Special Local Regulation and Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone, 53337-53341 [2011-21864]

Download as PDF Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Rules and Regulations aboard the lead official patrol vessel. As the Sector Commander’s representative, the PATCOM may terminate the event any time it is deemed necessary for the protection of life and property. PATCOM may be reached on VHF–FM Channel 13 (156.65MHz) or 16 (156.8MHz) when required, by the call sign ‘‘PATCOM.’’ (4) The Patrol Commander may, upon request, allow the transit of commercial 53337 vessels through regulated areas when it is safe to do so. (5) The Coast Guard may be assisted by other Federal, state, or local agencies. TABLE 1 TO § 100.1104 [All coordinates referenced use datum NAD 83] 1. Newport to Ensenada Yacht Race Sponsor ............................................................... Event Description ................................................ Date .................................................................... Location .............................................................. Regulated Area ................................................... Dated: July 19, 2011. J.R. Castillo, Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. 2011–21865 Filed 8–25–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket No. USCG–2011–0553] RIN 1625–AA08; 1625–AA00 Special Local Regulation and Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing temporary special local regulations and safety zones for marine events within the Captain of the Port (COTP) Long Island Sound Zone for regattas, fireworks displays and swim events. This action is necessary to provide for the safety of life on navigable waters during the events. Entry into, transit through, mooring or anchoring within this zone is prohibited unless authorized by the COTP Sector Long Island Sound. DATES: This rule is effective in the CFR on August 26, 2011 through 10:30 p.m. on October 1, 2011. This rule is effective with actual notice for purposes of enforcement beginning at 8 a.m. on July 30, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2011– 0553 and are available online by going mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:41 Aug 25, 2011 Jkt 223001 Newport Ocean Sailing Association. Sailing vessel race; open ocean. Fourth Friday in April. Newport Beach, CA. Starting area only. All waters of the Pacific Ocean near Newport Beach, CA bounded by a line starting 33°35′18″ N, 117°53′18″ W thence to 33°34′54″ N, 117°53′18″ W thence to 33°34′54″ N, 117°54′30″ W thence to 33°35′18″ N, 117°54′30″ W thence returning to the point of origin. to https://www.regulations.gov, inserting USCG–2011–0553 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail Petty Officer Joseph Graun, Prevention Department, Coast Guard Sector Long Island Sound, (203) 468–4544, Joseph.L.Graun@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because any delay encountered in this regulation’s effective date by publishing an NPRM would be contrary to public interest since immediate action is needed to protect both spectators and participants from the potential safety hazards associated with these events. We spoke PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 to the event sponsors, and they are unable and unwilling to move their event dates for the following reasons. Sponsors for Waves of Hope Swim, Stonewall Swim, Hartford Dragon Boat Races and Kayak for a Cause have hundreds of participants registered for their events. Changing the dates for these events would cause numerous cancellations. These events have taken place at the same time and location for the last several years without issue. The sponsors submitted recurring marine event permit applications with the required 60 day notice. This year the Coast Guard is establishing special local regulations and safety zones to mitigate an increased safety risk analysis score, according to permit applications the expected number of participants has increased significantly. This was not discovered until the permit applications were submitted leaving the Coast Guard with insufficient time to solicit for public comment. For future recurring events, the sponsor will be required to provide 135 days notice to ensure sufficient time to solicit for public comments. The sponsors for Doug Chappy Fireworks, Darin’s 