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