Special Local Regulations; Safety and Security Zones; Recurring Events in Captain of the Port Long Island Sound Zone, 36438-36447 [2011-15589]

Download as PDF srobinson on DSK4SPTVN1PROD with PROPOSALS 36438 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules amputation incident using the 800 number. (2) What information do I need to give to OSHA about the incident? You must give OSHA the following information for each fatality, in-patient hospitalization, or amputation incident: (i) The establishment name; (ii) The location of the incident; (iii) The time of the incident; (iv) The number of fatalities or hospitalized employees or amputations; (v) The names of any injured employees; (vi) Your contact person and his or her phone number; and (vii) A brief description of the incident. (3) Do I have to report every fatality or in-patient hospitalization or amputation incident resulting from a motor vehicle accident? No, you do not have to report all of these incidents. If the motor vehicle accident occurs on a public street or highway, and does not occur in a construction work zone, you do not have to report the incident to OSHA. However, these injuries must be recorded on your OSHA injury and illness records, if you are required to keep such records. (4) Do I have to report a fatality or inpatient hospitalization or amputation incident that occurs on a commercial or public transportation system? No, you do not have to call OSHA to report a fatality or hospitalization or amputation incident if it involves a commercial airplane, train, subway, or bus accident. However, these injuries must be recorded on your OSHA injury and illness records, if you are required to keep such records. * * * (6) Do I have to report a fatality or inpatient hospitalization or amputation that occurs long after the incident? No, you must only report each fatality or inpatient hospitalization or amputation that occurs within thirty (30) days of an incident. (7) What if I don’t learn about an incident right away? If you do not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under paragraphs (a) and (b) of this section, you must make the report within eight (8) hours (for a fatality or an in-patient hospitalization) or twenty four (24) hours (for an amputation) of the time the incident is reported to you or to any of your agent(s) or employee(s). (8) What types of injuries are counted as amputations? For purposes of classifying occupational injuries and illnesses, amputations are defined by the Bureau of Labor Statistics in their Occupational Injury and Illness VerDate Mar<15>2010 19:53 Jun 21, 2011 Jkt 223001 Classification Manual. An amputation is the traumatic loss of a limb or other external body part, including a fingertip. In order for an injury to be classified as an amputation, bone must be lost. Amputations include loss of a body part due to a traumatic incident, a gunshot wound, and medical amputations due to irreparable traumatic injuries. Amputations exclude traumatic injuries without bone loss and exclude enucleation (eye removal). [FR Doc. 2011–15277 Filed 6–21–11; 8:45 am] BILLING CODE 4510–26–P 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 Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: The Coast Guard proposes to remove, add, and consolidate special local regulations and establish permanent safety zones for annual recurring marine events as well as establish a permanent security zone in the Coast Guard Sector Long Island Sound Captain of the Port (COTP) Zone. When these special local regulations or safety zones are activated and subject to enforcement, this rule would restrict vessels from portions of water areas during these annual recurring events. The revised special local regulations and safety zones would expedite 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: Comments and related material must be received by the Coast Guard on or before July 22, 2011. Requests for public meetings must be received by the Coast Guard on or before June 29, 2011. ADDRESSES: You may submit comments identified by docket number USCG– 2008–0384 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of SUMMARY: PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. If you have questions on this proposed rule, call or e-mail Petty Officer Joseph Graun, Waterways Management Division at Coast Guard Sector Long Island Sound, telephone 203–468–4544, e-mail 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: FOR FURTHER INFORMATION CONTACT: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2008–0384), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules To submit your comment online, go to http://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2008–0384’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. Basis and Purpose Viewing Comments and Documents The Coast Guard proposes to revise sections 33 CFR 165.151 and 165.154; add section 100.100. The proposed changes will remove 37 regulated areas, establish 32 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. This provides opportunity for the public to comment while limiting the unnecessary burden of continually establishing temporary rules every year. To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2008– 0384’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). srobinson on DSK4SPTVN1PROD with PROPOSALS Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. VerDate Mar<15>2010 19:53 Jun 21, 2011 Jkt 223001 The legal basis for the proposed rule is 33 U.S.C. 1231, 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, which collectively authorize the Coast Guard to define regulatory safety zones, security zones and special local regulations. 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. Discussion of Proposed Rule (1) Establishing new safety zones and special local regulations This rule proposes to establish 32 new safety zones under 33 CFR 165.151 and three special local regulations under 33 CFR; these events are listed below in the text of the regulation. As large numbers of spectator vessels are expected to congregate around the location of these events, the regulated areas are needed to protect both spectators and participants from the safety hazards created by the event. During the enforcement period of the regulated areas, persons and vessels would be prohibited from entering, transiting through, remaining, anchoring or mooring within the zone unless specifically authorized by the COTP or the designated representative. The Coast Guard may be assisted by other Federal, State and local agencies in the enforcement of these regulated areas. Certain safety zones and special local regulations are listed without known dates or times. Coast Guard Sector Long Island Sound will cause notice of the enforcement of these safety zones to be made by all appropriate means to affect PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 36439 the widest publicity among the effected segments of the public, including publication in the Federal Register as a Notice of Enforcement, Local Notice to Mariners and Broadcast Notice to Mariners. (2) Establishing a New Security Zone This rule proposes to establish a security zone in the vicinity of the Coast Guard Academy in New London, CT. This security zone would encompass all navigable waters of the Thames River within a 500-yard radius of Jacobs Rock, located at approximate position 41°22.36′N, 072°05.66′W. The security zone will not encompass the navigable channel in the Thames River, so commercial traffic would be able to pass unimpeded. This security zone would be enforced during visits by government officials and at times of heighted security threats. Entry into this zone would be prohibited unless authorized by the COTP, Long Island Sound. The COTP will notify the maritime community of periods during which this security zone will be enforced via Notice of Enforcement, Local Notice to Mariners and Marine Safety Information Radio Broadcasts. (3) Updating and Reorganizing Existing Regulations We have identified ten regulated areas in 33 CFR 100.114 and eight regulated areas in 33 CFR 165.151 as unnecessary. One exception is event 7.1 in Table 1, American legion Post 83 Fireworks; this event still occurs annually, however it is also regulated under 33 CFR 165.151(a)(19). These regulations are redundant in that they both protect waterway users during the event. This rule proposes to remove the event from 33 CFR 100.114(7.1) because it is unnecessarily duplicative. In addition to removing obsolete regulations, this rule proposes to reorganize and consolidate existing Sector Long Island Sound COTP Zone marine event regulations under 33 CFR 