30th Birthday Fireworks, Shelter Island Fireworks and Spincola Wedding Fireworks stated their events are held in conjunction with birth dates, anniversaries and weddings and cannot be moved. The sponsors were not aware of the requirements for submitting a marine event application 135 days in advance resulting in a late notification to the Coast Guard. The sponsors are now aware of the reporting requirements. The sponsor for Ascension Fireworks (also known as Fund in the Sun) submitted a marine event application with sufficient notice to the Coast Guard. This fireworks display is a E:\FR\FM\26AUR1.SGM 26AUR1 53338 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES recurring marine event with a corresponding entry in a proposed permanent rule for which the NPRM just closed its public comment period (docket number USCG–2008–0384); No public comments were received. The Coast Guard is establishing this temporary safety zones to provide for safety of life during this year’s event. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date by first publishing a NPRM would be contrary to the rule’s objectives of ensuring safety of life on the navigable waters during these scheduled events as immediate action is needed to protect both spectators and participants from the potential safety hazards associated with these events including powerboats traveling at high speeds, unexpected pyrotechnics detonation and burning debris. Basis and Purpose The legal basis for this temporary rule is 33 U.S.C. 1226, 1231, 1233; 46 U.S.C. chapter 701, 3306, 3703; 46 U.S.C. 454, 50 U.S.C. 191, 195; 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 special local regulations and safety zones. This temporary rule carries out two related actions: (1) Establishing special local regulations for regattas, and (2) establishing safety zones for fireworks and swim events. Marine events are frequently held on the navigable waters within the COTP Long Island Sound Zone. Based on accidents that have occurred in the past and the explosive hazards of fireworks, the COTP Long Island has determined that regattas, fireworks displays and swim events proximate to watercrafts pose significant risk to public safety and property. In order to protect the safety of all waterway users including event participants and spectators, this temporary rule establishes temporary special local regulations and safety zones for the time and location of each event. This rule prevents vessels from entering, transiting, mooring or anchoring within areas specifically designated as regulated areas during the periods of enforcement unless authorized by the COTP, or designated representative. Discussion of Rule This temporary rule establishes special local regulations for two VerDate Mar<15>2010 15:41 Aug 25, 2011 Jkt 223001 regattas, and safety zones for two swimming events and five fireworks displays in the COTP Long Island Sound Zone. These events are listed below in the text of the regulation in table format. Because large numbers of spectator vessels are expected to congregate around the location of these events, these regulated areas are needed to protect both spectators and participants from the safety hazards created by them including large numbers of swimmers, unexpected pyrotechnics detonation, and burning debris. During the enforcement periods, persons and vessels are prohibited from entering, transiting through, remaining, anchoring or mooring within the regulated areas unless stipulated otherwise or 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. The Coast Guard determined that these regulated areas will not have a significant impact on vessel traffic due to their temporary nature, limited size, and the fact that vessels are allowed to transit the navigable waters outside of the regulated areas. Advanced public notifications will also be made to the local maritime community by the Local Notice to Mariners as well as Broadcast Notice to Mariners. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under those Orders. The Coast Guard determined that this rule is not a significant regulatory action for the following reasons: The regulated areas will be of limited duration and cover only a small portion of the navigable waterways. Furthermore, vessels may transit the navigable waterways outside of the regulated areas. Vessels requiring entry into the regulated areas may be authorized to do so by the COTP or the designated representative. