced for the duration of each event, on or about the dates indicated. Notifications will be made to the local maritime community through all appropriate means such as Local Notice to Mariners or Broadcast Notice to Mariners well in advance of the events. If the event does not have a date listed,
Page 6957
then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the Federal Register. The First Coast Guard District Local Notice to Mariners can be found at: http://www.navcen.uscg.gov/.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative. A ``designated representative'' is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound (LIS), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.
(2) Official patrol vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels.
(c) Although listed in the Code of Federal Regulations, sponsors of events listed in Table to Sec. 100.100 are still required to submit marine event applications in accordance with 33 CFR 100.15.
(d) Vessel operators desiring to enter or operate within the regulated areas shall contact the COTP at 203-468-4401 (Sector LIS command center) or the designated representative via VHF channel 16.
(e) Vessels may not transit the regulated areas without the COTP or designated representative approval. Vessels permitted to transit must operate at a no wake speed, in a manner which will not endanger participants or other crafts in the event.
(f) Spectators or other vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through the Local Notice to Mariners, unless authorized by COTP or designated representative.
(g) The COTP or designated representative may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.
(h) The COTP or designated representative may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property.
(i) For all power boat races listed, vessels not participating in this event, swimmers, and personal watercraft of any nature are prohibited from entering or moving within the regulated area unless authorized by the COTP or designated representative. Vessels within the regulated area must be at anchor within a designated spectator area or moored to a waterfront facility in a way that will not interfere with the progress of the event.
Table to Sec. 100.100
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1.1 Harvard-Yale Regatta, Thames River, New Event type:
London, CT. Boat Race.
Date: Last
Saturday in May
through second
Saturday of June,
from 8 a.m. until 5
p.m.
Location:
All waters of the
Thames River at New
London,
Connecticut,
between the Penn
Central Draw Bridge
41deg21'46.94'' N
072deg05'14.46''
W to Bartlett Cove
41deg25'35.90'' N
072deg5'42.89'' W
(NAD 83).
Additional
stipulations:
Spectator vessels
must be at anchor
within a designated
spectator area or
moored to a
waterfront facility
within the
regulated area in
such a way that
they shall not
interfere with the
progress of the
event at least 30
minutes prior to
the start of the
races. They must
remain moored or at
anchor until the
men's varsity have
passed their
positions. At that
time, spectator
vessels located
south of the
Harvard Boathouse
may proceed
downriver at a
reasonable speed.
Vessels situated
between the Harvard
Boathouse and the
finish line must
remain stationary
until both crews
return safely to
their boathouses.
If for any reason
the men's varsity
crew race is
postponed,
spectator vessels
will remain in
position until
notified by Coast
Guard or regatta
patrol personnel.
The last 1000 feet
of the race course
near the finish
line will be
delineated by four
temporary white
buoys provided by
the sponsor. All
spectator craft
shall remain behind
these buoys during
the event.
Spectator craft
shall not anchor:
to the west of the
race course,
between Scotch Cap
and Bartlett Point
Light, or within
the race course
boundaries or in
such a manner that
would allow their
vessel to drift or
swing into the race
course. During the
effective period
all vessels shall
proceed at a speed
not to exceed six
knots in the
regulated area.
Spectator vessels
shall not follow
the crews during
the races. Swimming
is prohibited in
the vicinity of the
race course during
the races. A vessel
operating in the
vicinity of the
Submarine Base may
not cause waves
which result in
damage to
submarines or other
vessels in the
floating drydocks.
1.2 Great Connecticut River Raft Race, Middletown, Event type:
CT. Boat Race.
Date: Last
Saturday in July
through the first
Saturday in August,
from 10 a.m. until
2 p.m.
Location:
All waters of the
Connecticut River
Middletown, CT
between Dart Island
(Marker no. 73)
41deg33'08.24'' N
072deg33'24.46''
W and Portland
Shoals (Marker no.
92)
41deg33'46.83'' N
072deg38'42.18''
W (NAD 83).
1.3 Head of the Connecticut Regatta, Connecticut Event type:
River, CT. Boat Race.
Date: The
second Saturday of
October, from 7:30
a.m. until 5 p.m.