165.151 and non-marine event safety and security zones under 33 CFR 165.154. This action will eliminate the burden and confusion caused by the current configuration of numerous individual regulations spread across two CFR parts. (4) Miscellaneous The regulated area established under 33 CFR 165.155 (Northville Industries Offshore Platform, Riverhead, Long Island, New York-Safety Zone) is no longer in use. The Coast Guard discussed this regulation at length with the current Terminal Manager of the offshore platform. The Terminal Manger E:\FR\FM\22JNP1.SGM 22JNP1 36440 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules indicated the regulation was written when the platform had a different owner and since the current owner acquired the platform in 1992 no liquefied petroleum gas (LPG) transfers have been conducted and there are no future plans to conduct LPG transfers. The terminal manager has no objection to this regulation being removed. We therefore propose to remove 33 CFR 165.155. Additionally, in updating 33 CFR 165.154, two areas currently designated as ‘‘Safety and Security Zones’’ in the current 33 CFR 165.154 would be redesignated simply as security zones. Changing these zones exclusively to security zones is necessary to accurately reflect their intended purpose: to protect the facility and vessels from persons or objects that could cause them harm. Dropping the word safety does not change the size, shape or effectiveness of the zone. What does change is the legal authority behind the regulation. This update is necessary to clarify the intent of and authorities used to enforce these regulations. Regulatory Analyses We developed this proposed 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. srobinson on DSK4SPTVN1PROD with PROPOSALS Regulatory Planning and Review This proposed 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 proposed 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 or special local regulations, in accordance with 33 CFR Parts 100 and 165, for all event areas contained within this proposed regulation and has not received notice of any negative impact caused by any of the safety zones or special local regulations. By establishing a permanent regulation containing all of these events, the Coast Guard will eliminate the need to establish individual temporary rules for each separate event that occurs on an annual basis, thereby limiting the costs of cumulative regulations. VerDate Mar<15>2010 19:53 Jun 21, 2011 Jkt 223001 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 proposed 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 proposed 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 proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would 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. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 Assistance for Small Entities 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 proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Petty Officer Joseph Graun, Waterways Management Division at Coast Guard Sector Long Island Sound, telephone 203–468–4544, e-mail joseph.l.graun@uscg.mil. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call 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 proposed 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules not consider the use of voluntary consensus standards. Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed 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. srobinson on DSK4SPTVN1PROD with PROPOSALS 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 proposed rule does not use technical standards. Therefore, we did VerDate Mar<15>2010 19:53 Jun 21, 2011 Jkt 223001 Environment We have analyzed this proposed 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 made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the establishment of a security zone and water activities including fireworks displays, swim events, and other marine events. This rule may be categorically excluded, under figure 2–1, paragraphs (1) and (34) (g) & (h) of the instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recording requirements, Waterways. 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR parts 100 and 165 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 2. Add a new § 100.100 to read as follows: § 100.100 Special Local Regulations; Regattas and Boat Races in the Coast Guard Sector Long Island Sound Captain of the Port Zone. The following regulations apply to the marine events listed in the TABLE to § 100.100. These regulations will be enforced for the duration of each event, on or about the dates indicated. Annual notice of the exact dates and times of the effective period of the regulations PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 36441 with respect to each event, the geographical area, and details concerning the nature of the event and the number of participants and type(s) of vessels involved will be published in a Local Notices to Mariners and broadcast over VHF. First Coast Guard District Local Notice to Mariners can be found at: http://www.navcen.uscg.gov/. Although listed in the Code of Federal Regulations, sponsors of events listed in TABLE to § 100.100 are still required to submit marine event applications in accordance with 33 CFR 100.15. (a) 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, Sector Long Island Sound (COTP), 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. (b) Vessel operators desiring to enter or operate within the regulated areas shall contact the COTP or the designated representative via VHF channel 16. (c) 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. (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) 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. E:\FR\FM\22JNP1.SGM 22JNP1 36442 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules (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) 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 § 100.100 1.1 Harvard-Yale Regatta, Thames River, New London, CT. 1.2 Great Connecticut River Raft Race, Middletown, CT. 1.3 Head of the Connecticut Regatta, Connecticut River, CT. Riverfront Regatta, Hartford, CT ................ 1.5 srobinson on DSK4SPTVN1PROD with PROPOSALS 1.4 Patchogue Grand Prix, Patchogue, NY ..... 1.6 Riverfront U.S. Title series Powerboat Race, Hartford, CT. • Event type: Boat Race. • Date: May or June. • Location: All waters of the Thames River at New London, Connecticut, from the Penn Central Draw Bridge to Bartlett Cove. • 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. • Event type: Boat Race. • Date: Last Saturday in July or the first Saturday in August from 10 a.m. to 2 p.m. • Location: All waters of the Connecticut River between Dart Island (Marker no. 73) and Portland Shoals (Marker no. 92), Middletown, CT. • Event type: Boat Race. • Date: The second Saturday of October or as published in the Local Notice to Mariners. • Location: All waters of the Connecticut River between the southern tip of Gildersleeve Island and Light Number 87. • 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. • Event type: Regatta. • Date: The first Sunday of October, from 8:30 a.m. to 4:30 p.m. • Location: All water of the Connecticut River, Hartford, CT, between the Putnum Bridge 41°42.87′ N 072°38.43′ W and the Riverside Boat House 41°46.42′ N, 072°39.83′ W (NAD 83). • Event type: Boat Race. • Date: The last weekend of August Friday, Saturday and Sunday, 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 40°44′45″ N, 073°00′51″ W then running south to a point in Great South Bay at position 40°43′46″N, 073°00′51″ W then running south east to position 40°43′41″ N, 073°00′20″ W then running north east to position 40°43′54″ N, 072°58′46″ W then east to position 40°43′58″ N, 072°57′32″ W then east to position 40°43′57″ N, 072°56′49″ W then north to position 40°44′18″ N, 072°56′49″ W then west to position 40°44′18″ N, 072°57′32″ W then north west to position 40°44′30″ N, 072°58′32″ W then north west to position 40°44′33″ N, 072°59′12″ W then north west to position 40°44′41″ N, 072°59′51″ W then north west to position 40°44′46″ N, 073°00′04″ W and then closing the zone at position 40°44′45″ N, 073°00′51″ W (NAD 83). • Event type: Boat Race. • Date: Labor Day weekend, 10 a.m. until 6 p.m. Friday and Saturday and 12:01 p.m. until 6 p.m. on Sunday. VerDate Mar<15>2010 19:53 Jun 21, 2011 Jkt 223001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules 36443 TABLE TO § 100.100—Continued • Location: All water of the Connecticut River, Hartford, CT, between the Founders Bridge on the North approximate position 41° 45′53.47″ N, 072°39′55.77″ W and 41° 45′37.39″ N, 072°39′47.49″ W (NAD 83) to the South. 