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Advanced public notifications will also be made to the local maritime community by the Local Notice to Mariners as well as Broadcast Notice to Mariners. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in the designated regulated areas during the enforcement periods stated for each event listed below in the List of Subjects. The temporary special local regulations and safety zones 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, and vessels that can safely do so may navigate in all other portions of the waterways except for the areas designated as regulated areas. Additionally, before the effective period, notifications will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Rules and Regulations 1–888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. mstockstill on DSK4VPTVN1PROD with RULES Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, VerDate Mar<15>2010 15:41 Aug 25, 2011 Jkt 223001 because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g) & (h), of the Instruction. This rule involves the establishment of special local regulations and safety zones. An PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 53339 environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 100 and 165 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add Sec. 100.T01–0553 to read as follows: ■ § 100.T01–0553 Special Local Regulations; Regattas in the Coast Guard Sector Long Island Sound Captain of the Port Zone. (a) Regulations. The following regulations apply to the marine events listed in TABLE 1 to § 100.T01–0553. These regulations will be enforced for the duration of each event, on the dates indicated. (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. (c) Vessel operators desiring to enter or operate within the regulated areas shall contact the COTP or the designated representative via VHF channel 16 or by telephone at (203) 468–4404 to obtain permission to do so. E:\FR\FM\26AUR1.SGM 26AUR1 53340 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Rules and Regulations (d) Spectators 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. (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) Spectators are prohibited from entering or moving within the regulated area unless stipulated otherwise or authorized by the COTP or a 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 1 TO § 100.T01–0553 1. Hartford Dragon Boat Races ................................................................ • Event type: Regatta. • Date & time: August 20, 2011, 9 a.m. until 6 p.m. and August 21, 2011, 10 a.m. until 5 p.m. • Locations: All waters of the Connecticut River, Hartford, CT between the Bulkeley Bridge 41°46′10.096″ N, 072°39′56.128″ W and the Wilbur Cross Bridge 41°45′11.668″ N, 072°39′13.644″ W all positions are approximate (NAD 83). 2. Kayak for a Cause Regatta .................................................................. • Event type: Regatta. • Date & time: July 30, 2011 8 a.m. until 3 p.m. • Locations: All water of Long Island Sound between Crab Meadow Beach in Huntington, NY 40°55′45.904″ N, 073°19′34.234″ W and Shady Beach in Norwich, CT. Shelter Island, NY 41°05′05.474″ N, 073°23′33.914″ W all positions are approximate (NAD 83). • Additional stipulations: (1) Spectators must maintain a minimum distance of 100 yards from each event participant. (2) Spectators who maintain the minimum required distance from event participants may transit through the regulated area. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 3. The authority citation for Part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 4. Add § 165.T01–0553 to read as follows: ■ mstockstill on DSK4VPTVN1PROD with RULES § 165.T01–0553 Safety Zones; Fireworks Displays and Swim Events in 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 events listed in TABLE 1 of § 165.T01–0553 and TABLE 2 of § 165.T01–0553. These regulations will be enforced for the duration of each event. (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 VerDate Mar<15>2010 15:41 Aug 25, 2011 Jkt 223001 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. (c) Vessel operators desiring to enter or operate within the regulated areas should contact the COTP or the designated representative via VHF channel 16 or by telephone at (203) 468–4404 to obtain permission to do so. (d) Spectators 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 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 modified through the Local Notice to Mariners, unless authorized by COTP or designated representative. (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 of § 165.T01–0553 is that area of navigable waters within a 1000 foot radius of the launch platform or launch site for each fireworks display. 