Location:
All waters of the
Connecticut River
between the
southern tip of
Gildersleeve Island
41deg36'03.61'' N
072deg37'18.08''
W and Light Number
87
41deg33'32.91'' N
072deg37'15.24''
W (NAD 83).
Additional
stipulations:
Vessels less than
20 meters in length
will be allowed to
transit the
regulated area only
under escort and at
the discretion of
the Coast Guard
patrol commander.
Vessels over 20
meters in length
will be allowed to
transit the
regulated area,
under escort, from
12:30 p.m. to 1:45
p.m. or as directed
by the Coast Guard
patrol commander.
All transiting
vessels shall
operate at ``No
Wake'' speed or
five knots,
whichever is
slower. Southbound
vessels awaiting
escort through the
regulated area will
wait in the
vicinity of the
southern tip of
Gildersleeve
Island. Northbound
vessels awaiting
escort will wait at
Light Number 87.
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1.4 Riverfront Regatta, Hartford, CT.............. Event type:
Regatta.
Date: The
first Sunday of
October, from 8:30
a.m. until 4:30
p.m.
Location:
All water of the
Connecticut River,
Hartford, CT,
between the Putnum
Bridge
41deg42'52.20'' N
072deg38'25.80''
W and the Riverside
Boat House
41deg46'25.20'' N
072deg39'49.80''
W (NAD 83).
1.5 Patchogue Grand Prix, Patchogue, NY........... Event type:
Boat Race.
Date: The
last weekend of
August Friday,
Saturday and
Sunday, from 11
a.m. until 5 p.m.
Location:
All water of the
Great South Bay,
off Shorefront
Park, Patchogue, NY
from approximate
position: Beginning
at a point off Sand
Spit Park,
Patchogue, NY at
position
40deg44'45'' N,
073deg00'51'' W
then running south
to a point in Great
South Bay at
position
40deg43'46'' N,
073deg00'51'' W
then running south
east to position
40deg43'41'' N,
073deg00'20'' W
then running north
east to position
40deg43'54'' N,
072deg58'46'' W
then east to
position
40deg43'58'' N,
072deg57'32'' W
then east to
position
40deg43'57'' N,
072deg56'49'' W
then north to
position
40deg44'18'' N,
072deg56'49'' W
then west to
position
40deg44'18'' N,
072deg57'32'' W
then north west to
position
40deg44'30'' N,
072deg58'32'' W
then north west to
position
40deg44'33'' N,
072deg59'12'' W
then north west to
position
40deg44'41'' N,
072deg59'51'' W
then north west to
position
40deg44'46'' N,
073deg00'04'' W
and then closing
the zone at
position
40deg44'45'' N,
073deg00'51'' W
(NAD 83).
1.6 Riverfront U.S. Title series Powerboat Race, Event type:
Hartford, CT. Boat Race.
Date: Labor
Day weekend, Friday
and Saturday from
10 a.m. until 6
p.m. and Sunday
from 12:01 p.m.
until 6 p.m.
Location:
All water of the
Connecticut River,
Hartford, CT,
between the
Founders Bridge on
the North
approximate
position
41deg45'53.47''
N,
072deg39'55.77''
W and
41deg45'37.39''
N,
072deg39'47.49''
W (NAD 83) to the
South.
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0
-
Remove the following entries in the ``Fireworks Display Table'' in Sec. 100.114 (along with the associated ``Connecticut'' or ``New York'' titles) as follows: 6.2, 7.1, 7.2, 7.4, 7.5, 7.10, 7.11, 7.29, 7.30, 7.31, 7.32, 7.33, 7.35, 7.36, 7.37, 7.39, 7.40, 8.1, 8.3, 8.4, 8.6, 9.3, 9.5, 9.6, 12.4.
0
-
Remove Sec. Sec. 100.101, 100.102, 100.105, and 100.106.
0
-
Remove Sec. Sec. 100.121, 100.122, and 100.124.
PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS
0
-
The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
0
-
Remove Sec. 165.140.
0
-
Revise Sec. 165.151 to read as follows:
Sec. 165.151 Safety Zones; Fireworks Displays, Air Shows and Swim Events in the Captain of the Port Long Island Sound Zone.
(a) Regulations.
(1) The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the fireworks displays, air shows, and swim events listed in Tables 1 and 2 to Sec. 165.151.