3. Remove the following entries in the ‘‘Fireworks Display Table’’ in § 100.114 (along with the associated ‘‘Connecticut’’ 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. 4. Remove §§ 100.101, 100.102, 100.105, 100.106, 100.121, 100.122, 100.124. PART 165—REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS 5. 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. 6. Remove § 165.140, 165.152, 165.155, 165.158, 165.159. 7. Revise § 165.151 to read as follows: § 165.151 Safety Zones; Fireworks Displays, Airshows and Swim Events in the Captain of the Port Long Island Sound Zone. (a) Regulations. 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 § 165.151. These regulations will be enforced for the duration of each event. 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. 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/. Although listed in the Code of Federal Regulations, sponsors of events listed in TABLES 1 and 2 to § 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, Sector Long Island Sound (COTP), 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. (b) Vessel operators desiring to enter or operate within the regulated areas should contact the COTP or the designated representative via VHF channel 16 to obtain permission to do so. (c) 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. (d) 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. (e) 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. (f) The regulated area for all fireworks displays listed in TABLE 1 to § 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 § 165.151 or modified in USCG First District Local Notice to Mariners at: http:// www.navcen.uscg.gov/. (g) 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 § 165.151 or modified in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/. (h) Fireworks barges used in these locations will also have a sign on their 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 § 165.151. (i) For all swim events listed in TABLE 2 to § 165.151, vessels not associated with the event shall maintain a separation of at least 100 yards from the participants. TABLE 1—TO § 165.151 srobinson on DSK4SPTVN1PROD with PROPOSALS 5—May 5.1 Jones Beach Air Show VerDate Mar<15>2010 19:53 Jun 21, 2011 • Location: Waters of Atlantic Ocean off of Jones Beach State Park, Wantagh, NY. In approximate positions 40°35′06″ N, 073°32′37″ W, then running east along the shoreline of Jones Beach State Park to approximate position 40°35′49″ N, 073°28′47″ W; then running south to a position in the Atlantic Ocean off of Jones Beach at approximate position 40°35′05″ N, 073°28′34″ W; then running West to approximate position 40°34′23″ N, 073°32′23″ W; then running North to the point of origin. (NAD 83). Jkt 223001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 36444 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules TABLE 1—TO § 165.151—Continued 6—June 6.1 Barnum Festival Fireworks. 6.2 Town of Branford Fireworks. 6.3 Vietnam Veterans/ Town of East Haven Fireworks. • Date: last weekend in June. • Rain Date: following day. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Bridgeport Harbor, Bridgeport, CT in approximate position 41°9′04″ N, 073°12′49″ W (NAD 83). • Location: Waters of Branford Harbor, Branford, CT in approximate position, 41°15′30″ N, 072°49′22″ W (NAD 83). • Location: Waters off Cosey Beach, East Haven, CT in approximate position, 41°14′19″ N, 072°52′9.8″ W (NAD 83). 7—July 7.1 Point O’Woods Fire Company Summer Fireworks. 7.2 Cancer Center for Kids Fireworks. 7.3 City of Westbrook, CT July Celebration Fireworks. 7.4 Norwalk Fireworks. 7.5 Lawrence Beach Club Fireworks. 7.6 Sag Harbor Fireworks 7.7 South Hampton fresh Air Home Fireworks. 7.8 Westport Police Athletic league Fireworks. 7.9 City of Middletown Fireworks. 7.10 City of New Haven Fireworks. 7.11 City of Norwich July Fireworks. 7.12 City of Stamford Fireworks. srobinson on DSK4SPTVN1PROD with PROPOSALS 7.13 City of West Haven Fireworks. 7.14 CDM Chamber of Commerce Annual Music Fest Fireworks. 7.15 Davis Park Fireworks VerDate Mar<15>2010 19:53 Jun 21, 2011 • Location: Waters of the Great South Bay, Point O’Woods, NY in approximate position 40°39′18.57″ N, 073°08′5.73″ W (NAD 83). • Location: Waters off of Bayville, NY in approximate position 40°54′38.20″ N, 073°34′56.88″ W (NAD 83). • Location: Waters of Westbrook Harbor, Westbrook, CT in approximate position, 41°16′10.50″ N, 072°26′14″ W (NAD 83). • Location: Waters off Calf Pasture Beach, Norwalk, CT in approximate position, 41°04′50″ N, 073°23′22″ W (NAD 83). • Location: Waters of the Atlantic Ocean off Lawrence Beach Club, Atlantic Beach, NY in approximate position 40°34′42.65″ N, 073°42′56.02″ W (NAD 83). • Location: Waters of Sag Harbor Bay off Havens Beach, Sag Harbor, NY in approximate position 41°00′26″ N, 072°17′9″ W (NAD 83). • Location: Waters of Shinnecock Bay, Southampton, NY in approximate positions, 40°51′48″ N, 072°26′30″ W (NAD 83). • Location: Waters off Compo Beach, Westport, CT in approximate position, 41°06′15″ N, 073°20′57″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River, Middletown Harbor, Middletown, CT in approximate position 41°33′44.47″ N, 072°38′37.88″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of New Haven Harbor, off Long Warf Park, New Haven, CT in approximate position 41°17′24″ N, 072°54′55.8″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Thames River, Norwich, CT in approximate position, 41°31′16.835″ N, 072°04′43.327″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Fisher’s Westcott Cove, Stamford, CT in approximate position 41°02′09.56″ N, 073°30′57.76″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position 41°15′07″ N, 072°57′26″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off of Cedar Beach Town Park, Mount Sinai, NY in approximate position 40°57′59.58″ N, 073°01′57.87″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. Jkt 223001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules 36445 TABLE 1—TO § 165.151—Continued 7.16 Fairfield Aerial Fireworks. 7.17 Fund in the Sun Fireworks. 7.18 Hartford Riverfest Fireworks. 7.19 Independence Day Celebration Fireworks. 7.20 Jones Beach State Park Fireworks. 7.21 Madison Cultural Arts Fireworks. 7.22 Mason’s Island Yacht Club Fireworks. 7.23 Patchogue Chamber of Commerce Fireworks. 7.24 Riverfest Fireworks. srobinson on DSK4SPTVN1PROD with PROPOSALS 7.25 Village of Asharoken Fireworks. 7.26 Village of Port Jefferson Fourth of July Celebration Fireworks. 7.27 Village of Quoque Foundering Anniversary Fireworks. VerDate Mar<15>2010 19:53 Jun 21, 2011 • Location: Waters of the Great South Bay, Davis Park, NY in approximate position, 40°41′17″ N, 073°00′20″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Jennings Beach, Fairfield, CT in approximate position 41°08′22″ N, 073°14′02″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • 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 40°40′07.43″ N, 073°04′13.88″ W. (NAD 83). • Date: July 4, 2010. • Rain Date: July 5, 2010. • Time 9:00 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River off Hartford, CT in approximate position 41°45′21″ N, 072°39′28″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off of Umbrella Beach, Montauk, NY in approximate position 41°01′44″ N, 071°57′13″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off of Jones Beach State Park, Wantagh, NY in approximate position 40°34′56.676″ N, 073°30′31.186″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Long Island Sound off of, Madison, CT in approximate position 41°16′10″ N, 072°36′30″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Fisher’s Island Sound, Noank, CT in approximate position 41°19′30.61″ N, 071°57′48.22″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay, Patchogue, NY in approximate position, 40°44′38″ N, 073°00′33″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River Hartford, CT in approximate positions, 41°45′39.93″ N, 072°39′49.14″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Northport Bay, Asharoken, NY in approximate position, 41°55′54.04″ N, 073°21′27.97″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Port Jefferson Harbor Port Jefferson, NY in approximate position 40°57′10.11″ N, 073°04′28.01″ W (NAD 83). • Date: July 4, 2010. • Rain date: July 5, 2010. • Time: 8:30 p.m. to 10:30 p.m. Jkt 223001 PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 36446 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules TABLE 1—TO § 165.151—Continued 7.28 City of Long Beach Fireworks. 7.29 Great South Bay Music Festival Fireworks. 