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. (g) The regulated areas for all swim events listed in Table 2 of § 165.T01– 0553 are all navigable waters within a 100-yard radius of swim participants and support vessels within the location area. E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Rules and Regulations 53341 TABLE 1 OF § 165.T01–0553 Fireworks Events 1. Doug Chapey Birthday Fireworks ........................................................ • Date: July 30, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: All waters of Babylon, NY in approximate position 40°40′38.94″ N, 073°19′22.85″ W (NAD 83). 2. Shelter Island Yacht Club Fireworks .................................................... • • • • 3. Spincola Wedding Fireworks ................................................................ • Date: October 1, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: All water of Long Island Sound off Bayville, NY in approximate position 40°55′03″ N, 073°32′35″ W (NAD 83). 4. Ascension Fireworks ............................................................................ • • • • Date: August 20, 2011. Rain date: August 21, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: All waters of the Great South Bay off The Pines, NY in approximate position 40°40′07.47″ N, 073°04′31.73″ W (NAD 83). 5. Darin’s 30th Birthday Fireworks ........................................................... • • • • Date: August 27, 2011. Rain date: August 28, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: All waters of Sag Harbor Cove off Sag Harbor, NY in approximate position 40°0′14.46″ N, 072°18′19.38″ W (NAD 83). Date: August 14, 2011. Rain date: August 15, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: All water of Dering Harbor off Shelter Island, NY in approximate position 41°05′23.47″ N, 072°21′11.18″ W (NAD 83). TABLE 2 OF § 165.T01–0553 Swimming Events 1. Waves of Hope Swim ........................................................................... • Date: August 15, 2011. • Time: 10 a.m. to 12:01 p.m. • Location: All water of the Great South Bay off Amityville, NY The swim course is a one mile long course parallel to the shore marked by six buoys beginning at Narrasketuck Yacht Club 40°39′31.39″ N, 073°25′26.62″ W, buoy #1, 40°39′26.61″ N, 073°25′26.08″ W, buoy #2, 40°39′19.93″ N, 073°25′19.58″ W, buoy #3, 40°39′13.67″ N, 073°25′05.10″ W, buoy #4, 40°39′13.44″ N, 073°24′26.07″ W, buoy #5, 40°39′13.16″ N, 073°23′57.67″ W, buoy #6, 40°39′25.24″ N, 073°24′16.31″ W, ending at Amityville Village Beach 40°39′19.71″ N, 073°24′24.72″ W (NAD 83) all positions are approximate. 2. Stonewall Swim .................................................................................... • Date: August 13, 2011. • Time: 9 a.m. to 12:01 p.m. • Location: All waters of the Great South Bay, between Snedecor Avenue, Bayport, NY 40°43′40.004″ N, 073°03′29.098″ W, and Porgie Walk, Fire Island, NY 40°40′6.268″ N, 073°03′30.88″ W, (NAD 83) all positions are approximate. Dated: July 29, 2011. J.M. Vojvodich, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2011–21864 Filed 8–25–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 mstockstill on DSK4VPTVN1PROD with RULES [Docket No. USCG–2011–0781] Drawbridge Operation Regulation; Trent River, New Bern, NC AGENCY: Coast Guard, DHS. Notice of temporary deviation from regulations. ACTION: VerDate Mar<15>2010 15:41 Aug 25, 2011 Jkt 223001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the US 70 (Alfred C. Cunningham) Bridge across Trent River, mile 0.0, at New Bern, NC, to accommodate a bike race. This deviation allows the drawbridge to be maintained in the closed position to vessels at specific dates and times. DATES: This deviation is effective from 8 a.m. on September 10, 2011 to 9 a.m. on September 11, 2011. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2011– SUMMARY: E:\FR\FM\26AUR1.SGM 26AUR1