(2) These regulations will be enforced for the duration of each event. Notifications will be made to the local maritime community through all appropriate means such as Local Notice to Mariners or Broadcast Notice to Mariners well in advance of the events. If the event does not have a date listed, then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the Federal Register. Mariners should consult the Federal Register or their Local Notice to Mariners to remain apprised of schedule or event changes. First Coast Guard District Local Notice to Mariners can be found at http://www.navcen.uscg.gov/.
(3) Although listed in the Code of Federal Regulations, sponsors of events listed in Tables 1 and 2 to Sec. 165.151 are still required to submit marine event applications in accordance with 33 CFR 100.15.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative. A ``designated representative'' is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound (LIS), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.
(2) Official patrol vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels.
(c) Vessel operators desiring to enter or operate within the regulated areas should contact the COTP at 203-468-4401 (Sector LIS command center) or the designated representative via VHF channel 16 to obtain permission to do so.
(d) Spectators or other vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through the Local Notice to Mariners, unless authorized by COTP or designated representative.
(e) Upon being hailed by a U.S. Coast Guard vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.
(f) The COTP or designated representative may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property.
(g) The regulated area for all fireworks displays listed in Table 1 to Sec. 165.151 is that area of navigable waters within a 1000 foot radius of the launch platform or launch site for each fireworks display, unless otherwise noted in Table 1 to Sec. 165.151 or modified in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/.
(h) The regulated area for all air shows is the entire geographic area described as the location for that show unless otherwise noted in Table 1 to Sec. 165.151 or modified in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/.
(i) Fireworks barges used in these locations will also have a sign on their
Page 6959
port and starboard side labeled ``FIREWORKS--STAY AWAY''. This sign will consist of 10 inch high by 1.5 inch wide red lettering on a white background. Shore sites used in these locations will display a sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions. These zones will be enforced from 8:30 p.m. to 10:30 p.m. each day a barge with a ``FIREWORKS--STAY AWAY'' sign on the port and starboard side is on-
scene or a ``FIREWORKS--STAY AWAY'' sign is posted in a location listed in Table 1 to Sec. 165.151.
(j) For all swim events listed in Table 2 to Sec. 165.151, vessels not associated with the event shall maintain a separation of at least 100 yards from the participants.
Table 1 to Sec. 165.151
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5 May
------------------------------------------------------------------------
5.1 Jones Beach Air Show.......................... Date: The
Thursday through
Sunday before
Memorial Day each
May from 9:30 a.m.
until 3:30 p.m.
each day.
Location:
Waters of Atlantic
Ocean off of Jones
Beach State Park,
Wantagh, NY. In
approximate
positions
40deg35'06'' N,
073deg32'37'' W,
then running east
along the shoreline
of Jones Beach
State Park to
approximate
position
40deg35'49'' N,
073deg28'47'' W;
then running south
to a position in
the Atlantic Ocean
off of Jones Beach
at approximate
position
40deg35'05'' N,
073deg28'34'' W;
then running West
to approximate
position
40deg34'23'' N,
073deg32'23'' W;
then running North
to the point of
origin. (NAD 83).
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6 June
------------------------------------------------------------------------
6.1 Barnum Festival Fireworks..................... Date: last
Saturday in June.
Rain Date:
following Saturday.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of
Bridgeport Harbor,
Bridgeport, CT in
approximate
position
41deg9'04'' N,
073deg12'49'' W
(NAD 83).
6.2 Town of Branford Fireworks.................... Location:
Waters of Branford
Harbor, Branford,
CT in approximate
position,
41deg15'30'' N,
072deg49'22'' W
(NAD 83).
6.3 Vietnam Veterans/Town of East Haven Fireworks. Location:
Waters off Cosey
beach, East Haven,
CT in approximate
position,
41deg14'19'' N,
072deg52'09.8'' W
(NAD 83).
------------------------------------------------------------------------
7 July
------------------------------------------------------------------------
7.1 Point O'Woods Fire Company Summer Fireworks... Location:
Waters of the Great
South Bay, Point
O'Woods, NY in
approximate
position
40deg39'18.57''
N,
073deg08'05.73''
W (NAD 83).
7.2 Cancer Center for Kids Fireworks.............. Location:
Waters off of
Bayville, NY in
approximate
position
40deg54'38.20''
N,
073deg34'56.88''
W (NAD 83).
