Special Local Regulations; Safety and Security Zones; Recurring Events in Captain of the Port Long Island Sound Zone, 6954-6962 [2012-2899]
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§ 1215.114
Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Rules and Regulations
Service rates.
(a) Rates for TDRSS services will be
established by the DAA for SCaN.
(b) Per-minute rates will reflect
TDRSS total return on investment and
operational and maintenance costs.
(c) The rate per minute by service and
type of user is available on the following
Web site: https://
www.spacecomm.nasa.gov/spacecomm/
programs/Space_network.cfm.
(d) The per-minute charge for TDRSS
service is computed by multiplying the
charge per minute for the appropriate
service by the number of minutes
utilized.
■ 13. Section 1215.115 is revised to read
as follows:
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§ 1215.115
Payment and billing.
(a) The procedure for billing and
payment of standard TDRSS services is
as follows:
(1) NASA shall be reimbursed by
customers in connection with the use of
Government property and services
provided under an approved
reimbursable agreement. Advance
payment for services is required.
Advance payments shall be scheduled
to keep pace with the rate at which
NASA anticipates incurring costs.
NASA will provide a Customer Budget/
Estimate (CBE) for services rendered
nominally 60–90 days in advance, or as
otherwise agreed, of the first anticipated
property use or required service date for
each mission. The full cost of the
mission shall be paid by the customer
not later than 30 days prior to the first
anticipated property use or required
service date.
(2) In some cases, an advance partial
payment will be required six—nine
months prior to the first anticipated
property use or required service date in
order for advance planning work and/or
travel to take place. The amount of this
partial payment and its receipt shall be
negotiated on an as-needed basis.
Adjustments to the amounts prepaid
will be made to the succeeding billings
as the actual services are rendered.
(3) If the customer fails to make
payment by the payment due date,
NASA may terminate the agreement and
any subagreements for breach of
agreement after notice to the customer is
given of this breach and failure to cure
such breach within a time period
established by NASA.
(b) Late payments by the user will
require the user to pay a late payment
charge.
Appendix A to Part 1215—Estimated
Service Rates in 1997 Dollars for
TDRSS Standard Services (Based on
NASA Escalation Estimate)
DEPARTMENT OF HOMELAND
SECURITY
Time: Project conceptualization (at least
two years before launch; Ref. § 1215.108(a)).
Activity: Submit request for access to
TDRSS. Upon preliminary acceptance of the
service requirements by NASA Headquarters,
communications for the reimbursable
development of a Space Act Agreement
(SAA) will begin. Prior to finalization of the
Memorandum of Agreement (MOA), an
estimate for the services will be issued. After
SAA signature, full funding of the effort must
be received prior to NASA initiating any
activities associated with the effort. (Ref.
§ 1215.115(a)(1)).
Time: 18 months before launch (Ref.
§ 1215.109(c).
Activity: After full funding has been
received and distributed to the executing
NASA entities, submit general user
requirements to permit preliminary planning.
Contact will occur to facilitate the integration
process for access to TDRSS. If appropriate,
initiate action with the Federal
Communications Commission for license to
communicate with TDRSS (Ref.
§ 1215.107(b)).
Time: 12 months before launch (earlier if
possible).
Activity: Provide detailed requirements for
technical definition and development of
operational and interface control documents.
(Ref. § 1215.109(d)).
Time: 3 weeks prior to a Scheduled
Support Period (SSP).
Activity: Submit scheduling request to
NASA covering a weekly period. Receive
schedule from NASA based on principles of
priority (Ref. § 1215.109(b)). User
confirmation of the schedule is required.
Time: Up to 72 hours prior to an SSP.
Activity: Can cancel an SSP without charge
(Ref. § 1215.113(b)(1)).
Time: Up to 45 minutes prior to an SPP.
Activity: Can schedule an SSP if a time slot
is available without impacting another user.
Time: Up to 10 minutes prior to an SSP.
Activity: Can schedule an SSP utilizing
TDRSS unused time (TUT).
33 CFR Parts 100 and 165
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2012–2652 Filed 2–9–12; 8:45 am]
BILLING CODE P
14. Appendix A is revised to read as
follows:
■
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Coast Guard
[Docket No. USCG–2008–0384]
RIN 1625–AA00; 1625–AA08; 1625–AA87
Special Local Regulations; Safety and
Security Zones; Recurring Events in
Captain of the Port Long Island Sound
Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing,
adding, and consolidating limited
access areas in the Coast Guard Sector
Long Island Sound Captain of the Port
(COTP) Zone. These limited access areas
include special local regulations,
permanent safety zones for annual
recurring marine events and a
permanent security zone. When these
limited access areas are subject to
enforcement, this rule will restrict
vessels from portions of water areas
during these annual recurring events.
The special local regulations and safety
zones will facilitate public notification
of events, and ensure the protection of
the maritime public and event
participants from the hazards associated
with these annual recurring events.