Agencies

[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Rules and Regulations]
[Pages 53337-53341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21864]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2011-0553]
RIN 1625-AA08; 1625-AA00


Special Local Regulation and Safety Zones; Marine Events in 
Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations and safety zones for marine events within the Captain of 
the Port (COTP) Long Island Sound Zone for regattas, fireworks displays 
and swim events. This action is necessary to provide for the safety of 
life on navigable waters during the events. Entry into, transit 
through, mooring or anchoring within this zone is prohibited unless 
authorized by the COTP Sector Long Island Sound.

DATES: This rule is effective in the CFR on August 26, 2011 through 
10:30 p.m. on October 1, 2011. This rule is effective with actual 
notice for purposes of enforcement beginning at 8 a.m. on July 30, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0553 and are available online 
by going to https://www.regulations.gov, inserting USCG-2011-0553 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Petty Officer Joseph Graun, Prevention 
Department, Coast Guard Sector Long Island Sound, (203) 468-4544, 
Joseph.L.Graun@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because any delay encountered in this 
regulation's effective date by publishing an NPRM would be contrary to 
public interest since immediate action is needed to protect both 
spectators and participants from the potential safety hazards 
associated with these events. We spoke to the event sponsors, and they 
are unable and unwilling to move their event dates for the following 
reasons.
    Sponsors for Waves of Hope Swim, Stonewall Swim, Hartford Dragon 
Boat Races and Kayak for a Cause have hundreds of participants 
registered for their events. Changing the dates for these events would 
cause numerous cancellations. These events have taken place at the same 
time and location for the last several years without issue. The 
sponsors submitted recurring marine event permit applications with the 
required 60 day notice. This year the Coast Guard is establishing 
special local regulations and safety zones to mitigate an increased 
safety risk analysis score, according to permit applications the 
expected number of participants has increased significantly. This was 
not discovered until the permit applications were submitted leaving the 
Coast Guard with insufficient time to solicit for public comment. For 
future recurring events, the sponsor will be required to provide 135 
days notice to ensure sufficient time to solicit for public comments.
    The sponsors for Doug Chappy Fireworks, Darin's 30th Birthday 
Fireworks, Shelter Island Fireworks and Spincola Wedding Fireworks 
stated their events are held in conjunction with birth dates, 
anniversaries and weddings and cannot be moved. The sponsors were not 
aware of the requirements for submitting a marine event application 135 
days in advance resulting in a late notification to the Coast Guard. 
The sponsors are now aware of the reporting requirements.
    The sponsor for Ascension Fireworks (also known as Fund in the Sun) 
submitted a marine event application with sufficient notice to the 
Coast Guard. This fireworks display is a

[[Page 53338]]

recurring marine event with a corresponding entry in a proposed 
permanent rule for which the NPRM just closed its public comment period 
(docket number USCG-2008-0384); No public comments were received. The 
Coast Guard is establishing this temporary safety zones to provide for 
safety of life during this year's event.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. Delaying the 
effective date by first publishing a NPRM would be contrary to the 
rule's objectives of ensuring safety of life on the navigable waters 
during these scheduled events as immediate action is needed to protect 
both spectators and participants from the potential safety hazards 
associated with these events including powerboats traveling at high 
speeds, unexpected pyrotechnics detonation and burning debris.

Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1226, 1231, 
1233; 46 U.S.C. chapter 701, 3306, 3703; 46 U.S.C. 454, 50 U.S.C. 191, 
195; 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 special local regulations and safety zones.
    This temporary rule carries out two related actions: (1) 
Establishing special local regulations for regattas, and (2) 
establishing safety zones for fireworks and swim events. Marine events 
are frequently held on the navigable waters within the COTP Long Island 
Sound Zone. Based on accidents that have occurred in the past and the 
explosive hazards of fireworks, the COTP Long Island has determined 
that regattas, fireworks displays and swim events proximate to 
watercrafts pose significant risk to public safety and property.
    In order to protect the safety of all waterway users including 
event participants and spectators, this temporary rule establishes 
temporary special local regulations and safety zones for the time and 
location of each event.
    This rule prevents vessels from entering, transiting, mooring or 
anchoring within areas specifically designated as regulated areas 
during the periods of enforcement unless authorized by the COTP, or 
designated representative.

Discussion of Rule

    This temporary rule establishes special local regulations for two 
regattas, and safety zones for two swimming events and five fireworks 
displays in the COTP Long Island Sound Zone. These events are listed 
below in the text of the regulation in table format.
    Because large numbers of spectator vessels are expected to 
congregate around the location of these events, these regulated areas 
are needed to protect both spectators and participants from the safety 
hazards created by them including large numbers of swimmers, unexpected 
pyrotechnics detonation, and burning debris. During the enforcement 
periods, persons and vessels are prohibited from entering, transiting 
through, remaining, anchoring or mooring within the regulated areas 
unless stipulated otherwise or 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.
    The Coast Guard determined that these regulated areas will not have 
a significant impact on vessel traffic due to their temporary nature, 
limited size, and the fact that vessels are allowed to transit the 
navigable waters outside of the regulated areas. Advanced public 
notifications will also be made to the local maritime community by the 
Local Notice to Mariners as well as Broadcast Notice to Mariners.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under those Orders.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The regulated areas will 
be of limited duration and cover only a small portion of the navigable 
waterways. Furthermore, vessels may transit the navigable waterways 
outside of the regulated areas. Vessels requiring entry into the 
regulated areas may be authorized to do so by the COTP or the 
designated representative.
    Advanced public notifications will also be made to the local 
maritime community by the Local Notice to Mariners as well as Broadcast 
Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in the designated regulated areas during the 
enforcement periods stated for each event listed below in the List of 
Subjects.
    The temporary special local regulations and safety zones 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, and vessels that can safely do so 
may navigate in all other portions of the waterways except for the 
areas designated as regulated areas. Additionally, before the effective 
period, notifications will be made to the local maritime community 
through the Local Notice to Mariners and Broadcast Notice to Mariners 
well in advance of the events.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call