7.3 City of Westbrook, CT July Celebration Location:
Fireworks. Waters of Westbrook
Harbor, Westbrook,
CT in approximate
position,
41deg16'10.50''
N, 072deg26'14''
W (NAD 83).
7.4 Norwalk Fireworks............................. Location:
Waters off Calf
Pasture Beach,
Norwalk, CT in
approximate
position,
41deg04'50'' N,
073deg23'22'' W
(NAD 83).
7.5 Lawrence Beach Club Fireworks................. Location:
Waters of the
Atlantic Ocean off
Lawrence Beach
Club, Atlantic
Beach, NY in
approximate
position
40deg34'42.65''
N,
073deg42'56.02''
W (NAD 83).
7.6 Sag Harbor Fireworks.......................... Location:
Waters of Sag
Harbor Bay off
Havens Beach, Sag
Harbor, NY in
approximate
position
41deg00'26'' N,
072deg17'09'' W
(NAD 83).
7.7 South Hampton Fresh Air Home Fireworks........ Location:
Waters of
Shinnecock Bay,
Southampton, NY in
approximate
positions,
40deg51'48'' N,
072deg26'30'' W
(NAD 83).
7.8 Westport Police Athletic League Fireworks..... Location:
Waters off Compo
Beach, Westport, CT
in approximate
position,
41deg06'15'' N,
073deg20'57'' W
(NAD 83).
7.9 City of Middletown Fireworks.................. Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the
Connecticut River,
Middletown Harbor,
Middletown, CT in
approximate
position
41deg33'44.47''
N,
072deg38'37.88''
W (NAD 83).
7.10 City of New Haven Fireworks.................. Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of New Haven
Harbor, off Long
Wharf Park, New
Haven, CT in
approximate
position
41deg17'24'' N,
072deg54'55.8'' W
(NAD 83).
7.11 City of Norwich July Fireworks............... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the
Thames River,
Norwich, CT in
approximate
position,
41deg31'16.84''
N,
072deg04'43.33''
W (NAD 83).
7.12 City of Stamford Fireworks................... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Fisher's
Westcott Cove,
Stamford, CT in
approximate
position
41deg02'09.56''
N,
073deg30'57.76''
W (NAD 83).
7.13 City of West Haven Fireworks................. Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Page 6960
Location:
Waters of New Haven
Harbor, off Bradley
Point, West Haven,
CT in approximate
position
41deg15'07'' N,
072deg57'26'' W
(NAD 83).
7.14 CDM Chamber of Commerce Annual Music Fest Date: July
Fireworks. 4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters off of Cedar
Beach Town Park,
Mount Sinai, NY in
approximate
position
40deg57'59.58''
N,
073deg01'57.87''
W (NAD 83).
7.15 Davis Park Fireworks......................... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the Great
South Bay, Davis
Park, NY in
approximate
position,
40deg41'17'' N,
073deg00'20'' W
(NAD 83).
7.16 Fairfield Aerial Fireworks................... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Jennings
Beach, Fairfield,
CT in approximate
position
41deg08'22'' N,
073deg14'02'' W
(NAD 83).
7.17 Fund in the Sun Fireworks.................... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the Great
South Bay off The
Pines, East Fire
Island, NY in
approximate
position
40deg40'07.43''
N,
073deg04'13.88''
W. (NAD 83).
7.18 Hartford Riverfest Fireworks................. Date: July
-
Rain Date:
July 5.
Time 9:00
p.m. to 10:30 p.m.
Location:
Waters of the
Connecticut River
off Hartford, CT in
approximate
position
41deg45'21'' N,
072deg39'28'' W
(NAD 83).
7.19 Independence Day Celebration Fireworks....... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters off of
Umbrella Beach,
Montauk, NY in
approximate
position
41deg01'44'' N,
071deg57'13'' W
(NAD 83).
7.20 Jones Beach State Park Fireworks............. Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters off of Jones
Beach State Park,
Wantagh, NY in
approximate
position
40deg34'56.68''
N,
073deg30'31.19''
W (NAD 83).
7.21 Madison Cultural Arts Fireworks.............. Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Long
Island Sound off of
Madison, CT in
approximate
position
41deg16'10'' N,
072deg36'30'' W
(NAD 83).