7.30 Mashantucket Pequot Fireworks. 7.31 Shelter Island Fireworks. 7.32 Thames River Fireworks. 7.33 Clam Shell Foundation Fireworks. 7.34 Town of North Hempstead Bar Beach Fireworks. 7.35 Groton Long Point Yacht Club Fireworks. • Location: Waters of Quantuck Bay, Quoque, NY in approximate position 40°48′42.99″ N, 072°37′20.20″ W (NAD 83). • Location: Waters off Riverside Blvd, City of Long Beach, NY in approximate position 40°34′38.77″ N, 073°39′41.32″ W (NAD 83). • Location: Waters of Great South Bay, off Bay Avenue, Patchogue, NY in approximate position 40°44′45″ N, 073°00′25″ W (NAD 83). • Location: Waters of the Thames River New London, CT in approximate positions Barge 1, 41°21′03.03″ N, 072°5′24.5″ W Barge 2, 41°20′51.75″ N, 072°5′18.90″ W (NAD 83). • Location: Waters of Gardiner Bay, Shelter Island, NY in approximate position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83). • Location: Waters of the Thames River off the Electric Boat Company, Groton, CT in approximate position 41°20′38.75″ N, 072°05′12.22″ W (NAD 83). • Location: Waters of Three Mile Harbor, East Hampton, NY in approximate position 41°1′15.49″ N, 072°11′27.50″ W (NAD 83). • Location: Waters of Hempstead Harbor, North Hempstead, NY in approximate position 40°49′54″ N, 073°39′14″ W (NAD 83). • Location: Waters of Long Island Sound, Groton, CT in approximate position 41°18′05″ N, 072°02′08″ W (NAD 83). 8—August 8.1 Pyro-FX Entertainment Group Fireworks. 8.2 Port Washington Sons of Italy Fireworks. 8.3 Village of Bellport Fireworks. 8.4 Taste of Italy Fireworks 8.5 Old Black Point Beach Association Fireworks. 8.6 Town of Babylon Fireworks. • Location: Waters of the Connecticut River off Chester, CT in approximate position 41°24′40.76″ N, 072°25′32.65″ W (NAD 83). • Location: Waters of Hempstead Harbor off Bar Beach, North Hempstead, NY in approximate position 40°49′48.04″ N, 073°39′24.32″ W (NAD 83). • Location: Waters of Bellport Bay, off Bellport Dock, Bellport, NY in approximate position 40°45′01.83″ N, 072°55′50.43″ W (NAD 83). • Location: Waters of Norwich Harbor, off Norwich marina, Norwich, CT in approximate position 41°31′17.72″ N, 072°04′43.41″ W (NAD 83). • Location: Waters off Old Black Point Beach East Lyme, CT in approximate position, 41°17′34.9″ N, 072°12′55″ W (NAD 83). • Location: Waters off of Cedar Beach Town Park, Babylon, NY in approximate position 40°37′53″ N, 073°20′12″ W (NAD 83). 9—September 9.1 East Hampton Fire Department Fireworks. 9.2 Town of Islip Labor Day Fireworks. 9.3 Village of Island Park Labor Day Celebration Fireworks. • Location: Waters off Main Beach, East Hampton, NY in approximate position 40°56′40.28″ N, 072°11′21.26″ W (NAD 83). • Location: Waters of Great South Bay off Bay Shore Marina, Islip, NY in approximate position 40°42′24″ N, 073°14′24″ W (NAD 83). • Location: Waters off Village of Island Park Fishing Pier, Village Beach, NY in approximate position 40°36′30.95″ N, 073°39′22.23″ W (NAD 83). TABLE 2 TO § 165.151 1.1 Swim Across the Sound .............. 1.2 Huntington Bay Open Championships Swim. Water 1.3 Maggie Fischer Memorial Great South Bay Cross Bay Swim. • Location: Waters of Long Island Sound, Port Jefferson, NY to Captain’s Cove Seaport, Bridgeport, CT. in approximate positions 40°58′11.71″ N, 073°05′51.12″ W, north-westerly to the finishing point at Captain’s Cove Seaport 41°09′25.07″ N, 073°12′47.82″ W (NAD 83). • Location: Waters of Huntington Bay, NY. In approximate positions start/finish at approximate position 40°54′25.8″ N, 073°24′28.8″ W, East turn at approximate position 40°54′45″ N, 073°23′36.6″ W and a West turn at approximate position 40°54′31.2″ N, 073°25′21″ W. °09′25.07″ N, 073°12′47.82″ W (NAD 83). • Location: Waters of the Great South Bay, NY. Starting Point at the Fire Island Lighthouse Dock in approximate position 40°38′01″ N, 073°13′07″ W, northerly through approximate points 40°38′52″ N, 073°13′09″ W, 40°39′40″ N, 073°13′30″ W, 40°40′30″ N, 073°14′00″ W, and finishing at Gilbert Park, Brightwaters, NY at approximate position 40°42′25″ N, 073°14′52″ W (NAD 83). srobinson on DSK4SPTVN1PROD with PROPOSALS 8. Revise § 165.154 to read as follows: § 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. VerDate Mar<15>2010 19:53 Jun 21, 2011 Jkt 223001 (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 41°18′34.199″ N., 072°10′24.6″ W., to Millstone Point at approximate position 41°18′15″ N., 072°9′57.599″ W. (NAD 83). (ii) All navigable waters of Long Island Sound, from surface to bottom, West of a line starting at 41°18′42″ N., PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 072°9′38.998″ W., running south to the Eastern most point of Fox Island at approximate position 41°18′24.112″ N., 072°9′39.729″ 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 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Proposed Rules 41°20′16″ N., 72°04′47″ W.; then running West to 41°20′16″ N., 72°04′57″ W.; then running North to 41°20′26″ N., 72°04′57″ W.; then Northwest to 41°20′28.7″ N., 72°05′01.7″ W.; then North-Northwest to 41°20′53.3″ N., 72°05′04.8″ W.; then North-Northeast to 41°21′02.9″ N., 72°05′04.9″ W.; then East to a point on shore at 41°21′02.9″ N., 72°04′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 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 41°23′15.8″ N., 72°05′17.9″ W.; then to 41°23′15.8″ N., 72°05′22″ W.; then to 41°23′25.9″ N., 72°05′29.9″ W.; then to 41°23′33.8″ N., 72°05′34.7″ W.; then to 41°23′37.0″ N., 72°05′38.0″ W.; then to 41°23′41.0″ N., 72°05′40.3″ W.; then to 41°23′47.2″ N., 72°05′42.3″ W.; then to 41°23′53.8″ N., 72°05′43.7″ W.; then to 41°23′59.8″ N., 72°05′43.0″ W.; then to 41°24′12.4″ N., 72°05′43.2″ W.; then to a point on the shoreline at 41°24′14.4″ N., 72°05′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 41°22.36′N., 072°05.66′W. (NAD 83). (ii) Enforcement period. This rule will be enforced during visits by high ranking officials and times of heighted security threats. (iii) Notification. The Captain of the Port will notify the maritime community of periods during which this security zone will be enforced via Notice of Enforcement, Local Notice to Mariners and Marine Safety Information Radio Broadcasts. (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 navigable waters of Fire Island Inlet beginning at a point on shore at 40°37.523′ N., 073°15.685′ W.; then North to 40°37.593′ N., 073°15.719′ VerDate Mar<15>2010 19:53 Jun 21, 2011 Jkt 223001 W.; then East to 40°37.612′ N., 073°15.664′ W.; then East to 40°37.630′ N., 073°15.610′ W.; then East to 40°37.641′ N., 073°15.558′ W.; then Southeast to 40°37.630′ N., 073°15.475′ W.; then Southeast to 40°37.625′ N., 073°15.369′ W.; then Southeast to 40°37.627′ N., 073°15.318′ W.; then Southeast to point on shore at 40°37.565′ N., 073°15.346′ W. (NAD 83). (c) Regulations. (1) The general regulations contained in § 165.23 and § 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 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 Captain of the Port or a 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. Dated: May 6, 2011. J.M. Vojvodich, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2011–15589 Filed 6–21–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY ACTION: 36447 Notice of proposed rulemaking. The Coast Guard proposes to establish a temporary safety zone during the ‘‘NAS Patuxent River Air Expo ’11’’, which consists of aerial practices, performance demonstrations and air shows, to be held over certain waters of the Patuxent River adjacent to Patuxent River, Maryland from September 1, 2011 through September 4, 2011. This proposed rule is necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in portions of the Patuxent River during the event. DATES: Comments and related material must be received by the Coast Guard on or before July 22, 2011. ADDRESSES: You may submit comments identified by docket number USCG– 2011–0426 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: 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– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. SUMMARY: If you have questions on this proposed rule, call or e-mail Mr. Ronald Houck, Sector Baltimore Waterways Management Division, Coast Guard; telephone 410–576–2674, e-mail Ronald.L.Houck@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: FOR FURTHER INFORMATION CONTACT: Coast Guard Public Participation and Request for Comments 33 CFR Part 165 We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. [Docket No. USCG–2011–0426] RIN 1625–AA00 Safety Zone; Patuxent River, Patuxent River, MD AGENCY: PO 00000 Coast Guard, DHS. Frm 00062 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1