DATES: This rule is effective March 12,
2012.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0384 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2008–0384 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Petty Officer Joseph
Graun, Waterways Management
Division at Coast Guard Sector Long
Island Sound, telephone 203–468–4544,
email joseph.l.graun@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Regulatory Information
On June 22, 2011 the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled Special
Local Regulations; Safety and Security
Zones; Recurring Events in Captain of
the Port Long Island Sound Zone in the
Federal Register (76 FR 36438). We
received no comments on the proposed
rule. No public meeting was requested
and none was held.
Basis and Purpose
The legal basis for this rule is the
Ports and Waterways Safety Act of 1972
(33 U.S.C. 1226, 1231); 33 U.S.C. 1233;
46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6 and 160.5; Public Law 107–295,
116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1. These laws, regulations and
policies authorize the Coast Guard to
define regulatory safety zones, security
zones and special local regulations, and
delegate the authority to create these
regulations to the Captain of the Port.
This regulation carries out three
related actions: (1) Establishing
necessary safety zones and special local
regulations, (2) establishing one
necessary security zone, and (3)
updating and reorganizing existing
regulations for ease of use and reduction
of administrative overhead.
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Background
The Coast Guard is adding 33 CFR
100.100 and revising §§ 165.151 and
165.154. The changes will remove 37
regulated areas, establish 33 new safety
zones, three special local regulations,
and one security zone, and consolidate
and simplify these regulations. By
establishing a permanent regulation
containing these events, the Coast Guard
will eliminate the need to establish
temporary rules for events that occur on
an annual basis.
The rule applies to the annual
recurring events listed in the attached
Tables in the COTP Long Island Sound
Zone. The Tables provide the event
name, and type, as well as locations of
the events. Annual notifications will be
made to the local maritime community
through all appropriate means such as
Local Notice to Mariners and Broadcast
Notice to Mariners well in advance of
the events. If the event does not have a
date listed, then exact dates and times
of the enforcement period will be
announced through a Notice of
Enforcement in the Federal Register.
This regulation is part of a review and
update of local regulations. Our intent is
to update and reorganize information for
ease of use and reduction of
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administrative overhead. We considered
several alternative formats for this
regulation including different table
formats. Ultimately the presented format
was chosen.
Discussion of Comments and Changes
We received no comments on the rule.
The following changes were made.
We enhanced the regulatory text of
§ 100.100 clarifying and detailing what
method the Coast Guard will use to
notify the public of event specific
information.
Typographical error correction, in the
NPRM we stated, we propose to
establish 32 new safety zones. The
number 32 was a typographical error,
because 33 new safety zones were
discussed throughout the NPRM. Notice
and the opportunity to comment on the
33 zones existed in the NPRM prior to
this final rule. The typographical error
has been updated in the Backgrounds
section of this rule.
Positions which were described using
‘‘Degrees-Minutes-Decimal Minutes’’
format (DD°MM.MMM′) were converted
without change to ‘‘Degrees-MinutesSeconds’’ (DD°MM′ SS″), for
consistency throughout the regulations.
Positions which were described using
decimal seconds out to the thousandths
of a second (DD°MM′ SS.SSS″) were
rounded off to hundredths of a second
(DD°MM′ SS.SS″). One one-thousandth
of a second (.001″) is a distance of
approximately 1.2 inches. Positions
were rounded off to the nearest
hundredth to reduce confusion and
make the positions easier to use. The
maximum change in any regulated area
is less than 1 foot (the diagonal of a
theoretical point which moved 0.05
seconds (0.05″ or about 6 inches) due to
rounding in both latitude and longitude.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Executive Order 12866 and Executive
Order 13563
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be minimal. Although this
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regulation may have some impact on the
public, the potential impact will be
minimized for the following reasons:
The Coast Guard has previously
promulgated safety zones, security
zones or special local regulations, in
accordance with 33 CFR Parts 100 and
165, for all event areas contained within
this regulation and has not received
notice of any negative impact caused by
any of the safety zones, security zones
or special local regulations.
Vessels will only be restricted from
safety zones and special local regulation
areas for a short duration of time.
Vessels may transit in portions of the
affected waterway except for those areas
covered by the regulated areas.
Notifications of exact dates and times of
the enforcement period will be made to
the local maritime community through
the Local Notice to Mariners and
Broadcast Notice to Mariners or through
a Notice of Enforcement in the Federal
Register. No new or additional
restrictions would be imposed on vessel
traffic.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
the designated regulated area during the
enforcement periods.
The regulated areas will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The regulated
areas will be of limited size and of short
duration; vessels that can safely do so
may navigate in all other portions of the
waterways except for the areas
designated as regulated areas; these
regulated areas have been promulgated
in the past with no public comments
submitted. Additionally, before the
effective period, the Coast Guard will
issue notice of the time and location of
each regulated area through a Local
Notice to Mariners and Broadcast Notice
to Mariners or through a Notice of
Enforcement in the Federal Register.