7.22 Mason's Island Yacht Club Fireworks.......... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Fisher's
Island Sound,
Noank, CT in
approximate
position
41deg19'30.61''
N,
071deg57'48.22''
W (NAD 83).
7.23 Patchogue Chamber of Commerce Fireworks...... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the Great
South Bay,
Patchogue, NY in
approximate
position,
40deg44'38'' N,
073deg00'33'' W
(NAD 83).
7.24 Riverfest Fireworks.......................... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the
Connecticut River,
Hartford, CT in
approximate
positions
41deg45'39.93''
N,
072deg39'49.14''
W (NAD 83).
7.25 Village of Asharoken Fireworks............... Date: July
-
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Northport
Bay, Asharoken, NY
in approximate
position
41deg55'54.04''
N,
073deg21'27.97''
W (NAD 83).
7.26 Village of Port Jefferson Fourth of July Date: July
Celebration Fireworks. 4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Port
Jefferson Harbor,
Port Jefferson, NY
in approximate
position
40deg57'10.11''
N,
073deg04'28.01''
W (NAD 83).
7.27 Village of Quoque Foundering Anniversary Date: July
Fireworks. 4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Quantuck
Bay, Quoque, NY in
approximate
position
40deg48'42.99''
N,
072deg37'20.20''
W (NAD 83).
7.28 City of Long Beach Fireworks................. Location:
Waters off
Riverside Blvd,
City of Long Beach,
NY in approximate
position
40deg34'38.77''
N,
073deg39'41.32''
W (NAD 83).
Page 6961
7.29 Great South Bay Music Festival Fireworks..... Location:
Waters of Great
South Bay, off Bay
Avenue, Patchogue,
NY in approximate
position
40deg44'45'' N,
073deg00'25'' W
(NAD 83).
7.30 Mashantucket Pequot Fireworks................ Location:
Waters of the
Thames River, New
London, CT in
approximate
positions Barge 1,
41deg21'03.03''
N, 072deg5'24.5''
W, Barge 2,
41deg20'51.75''
N,
072deg5'18.90'' W
(NAD 83).
7.31 Shelter Island Fireworks..................... Location:
Waters of Gardiner
Bay, Shelter
Island, NY in
approximate
position
41deg04'39.11''
N,
072deg22'01.07''
W (NAD 83).
7.32 Thames River Fireworks....................... Location:
Waters of the
Thames River off
the Electric Boat
Company, Groton, CT
in approximate
position
41deg20'38.75''
N,
072deg05'12.22''
W (NAD 83).
7.33 Clam Shell Foundation Fireworks.............. Location:
Waters of Three
Mile Harbor, East
Hampton, NY in
approximate
position
41deg1'15.49'' N,
072deg11'27.50''
W (NAD 83).
7.34 Town of North Hempstead Bar Beach Fireworks.. Location:
Waters of Hempstead
Harbor, North
Hempstead, NY in
approximate
position
40deg49'54'' N,
073deg39'14'' W
(NAD 83).
7.35 Groton Long Point Yacht Club Fireworks....... Location:
Waters of Long
Island Sound,
Groton, CT in
approximate
position
41deg18'05'' N,
072deg02'08'' W
(NAD 83).
------------------------------------------------------------------------
8 August
------------------------------------------------------------------------
8.1 Pyro-FX Entertainment Group Fireworks......... Location:
Waters of the
Connecticut River
off Chester, CT in
approximate
position
41deg24'40.76''
N,
072deg25'32.65''
W (NAD 83).
8.2 Port Washington Sons of Italy Fireworks....... Location:
Waters of Hempstead
Harbor off Bar
Beach, North
Hempstead, NY in
approximate
position
40deg49'48.04''
N,
073deg39'24.32''
W (NAD 83).
8.3 Village of Bellport Fireworks................. Location:
Waters of Bellport
Bay, off Bellport
Dock, Bellport, NY
in approximate
position
40deg45'01.83''
N,
072deg55'50.43''
W (NAD 83).
8.4 Taste of Italy Fireworks...................... Location:
Waters of Norwich
Harbor, off Norwich
Marina, Norwich, CT
in approximate
position
41deg31'17.72''
N,
072deg04'43.41''
W (NAD 83).
8.5 Old Black Point Beach Association Fireworks... Location:
Waters off Old
Black Point Beach,
East Lyme, CT in
approximate
position
41deg17'34.9'' N,
072deg12'55'' W
(NAD 83).