Agencies

[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36438-36447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15589]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to remove, add, and consolidate 
special local regulations and establish permanent safety zones for 
annual recurring marine events as well as establish a permanent 
security zone in the Coast Guard Sector Long Island Sound Captain of 
the Port (COTP) Zone. When these special local regulations or safety 
zones are activated and subject to enforcement, this rule would 
restrict vessels from portions of water areas during these annual 
recurring events. The revised special local regulations and safety 
zones would expedite 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: Comments and related material must be received by the Coast 
Guard on or before July 22, 2011.
    Requests for public meetings must be received by the Coast Guard on 
or before June 29, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2008-0384 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Petty Officer Joseph Graun, Waterways Management 
Division at Coast Guard Sector Long Island Sound, telephone 203-468-
4544, e-mail 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0384), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.

[[Page 36439]]

    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2008-0384'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2008-0384'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231, 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, which 
collectively authorize the Coast Guard to define regulatory safety 
zones, security zones and special local regulations.
    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.

Discussion of Proposed Rule

    The Coast Guard proposes to revise sections 33 CFR 165.151 and 
165.154; add section 100.100. The proposed changes will remove 37 
regulated areas, establish 32 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. This provides 
opportunity for the public to comment while limiting the unnecessary 
burden of continually establishing temporary rules every year.

(1) Establishing new safety zones and special local regulations

    This rule proposes to establish 32 new safety zones under 33 CFR 
165.151 and three special local regulations under 33 CFR; these events 
are listed below in the text of the regulation. As large numbers of 
spectator vessels are expected to congregate around the location of 
these events, the regulated areas are needed to protect both spectators 
and participants from the safety hazards created by the event. During 
the enforcement period of the regulated areas, persons and vessels 
would be prohibited from entering, transiting through, remaining, 
anchoring or mooring within the zone unless specifically authorized by 
the COTP or the designated representative. The Coast Guard may be 
assisted by other Federal, State and local agencies in the enforcement 
of these regulated areas.
    Certain safety zones and special local regulations are listed 
without known dates or times. Coast Guard Sector Long Island Sound will 
cause notice of the enforcement of these safety zones to be made by all 
appropriate means to affect the widest publicity among the effected 
segments of the public, including publication in the Federal Register 
as a Notice of Enforcement, Local Notice to Mariners and Broadcast 
Notice to Mariners.

(2) Establishing a New Security Zone

    This rule proposes to establish a security zone in the vicinity of 
the Coast Guard Academy in New London, CT. This security zone would 
encompass all navigable waters of the Thames River within a 500-yard 
radius of Jacobs Rock, located at approximate position 41[deg]22.36'N, 
072[deg]05.66'W. The security zone will not encompass the navigable 
channel in the Thames River, so commercial traffic would be able to 
pass unimpeded. This security zone would be enforced during visits by 
government officials and at times of heighted security threats. Entry 
into this zone would be prohibited unless authorized by the COTP, Long 
Island Sound. The COTP will notify the maritime community of periods 
during which this security zone will be enforced via Notice of 
Enforcement, Local Notice to Mariners and Marine Safety Information 
Radio Broadcasts.

(3) Updating and Reorganizing Existing Regulations

    We have identified ten regulated areas in 33 CFR 100.114 and eight 
regulated areas in 33 CFR 165.151 as unnecessary. One exception is 
event 7.1 in Table 1, American legion Post 83 Fireworks; this event 
still occurs annually, however it is also regulated under 33 CFR 
165.151(a)(19). These regulations are redundant in that they both 
protect waterway users during the event. This rule proposes to remove 
the event from 33 CFR 100.114(7.1) because it is unnecessarily 
duplicative.
    In addition to removing obsolete regulations, this rule proposes to 
reorganize and consolidate existing Sector Long Island Sound COTP Zone 
marine event regulations under 33 CFR 165.151 and non-marine event 
safety and security zones under 33 CFR 165.154. This action will 
eliminate the burden and confusion caused by the current configuration 
of numerous individual regulations spread across two CFR parts.

(4) Miscellaneous

    The regulated area established under 33 CFR 165.155 (Northville 
Industries Offshore Platform, Riverhead, Long Island, New York-Safety 
Zone) is no longer in use. The Coast Guard discussed this regulation at 
length with the current Terminal Manager of the offshore platform. The 
Terminal Manger

[[Page 36440]]

indicated the regulation was written when the platform had a different 
owner and since the current owner acquired the platform in 1992 no 
liquefied petroleum gas (LPG) transfers have been conducted and there 
are no future plans to conduct LPG transfers. The terminal manager has 
no objection to this regulation being removed. We therefore propose to 
remove 33 CFR 165.155.
    Additionally, in updating 33 CFR 165.154, two areas currently 
designated as ``Safety and Security Zones'' in the current 33 CFR 
165.154 would be re-designated simply as security zones. Changing these 
zones exclusively to security zones is necessary to accurately reflect 
their intended purpose: to protect the facility and vessels from 
persons or objects that could cause them harm. Dropping the word safety 
does not change the size, shape or effectiveness of the zone. What does 
change is the legal authority behind the regulation. This update is 
necessary to clarify the intent of and authorities used to enforce 
these regulations.