[[Page 53339]]

1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian Tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g) & (h), of the Instruction. This rule involves the establishment 
of special local regulations and safety zones. An environmental 
analysis checklist and a categorical exclusion determination are 
available in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add Sec. 100.T01-0553 to read as follows:


Sec.  100.T01-0553  Special Local Regulations; Regattas in the Coast 
Guard Sector Long Island Sound Captain of the Port Zone.

    (a) Regulations.
    The following regulations apply to the marine events listed in 
TABLE 1 to Sec.  100.T01-0553. These regulations will be enforced for 
the duration of each event, on the dates indicated.
    (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.
    (c) Vessel operators desiring to enter or operate within the 
regulated areas shall contact the COTP or the designated representative 
via VHF channel 16 or by telephone at (203) 468-4404 to obtain 
permission to do so.

[[Page 53340]]

    (d) Spectators 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.
    (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) Spectators are prohibited from entering or moving within the 
regulated area unless stipulated otherwise or authorized by the COTP or 
a 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 1 to Sec.   100.T01-0553
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Hartford Dragon Boat Races..........   Event type: Regatta.
                                          Date & time: August
                                          20, 2011, 9 a.m. until 6 p.m.
                                          and August 21, 2011, 10 a.m.
                                          until 5 p.m.
                                          Locations: All waters
                                          of the Connecticut River,
                                          Hartford, CT between the
                                          Bulkeley Bridge
                                          41[deg]46'10.096'' N,
                                          072[deg]39'56.128'' W and the
                                          Wilbur Cross Bridge
                                          41[deg]45'11.668'' N,
                                          072[deg]39'13.644'' W all
                                          positions are approximate (NAD
                                          83).
------------------------------------------------------------------------
2. Kayak for a Cause Regatta...........   Event type: Regatta.
                                          Date & time: July 30,
                                          2011 8 a.m. until 3 p.m.
                                          Locations: All water
                                          of Long Island Sound between
                                          Crab Meadow Beach in
                                          Huntington, NY
                                          40[deg]55'45.904'' N,
                                          073[deg]19'34.234'' W and
                                          Shady Beach in Norwich, CT.
                                          Shelter Island, NY
                                          41[deg]05'05.474'' N,
                                          073[deg]23'33.914'' W all
                                          positions are approximate (NAD
                                          83).
                                          Additional
                                          stipulations: (1) Spectators
                                          must maintain a minimum
                                          distance of 100 yards from
                                          each event participant. (2)
                                          Spectators who maintain the
                                          minimum required distance from
                                          event participants may transit
                                          through the regulated area.
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
4. Add Sec.  165.T01-0553 to read as follows:


Sec.  165.T01-0553  Safety Zones; Fireworks Displays and Swim Events in 
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 events listed in TABLE 1 of Sec.  
165.T01-0553 and TABLE 2 of Sec.  165.T01-0553.
    These regulations will be enforced for the duration of each event.
    (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.
    (c) Vessel operators desiring to enter or operate within the 
regulated areas should contact the COTP or the designated 
representative via VHF channel 16 or by telephone at (203) 468-4404 to 
obtain permission to do so.
    (d) Spectators 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 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 
of Sec.  165.T01-0553 is that area of navigable waters within a 1000 
foot radius of the launch platform or launch site for each fireworks 
display. 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.
    (g) The regulated areas for all swim events listed in Table 2 of 
Sec.  165.T01-0553 are all navigable waters within a 100-yard radius of 
swim participants and support vessels within the location area.