8.6 Town of Babylon Fireworks..................... Location:
Waters off of Cedar
Beach Town Park,
Babylon, NY in
approximate
position
40deg37'53'' N,
073deg20'12'' W
(NAD 83).
------------------------------------------------------------------------
9 September
------------------------------------------------------------------------
9.1 East Hampton Fire Department Fireworks........ Location:
Waters off Main
Beach, East
Hampton, NY in
approximate
position
40deg56'40.28''
N,
072deg11'21.26''
W (NAD 83).
9.2 Town of Islip Labor Day Fireworks............. Location:
Waters of Great
South Bay off Bay
Shore Marina,
Islip, NY in
approximate
position
40deg42'24'' N,
073deg14'24'' W
(NAD 83).
9.3 Village of Island Park Labor Day Celebration Location:
Fireworks. Waters off Village
of Island Park
Fishing Pier,
Village Beach, NY
in approximate
position
40deg36'30.95''
N,
073deg39'22.23''
W (NAD 83).
------------------------------------------------------------------------
Table 2 to Sec. 165.151
------------------------------------------------------------------------
------------------------------------------------------------------------
1.1 Swim Across the Sound......................... Location:
Waters of Long
Island Sound, Port
Jefferson, NY to
Captain's Cove
Seaport,
Bridgeport, CT in
approximate
positions
40deg58'11.71'' N
073deg05'51.12''
W, north-westerly
to the finishing
point at Captain's
Cove Seaport
41deg09'25.07'' N
073deg12'47.82''
W (NAD 83).
1.2 Huntington Bay Open Water Championships Swim.. Location:
Waters of
Huntington Bay, NY.
In approximate
positions start/
finish at
approximate
position
40deg54'25.8'' N
073deg24'28.8''
W, East turn at
approximate
position
40deg54'45'' N
073deg23'36.6'' W
and a West turn at
approximate
position
40deg54'31.2'' N
073deg25'21'' W.
deg09'25.07'' N
073deg12'47.82''
W (NAD 83).
1.3 Maggie Fischer Memorial Great South Bay Cross Location:
Bay Swim. Waters of the Great
South Bay, NY.
Starting Point at
the Fire Island
Lighthouse Dock in
approximate
position
40deg38'01'' N
073deg13'07'' W,
northerly through
approximate points
40deg38'52'' N
073deg13'09'' W,
40deg39'40'' N
073deg13'30'' W,
40deg40'30'' N
073deg14'00'' W,
and finishing at
Gilbert Park,
Brightwaters, NY at
approximate
position
40deg42'25'' N
073deg14'52'' W
(NAD 83).
------------------------------------------------------------------------
0
-
Remove Sec. 165.152.
0
-
Revise Sec. 165.154 to read as follows:
Sec. 165.154 Safety and Security Zones; Captain of the Port Long Island Sound Zone Safety and Security Zones.
The following areas are designated safety and security zones:
(a) Security zones.
(1) Dominion Millstone Nuclear Power Plant, Waterford, CT.
(i) All navigable waters of Long Island Sound, from surface to bottom, North and Northeast of a line running from Bay Point, at approximate position 41deg18'34.20'' N, 072deg10'24.60'' W, to Millstone Point at approximate position 41deg18'15.00'' N, 072deg9'57.60'' W (NAD 83).
(ii) All navigable waters of Long Island Sound, from surface to bottom, West of a line starting at 41deg18'42'' N, 072deg09'39'' W, running south to the Eastern most point of Fox Island at approximate position 41deg18'24.11'' N, 072deg09'39.73'' W (NAD 83).
(2) Electric Boat Shipyard, Groton, CT.
(i) Location. All navigable waters of the Thames River, from surface to bottom, West of the Electric Boat Corporation Shipyard enclosed by a line beginning at a point on the shoreline at 41deg20'16''N, 72deg04'47'' W; then running West to 41deg20'16'' N, 72deg04'57'' W; then running North to 41deg20'26'' N, 72deg04'57'' W; then Northwest to 41deg20'28.7'' N, 72deg05'01.7'' W; then North-Northwest to 41deg20'53.3'' N, 72deg05'04.8'' W; then North-Northeast to 41deg21'02.9'' N, 72deg05'04.9'' W; then East to a point on shore at 41deg21'02.9'' N, 72deg04'58.2'' W (NAD 83).