Regulatory Analyses

    We developed this proposed 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.

Regulatory Planning and Review

    This proposed 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 proposed 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 or special 
local regulations, in accordance with 33 CFR Parts 100 and 165, for all 
event areas contained within this proposed regulation and has not 
received notice of any negative impact caused by any of the safety 
zones or special local regulations. By establishing a permanent 
regulation containing all of these events, the Coast Guard will 
eliminate the need to establish individual temporary rules for each 
separate event that occurs on an annual basis, thereby limiting the 
costs of cumulative 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 
proposed 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 proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Petty Officer Joseph Graun, 
Waterways Management Division at Coast Guard Sector Long Island Sound, 
telephone 203-468-4544, e-mail joseph.l.graun@uscg.mil. The Coast Guard 
will not retaliate against small entities that question or complain 
about this proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice

[[Page 36441]]

Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment.
    A preliminary environmental analysis checklist supporting this 
determination is available in the docket where indicated under 
ADDRESSES. This proposed rule involves the establishment of a security 
zone and water activities including fireworks displays, swim events, 
and other marine events. This rule may be categorically excluded, under 
figure 2-1, paragraphs (1) and (34) (g) & (h) of the instruction. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recording 
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233.

    2. 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.

    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. Annual notice 
of the exact dates and times of the effective period of the regulations 
with respect to each event, the geographical area, and details 
concerning the nature of the event and the number of participants and 
type(s) of vessels involved will be published in a Local Notices to 
Mariners and broadcast over VHF. First Coast Guard District Local 
Notice to Mariners can be found at: http://www.navcen.uscg.gov/.
    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.
    (a) 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, Sector 
Long Island Sound (COTP), 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.
    (b) Vessel operators desiring to enter or operate within the 
regulated areas shall contact the COTP or the designated representative 
via VHF channel 16.
    (c) 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.
    (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) 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.

[[Page 36442]]

    (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) 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
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1.1 Harvard-Yale Regatta,       Event type: Boat Race.
 Thames River, New London, CT.
                                Date: May or June.
                                Location: All waters of the
                                Thames River at New London, Connecticut,
                                from the Penn Central Draw Bridge to
                                Bartlett Cove.
                                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     Event type: Boat Race.
 Raft Race, Middletown, CT.
                                Date: Last Saturday in July or
                                the first Saturday in August from 10
                                a.m. to 2 p.m.
                                Location: All waters of the
                                Connecticut River between Dart Island
                                (Marker no. 73) and Portland Shoals
                                (Marker no. 92), Middletown, CT.
1.3 Head of the Connecticut     Event type: Boat Race.
 Regatta, Connecticut River,
 CT.
                                Date: The second Saturday of
                                October or as published in the Local
                                Notice to Mariners.
                                Location: All waters of the
                                Connecticut River between the southern
                                tip of Gildersleeve Island and Light
                                Number 87.
                                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.
1.4 Riverfront Regatta,         Event type: Regatta.
 Hartford, CT.
                                Date: The first Sunday of
                                October, from 8:30 a.m. to 4:30 p.m.
                                Location: All water of the
                                Connecticut River, Hartford, CT, between
                                the Putnum Bridge 41[deg]42.87' N
                                072[deg]38.43' W and the Riverside Boat
                                House 41[deg]46.42' N, 072[deg]39.83' W
                                (NAD 83).
1.5 Patchogue Grand Prix,       Event type: Boat Race.
 Patchogue, NY.
                                Date: The last weekend of August
                                Friday, Saturday and Sunday, 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 40[deg]44'45''
                                N, 073[deg]00'51'' W then running south
                                to a point in Great South Bay at
                                position 40[deg]43'46''N,
                                073[deg]00'51'' W then running south
                                east to position 40[deg]43'41'' N,
                                073[deg]00'20'' W then running north
                                east to position 40[deg]43'54'' N,
                                072[deg]58'46'' W then east to position
                                40[deg]43'58'' N, 072[deg]57'32'' W then
                                east to position 40[deg]43'57'' N,
                                072[deg]56'49'' W then north to position
                                40[deg]44'18'' N, 072[deg]56'49'' W then
                                west to position 40[deg]44'18'' N,
                                072[deg]57'32'' W then north west to
                                position 40[deg]44'30'' N,
                                072[deg]58'32'' W then north west to
                                position 40[deg]44'33'' N,
                                072[deg]59'12'' W then north west to
                                position 40[deg]44'41'' N,
                                072[deg]59'51'' W then north west to
                                position 40[deg]44'46'' N,
                                073[deg]00'04'' W and then closing the
                                zone at position 40[deg]44'45'' N,
                                073[deg]00'51'' W (NAD 83).
1.6 Riverfront U.S. Title       Event type: Boat Race.
 series Powerboat Race,
 Hartford, CT.
                                Date: Labor Day weekend, 10 a.m.
                                until 6 p.m. Friday and Saturday and
                                12:01 p.m. until 6 p.m. on Sunday.

[[Page 36443]]

 
                                Location: All water of the
                                Connecticut River, Hartford, CT, between
                                the Founders Bridge on the North
                                approximate position 41[deg] 45'53.47''
                                N, 072[deg]39'55.77'' W and 41[deg]
                                45'37.39'' N, 072[deg]39'47.49'' W (NAD
                                83) to the South.
------------------------------------------------------------------------

    3. Remove the following entries in the ``Fireworks Display Table'' 
in Sec.  100.114 (along with the associated ``Connecticut'' 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.
    4. Remove Sec. Sec.  100.101, 100.102, 100.105, 100.106, 100.121, 
100.122, 100.124.

PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS

    5. 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.

    6. Remove Sec.  165.140, 165.152, 165.155, 165.158, 165.159.
    7. Revise Sec.  165.151 to read as follows:


Sec.  165.151  Safety Zones; Fireworks Displays, Airshows and Swim 
Events in the Captain of the Port Long Island Sound Zone.

    (a) Regulations.
    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.
    These regulations will be enforced for the duration of each event. 
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. 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/.
    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, Sector 
Long Island Sound (COTP), 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.
    (b) Vessel operators desiring to enter or operate within the 
regulated areas should contact the COTP or the designated 
representative via VHF channel 16 to obtain permission to do so.
    (c) 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.
    (d) 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.
    (e) 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.
    (f) 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/.
    (g) 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/.
    (h) Fireworks barges used in these locations will also have a sign 
on their 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.
    (i) 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
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                 5--May
------------------------------------------------------------------------
5.1 Jones Beach Air Show.....   Location: Waters of Atlantic
                                Ocean off of Jones Beach State Park,
                                Wantagh, NY. In approximate positions
                                40[deg]35'06'' N, 073[deg]32'37'' W,
                                then running east along the shoreline of
                                Jones Beach State Park to approximate
                                position 40[deg]35'49'' N,
                                073[deg]28'47'' W; then running south to
                                a position in the Atlantic Ocean off of
                                Jones Beach at approximate position
                                40[deg]35'05'' N, 073[deg]28'34'' W;
                                then running West to approximate
                                position 40[deg]34'23'' N,
                                073[deg]32'23'' W; then running North to
                                the point of origin. (NAD 83).
------------------------------------------------------------------------