[[Page 53341]]



                     Table 1 of Sec.   165.T01-0553
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            Fireworks Events
------------------------------------------------------------------------
1. Doug Chapey Birthday Fireworks......   Date: July 30, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Babylon, NY in approximate
                                          position 40[deg]40'38.94'' N,
                                          073[deg]19'22.85'' W (NAD 83).
------------------------------------------------------------------------
2. Shelter Island Yacht Club Fireworks.   Date: August 14, 2011.
                                          Rain date: August 15,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All water of
                                          Dering Harbor off Shelter
                                          Island, NY in approximate
                                          position 41[deg]05'23.47'' N,
                                          072[deg]21'11.18'' W (NAD 83).
------------------------------------------------------------------------
3. Spincola Wedding Fireworks..........   Date: October 1, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All water of
                                          Long Island Sound off
                                          Bayville, NY in approximate
                                          position 40[deg]55'03'' N,
                                          073[deg]32'35'' W (NAD 83).
------------------------------------------------------------------------
4. Ascension Fireworks.................   Date: August 20, 2011.
                                          Rain date: August 21,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of the Great South Bay off The
                                          Pines, NY in approximate
                                          position 40[deg]40'07.47'' N,
                                          073[deg]04'31.73'' W (NAD 83).
------------------------------------------------------------------------
5. Darin's 30th Birthday Fireworks.....   Date: August 27, 2011.
                                          Rain date: August 28,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Sag Harbor Cove off Sag
                                          Harbor, NY in approximate
                                          position 40[deg]0'14.46'' N,
                                          072[deg]18'19.38'' W (NAD 83).
------------------------------------------------------------------------


                     Table 2 of Sec.   165.T01-0553
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                             Swimming Events
------------------------------------------------------------------------
1. Waves of Hope Swim..................   Date: August 15, 2011.
                                          Time: 10 a.m. to 12:01
                                          p.m.
                                          Location: All water of
                                          the Great South Bay off
                                          Amityville, NY The swim course
                                          is a one mile long course
                                          parallel to the shore marked
                                          by six buoys beginning at
                                          Narrasketuck Yacht Club
                                          40[deg]39'31.39'' N,
                                          073[deg]25'26.62'' W, buoy
                                          1, 40[deg]39'26.61''
                                          N, 073[deg]25'26.08'' W, buoy
                                          2, 40[deg]39'19.93''
                                          N, 073[deg]25'19.58'' W, buoy
                                          3, 40[deg]39'13.67''
                                          N, 073[deg]25'05.10'' W, buoy
                                          4, 40[deg]39'13.44''
                                          N, 073[deg]24'26.07'' W, buoy
                                          5, 40[deg]39'13.16''
                                          N, 073[deg]23'57.67'' W, buoy
                                          6, 40[deg]39'25.24''
                                          N, 073[deg]24'16.31'' W,
                                          ending at Amityville Village
                                          Beach 40[deg]39'19.71'' N,
                                          073[deg]24'24.72'' W (NAD 83)
                                          all positions are approximate.
------------------------------------------------------------------------
2. Stonewall Swim......................   Date: August 13, 2011.
                                          Time: 9 a.m. to 12:01
                                          p.m.
                                          Location: All waters
                                          of the Great South Bay,
                                          between Snedecor Avenue,
                                          Bayport, NY 40[deg]43'40.004''
                                          N, 073[deg]03'29.098'' W, and
                                          Porgie Walk, Fire Island, NY
                                          40[deg]40'6.268'' N,
                                          073[deg]03'30.88'' W, (NAD 83)
                                          all positions are approximate.
------------------------------------------------------------------------


    Dated: July 29, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2011-21864 Filed 8-25-11; 8:45 am]
BILLING CODE 9110-04-P
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