(ii) Application. Sections 165.33(a), (e), (f) shall not apply to public vessels or to vessels owned by, under hire to, or performing work for the Electric Boat
Page 6962
Division when operating in the security zone.
(3) Naval Submarine Base, Groton, CT. All navigable waters of the Thames River, from surface to bottom, West of the Groton Naval Submarine Base New London, enclosed by a line beginning at a point on the shoreline at 41deg23'15.8'' N, 72deg05'17.9'' W; then to 41deg23'15.8'' N, 72deg05'22'' W; then to 41deg23'25.9'' N, 72deg05'29.9'' W; then to 41deg23'33.8'' N, 72deg05'34.7'' W; then to 41deg23'37.0'' N, 72deg05'38.0'' W; then to 41deg23'41.0'' N, 72deg05'40.3'' W; then to 41deg23'47.2'' N, 72deg05'42.3'' W; then to 41deg23'53.8'' N, 72deg05'43.7'' W; then to 41deg23'59.8'' N, 72deg05'43.0'' W; then to 41deg24'12.4'' N, 72deg05'43.2'' W; then to a point on the shoreline at 41deg24'14.4'' N, 72deg05'38'' W; then along the shoreline to the point of beginning (NAD 83).
(4) U.S. Coast Guard Academy, New London, CT.
(i) Location. All navigable waters of the Thames River, from surface to bottom, in a 500-yard radius from Jacobs Rock, approximate position 41deg22'22'' N, 072deg05'40'' W (NAD 83).
(ii) Enforcement period. This rule will be enforced during visits by high-ranking officials and times of heighted security.
(iii) Notification. The Captain of the Port will notify the maritime community of periods during which this security zone will be enforced by all appropriate means such as Local Notice to Mariners, Marine Safety Information Radio Broadcasts or on scene notice.
(5) U.S. Coast Guard Vessels, Long Island Sound COTP Zone. All navigable waters within a 100-yard radius of any anchored U.S. Coast Guard vessel. For the purposes of this section, U.S. Coast Guard vessels includes any commissioned vessel or small boat in the service of the regular U.S. Coast Guard and does not include Coast Guard Auxiliary vessels.
(b) Safety zones.
(1) Coast Guard Station Fire Island, Long Island, NY. All waters of Fire Island Inlet from the shore out to a line beginning at a point on shore at 40deg37'31.4'' N, 073deg15'41.1'' W; then North to 40deg37'35.6'' N, 073deg15'43.1'' W; then East to 40deg37'36.7'' N, 073deg15'39.8'' W; then East to 40deg37'37.8'' N, 073deg15'36.6'' W; then East to 40deg37'41.1'' N, 073deg15'33.5'' W; then Southeast to 40deg37'39.7'' N, 073deg15'27.0'' W; then Southeast to 40deg37'37.5'' N, 073deg15'22.1'' W; then Southeast to 40deg37'37.6'' N, 073deg15'19.1'' W; then Southeast to point on shore at 40deg37'33.9'' N, 073deg15'20.8'' W (NAD 83).
(c) Regulations.
(1) The general regulations contained in Sec. 165.23 and Sec. 165.33 of this part apply. Entering into, remaining within or cause an article or thing to enter into or remain within these safety and security zones is prohibited unless authorized by the Captain of the Port or a designated representative.
(2) These safety and security zones are closed to all vessel traffic, except as may be permitted by the Captain of the Port (COTP) or a designated representative. Vessel operators given permission to enter or operate in the security zones must comply with all directions given to them by the COTP or the designated representative.
(3) The ``designated representative'' is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port to act on his/her behalf. The on-scene representative may be on a Coast Guard vessel, a state or local law enforcement vessel, or other designated craft, or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.
(4) Vessel operators desiring to enter or operate within the security zones shall request permission to do so by contacting the Captain of the Port Sector Long Island Sound at 203-468-4401, or via VHF Channel 16.
0
-
Remove Sec. 165.155.
0
-
Remove Sec. Sec. 165.158 and 165.159.
Dated: January 25, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound.
FR Doc. 2012-2899 Filed 2-9-12; 8:45 am
BILLING CODE 9110-04-P