[[Page 36444]]

 
                                 6--June
------------------------------------------------------------------------
6.1 Barnum Festival Fireworks   Date: last weekend in June.
                                Rain Date: following day.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Bridgeport
                                Harbor, Bridgeport, CT in approximate
                                position 41[deg]9'04'' N,
                                073[deg]12'49'' W (NAD 83).
6.2 Town of Branford            Location: Waters of Branford
 Fireworks.                     Harbor, Branford, CT in approximate
                                position, 41[deg]15'30'' N,
                                072[deg]49'22'' W (NAD 83).
------------------------------------------------------------------------
6.3 Vietnam Veterans/Town of    Location: Waters off Cosey
 East Haven Fireworks.          Beach, East Haven, CT in approximate
                                position, 41[deg]14'19'' N,
                                072[deg]52'9.8'' W (NAD 83).
------------------------------------------------------------------------
                                 7--July
------------------------------------------------------------------------
7.1 Point O'Woods Fire          Location: Waters of the Great
 Company Summer Fireworks.      South Bay, Point O'Woods, NY in
                                approximate position 40[deg]39'18.57''
                                N, 073[deg]08'5.73'' W (NAD 83).
7.2 Cancer Center for Kids      Location: Waters off of
 Fireworks.                     Bayville, NY in approximate position
                                40[deg]54'38.20'' N, 073[deg]34'56.88''
                                W (NAD 83).
7.3 City of Westbrook, CT       Location: Waters of Westbrook
 July Celebration Fireworks.    Harbor, Westbrook, CT in approximate
                                position, 41[deg]16'10.50'' N,
                                072[deg]26'14'' W (NAD 83).
7.4 Norwalk Fireworks.          Location: Waters off Calf
                                Pasture Beach, Norwalk, CT in
                                approximate position, 41[deg]04'50'' N,
                                073[deg]23'22'' W (NAD 83).
7.5 Lawrence Beach Club         Location: Waters of the Atlantic
 Fireworks.                     Ocean off Lawrence Beach Club, Atlantic
                                Beach, NY in approximate position
                                40[deg]34'42.65'' N, 073[deg]42'56.02''
                                W (NAD 83).
7.6 Sag Harbor Fireworks.....   Location: Waters of Sag Harbor
                                Bay off Havens Beach, Sag Harbor, NY in
                                approximate position 41[deg]00'26'' N,
                                072[deg]17'9'' W (NAD 83).
7.7 South Hampton fresh Air     Location: Waters of Shinnecock
 Home Fireworks.                Bay, Southampton, NY in approximate
                                positions, 40[deg]51'48'' N,
                                072[deg]26'30'' W (NAD 83).
7.8 Westport Police Athletic    Location: Waters off Compo
 league Fireworks.              Beach, Westport, CT in approximate
                                position, 41[deg]06'15'' N,
                                073[deg]20'57'' W (NAD 83).
7.9 City of Middletown          Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of the
                                Connecticut River, Middletown Harbor,
                                Middletown, CT in approximate position
                                41[deg]33'44.47'' N, 072[deg]38'37.88''
                                W (NAD 83).
7.10 City of New Haven          Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of New Haven
                                Harbor, off Long Warf Park, New Haven,
                                CT in approximate position
                                41[deg]17'24'' N, 072[deg]54'55.8'' W
                                (NAD 83).
7.11 City of Norwich July       Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of the Thames
                                River, Norwich, CT in approximate
                                position, 41[deg]31'16.835'' N,
                                072[deg]04'43.327'' W (NAD 83).
7.12 City of Stamford           Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Fisher's
                                Westcott Cove, Stamford, CT in
                                approximate position 41[deg]02'09.56''
                                N, 073[deg]30'57.76'' W (NAD 83).
7.13 City of West Haven         Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of New Haven
                                Harbor, off Bradley Point, West Haven,
                                CT in approximate position
                                41[deg]15'07'' N, 072[deg]57'26'' W (NAD
                                83).
7.14 CDM Chamber of Commerce    Date: July 4, 2010.
 Annual Music Fest Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters off of Cedar
                                Beach Town Park, Mount Sinai, NY in
                                approximate position 40[deg]57'59.58''
                                N, 073[deg]01'57.87'' W (NAD 83).
7.15 Davis Park Fireworks....   Date: July 4, 2010.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.

[[Page 36445]]

 
                                Location: Waters of the Great
                                South Bay, Davis Park, NY in approximate
                                position, 40[deg]41'17'' N,
                                073[deg]00'20'' W (NAD 83).
7.16 Fairfield Aerial           Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Jennings
                                Beach, Fairfield, CT in approximate
                                position 41[deg]08'22'' N,
                                073[deg]14'02'' W (NAD 83).
7.17 Fund in the Sun            Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                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
                                40[deg]40'07.43'' N, 073[deg]04'13.88''
                                W. (NAD 83).
7.18 Hartford Riverfest         Date: July 4, 2010.
 Fireworks.
                                Rain Date: July 5, 2010.
                                Time 9:00 p.m. to 10:30 p.m.
                                Location: Waters of the
                                Connecticut River off Hartford, CT in
                                approximate position 41[deg]45'21'' N,
                                072[deg]39'28'' W (NAD 83).
7.19 Independence Day           Date: July 4, 2010.
 Celebration Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters off of Umbrella
                                Beach, Montauk, NY in approximate
                                position 41[deg]01'44'' N,
                                071[deg]57'13'' W (NAD 83).
7.20 Jones Beach State Park     Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters off of Jones
                                Beach State Park, Wantagh, NY in
                                approximate position 40[deg]34'56.676''
                                N, 073[deg]30'31.186'' W (NAD 83).
7.21 Madison Cultural Arts      Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Long Island
                                Sound off of, Madison, CT in approximate
                                position 41[deg]16'10'' N,
                                072[deg]36'30'' W (NAD 83).
7.22 Mason's Island Yacht       Date: July 4, 2010.
 Club Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Fisher's
                                Island Sound, Noank, CT in approximate
                                position 41[deg]19'30.61'' N,
                                071[deg]57'48.22'' W (NAD 83).
7.23 Patchogue Chamber of       Date: July 4, 2010.
 Commerce Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of the Great
                                South Bay, Patchogue, NY in approximate
                                position, 40[deg]44'38'' N,
                                073[deg]00'33'' W (NAD 83).
7.24 Riverfest Fireworks.       Date: July 4, 2010.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of the
                                Connecticut River Hartford, CT in
                                approximate positions, 41[deg]45'39.93''
                                N, 072[deg]39'49.14'' W (NAD 83).
7.25 Village of Asharoken       Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Northport
                                Bay, Asharoken, NY in approximate
                                position, 41[deg]55'54.04'' N,
                                073[deg]21'27.97'' W (NAD 83).
7.26 Village of Port            Date: July 4, 2010.
 Jefferson Fourth of July
 Celebration Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Port
                                Jefferson Harbor Port Jefferson, NY in
                                approximate position 40[deg]57'10.11''
                                N, 073[deg]04'28.01'' W (NAD 83).
7.27 Village of Quoque          Date: July 4, 2010.
 Foundering Anniversary
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.

[[Page 36446]]

 
                                Location: Waters of Quantuck
                                Bay, Quoque, NY in approximate position
                                40[deg]48'42.99'' N, 072[deg]37'20.20''
                                W (NAD 83).
7.28 City of Long Beach         Location: Waters off Riverside
 Fireworks.                     Blvd, City of Long Beach, NY in
                                approximate position 40[deg]34'38.77''
                                N, 073[deg]39'41.32'' W (NAD 83).
7.29 Great South Bay Music      Location: Waters of Great South
 Festival Fireworks.            Bay, off Bay Avenue, Patchogue, NY in
                                approximate position 40[deg]44'45'' N,
                                073[deg]00'25'' W (NAD 83).
7.30 Mashantucket Pequot        Location: Waters of the Thames
 Fireworks.                     River New London, CT in approximate
                                positions Barge 1, 41[deg]21'03.03'' N,
                                072[deg]5'24.5'' W Barge 2,
                                41[deg]20'51.75'' N, 072[deg]5'18.90'' W
                                (NAD 83).
7.31 Shelter Island Fireworks   Location: Waters of Gardiner
                                Bay, Shelter Island, NY in approximate
                                position 41[deg]04'39.11'' N,
                                072[deg]22'01.07'' W (NAD 83).
7.32 Thames River Fireworks..   Location: Waters of the Thames
                                River off the Electric Boat Company,
                                Groton, CT in approximate position
                                41[deg]20'38.75'' N, 072[deg]05'12.22''
                                W (NAD 83).
7.33 Clam Shell Foundation      Location: Waters of Three Mile
 Fireworks.                     Harbor, East Hampton, NY in approximate
                                position 41[deg]1'15.49'' N,
                                072[deg]11'27.50'' W (NAD 83).
7.34 Town of North Hempstead    Location: Waters of Hempstead
 Bar Beach Fireworks.           Harbor, North Hempstead, NY in
                                approximate position 40[deg]49'54'' N,
                                073[deg]39'14'' W (NAD 83).
7.35 Groton Long Point Yacht    Location: Waters of Long Island
 Club Fireworks.                Sound, Groton, CT in approximate
                                position 41[deg]18'05'' N,
                                072[deg]02'08'' W (NAD 83).
------------------------------------------------------------------------
                                8--August
------------------------------------------------------------------------
8.1 Pyro-FX Entertainment       Location: Waters of the
 Group Fireworks.               Connecticut River off Chester, CT in
                                approximate position 41[deg]24'40.76''
                                N, 072[deg]25'32.65'' W (NAD 83).
8.2 Port Washington Sons of     Location: Waters of Hempstead
 Italy Fireworks.               Harbor off Bar Beach, North Hempstead,
                                NY in approximate position
                                40[deg]49'48.04'' N, 073[deg]39'24.32''
                                W (NAD 83).
8.3 Village of Bellport         Location: Waters of Bellport
 Fireworks.                     Bay, off Bellport Dock, Bellport, NY in
                                approximate position 40[deg]45'01.83''
                                N, 072[deg]55'50.43'' W (NAD 83).
8.4 Taste of Italy Fireworks.   Location: Waters of Norwich
                                Harbor, off Norwich marina, Norwich, CT
                                in approximate position
                                41[deg]31'17.72'' N, 072[deg]04'43.41''
                                W (NAD 83).
8.5 Old Black Point Beach       Location: Waters off Old Black
 Association Fireworks.         Point Beach East Lyme, CT in approximate
                                position, 41[deg]17'34.9'' N,
                                072[deg]12'55'' W (NAD 83).
8.6 Town of Babylon Fireworks   Location: Waters off of Cedar
                                Beach Town Park, Babylon, NY in
                                approximate position 40[deg]37'53'' N,
                                073[deg]20'12'' W (NAD 83).
------------------------------------------------------------------------
                              9--September
------------------------------------------------------------------------
9.1 East Hampton Fire           Location: Waters off Main Beach,
 Department Fireworks.          East Hampton, NY in approximate position
                                40[deg]56'40.28'' N, 072[deg]11'21.26''
                                W (NAD 83).
9.2 Town of Islip Labor Day     Location: Waters of Great South
 Fireworks.                     Bay off Bay Shore Marina, Islip, NY in
                                approximate position 40[deg]42'24'' N,
                                073[deg]14'24'' W (NAD 83).
9.3 Village of Island Park      Location: Waters off Village of
 Labor Day Celebration          Island Park Fishing Pier, Village Beach,
 Fireworks.                     NY in approximate position
                                40[deg]36'30.95'' N, 073[deg]39'22.23''
                                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 40[deg]58'11.71''
                                N, 073[deg]05'51.12'' W, north-westerly
                                to the finishing point at Captain's Cove
                                Seaport 41[deg]09'25.07'' N,
                                073[deg]12'47.82'' W (NAD 83).
1.2 Huntington Bay Open Water   Location: Waters of Huntington
 Championships Swim.            Bay, NY. In approximate positions start/
                                finish at approximate position
                                40[deg]54'25.8'' N, 073[deg]24'28.8'' W,
                                East turn at approximate position
                                40[deg]54'45'' N, 073[deg]23'36.6'' W
                                and a West turn at approximate position
                                40[deg]54'31.2'' N, 073[deg]25'21'' W.
                                [deg]09'25.07'' N, 073[deg]12'47.82'' W
                                (NAD 83).
1.3 Maggie Fischer Memorial     Location: Waters of the Great
 Great South Bay Cross Bay      South Bay, NY. Starting Point at the
 Swim.                          Fire Island Lighthouse Dock in
                                approximate position 40[deg]38'01'' N,
                                073[deg]13'07'' W, northerly through
                                approximate points 40[deg]38'52'' N,
                                073[deg]13'09'' W, 40[deg]39'40'' N,
                                073[deg]13'30'' W, 40[deg]40'30'' N,
                                073[deg]14'00'' W, and finishing at
                                Gilbert Park, Brightwaters, NY at
                                approximate position 40[deg]42'25'' N,
                                073[deg]14'52'' W (NAD 83).
------------------------------------------------------------------------

    8. 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 41[deg]18'34.199'' N., 072[deg]10'24.6'' W., to 
Millstone Point at approximate position 41[deg]18'15'' N., 
072[deg]9'57.599'' W. (NAD 83).
    (ii) All navigable waters of Long Island Sound, from surface to 
bottom, West of a line starting at 41[deg]18'42'' N., 
072[deg]9'38.998'' W., running south to the Eastern most point of Fox 
Island at approximate position 41[deg]18'24.112'' N., 
072[deg]9'39.729'' 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

[[Page 36447]]

41[deg]20'16'' N., 72[deg]04'47'' W.; then running West to 
41[deg]20'16'' N., 72[deg]04'57'' W.; then running North to 
41[deg]20'26'' N., 72[deg]04'57'' W.; then Northwest to 
41[deg]20'28.7'' N., 72[deg]05'01.7'' W.; then North-Northwest to 
41[deg]20'53.3'' N., 72[deg]05'04.8'' W.; then North-Northeast to 
41[deg]21'02.9'' N., 72[deg]05'04.9'' W.; then East to a point on shore 
at 41[deg]21'02.9'' N., 72[deg]04'58.2'' 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 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 41[de