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Assistance for Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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.
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
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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.
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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,
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.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraphs
(34)(g)&(h) of the Instruction. This rule
involves the establishment of safety and
security zones and special local
regulations. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects
Energy Effects
33 CFR Part 100
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.
Marine safety, Navigation (water),
Reporting and recording requirements,
Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard 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:
■
Technical Standards
Authority: 33 U.S.C. 1233.
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.
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2. Add a new § 100.100 to read as
follows:
■
§ 100.100 Special Local Regulations;
Regattas and Boat Races in the Coast
Guard Sector Long Island Sound Captain of
the Port Zone.
(a) The following regulations apply to
the marine events listed in the Table to
§ 100.100. These regulations will be
enforced for the duration of each event,
on or about the dates indicated.
Notifications will be made to the local
maritime community through all
appropriate means such as Local Notice
to Mariners or Broadcast Notice to
Mariners well in advance of the events.
If the event does not have a date listed,
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then exact dates and times of the
enforcement period will be announced
through a Notice of Enforcement in the
Federal Register. The First Coast Guard
District Local Notice to Mariners can be
found at: https://www.navcen.uscg.gov/.
(b) Definitions. The following
definitions apply to this section:
(1) Designated representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port (COTP), Sector Long Island Sound
(LIS), to act on his or her behalf. The
designated representative may be on an
official patrol vessel or may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official patrol vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(c) Although listed in the Code of
Federal Regulations, sponsors of events
listed in Table to § 100.100 are still
required to submit marine event
applications in accordance with 33 CFR
100.15.
(d) Vessel operators desiring to enter
or operate within the regulated areas
shall contact the COTP at 203–468–4401
(Sector LIS command center) or the
designated representative via VHF
channel 16.
(e) Vessels may not transit the
regulated areas without the COTP or
designated representative approval.
Vessels permitted to transit must
operate at a no wake speed, in a manner
which will not endanger participants or
other crafts in the event.
(f) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times, or
dates and times as modified through the
Local Notice to Mariners, unless
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authorized by COTP or designated
representative.
(g) The COTP or designated
representative may control the
movement of all vessels in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel shall come
to an immediate stop and comply with
the lawful directions issued. Failure to
comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(h) The COTP or designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
(i) For all power boat races listed,
vessels not participating in this event,
swimmers, and personal watercraft of
any nature are prohibited from entering
or moving within the regulated area
unless authorized by the COTP or
designated representative. Vessels
within the regulated area must be at
anchor within a designated spectator
area or moored to a waterfront facility
in a way that will not interfere with the
progress of the event.
TABLE TO § 100.100
1.1 Harvard-Yale
Regatta,
River, New London, CT.
Thames
1.2 Great Connecticut River Raft Race,
Middletown, CT.
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1.3 Head of the Connecticut Regatta,
Connecticut River, CT.
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• Event type: Boat Race.
• Date: Last Saturday in May through second Saturday of June, from 8 a.m. until 5 p.m.
• Location: All waters of the Thames River at New London, Connecticut, between the Penn Central
Draw Bridge 41°21′46.94″ N 072°05′14.46″ W to Bartlett Cove 41°25′35.90″ N 072°5′42.89″ W
(NAD 83).
• Additional stipulations: Spectator vessels must be at anchor within a designated spectator area or
moored to a waterfront facility within the regulated area in such a way that they shall not interfere
with the progress of the event at least 30 minutes prior to the start of the races. They must remain
moored or at anchor until the men’s varsity have passed their positions. At that time, spectator
vessels located south of the Harvard Boathouse may proceed downriver at a reasonable speed.
Vessels situated between the Harvard Boathouse and the finish line must remain stationary until
both crews return safely to their boathouses. If for any reason the men’s varsity crew race is postponed, spectator vessels will remain in position until notified by Coast Guard or regatta patrol personnel. The last 1000 feet of the race course near the finish line will be delineated by four temporary white buoys provided by the sponsor. All spectator craft shall remain behind these buoys
during the event. Spectator craft shall not anchor: to the west of the race course, between Scotch
Cap and Bartlett Point Light, or within the race course boundaries or in such a manner that would
allow their vessel to drift or swing into the race course. During the effective period all vessels shall
proceed at a speed not to exceed six knots in the regulated area. Spectator vessels shall not follow the crews during the races. Swimming is prohibited in the vicinity of the race course during the
races. A vessel operating in the vicinity of the Submarine Base may not cause waves which result
in damage to submarines or other vessels in the floating drydocks.
• Event type: Boat Race.
• Date: Last Saturday in July through the first Saturday in August, from 10 a.m. until 2 p.m.
• Location: All waters of the Connecticut River Middletown, CT between Dart Island (Marker no. 73)
41°33′08.24″ N 072°33′24.46″ W and Portland Shoals (Marker no. 92) 41°33′46.83″ N
072°38′42.18″ W (NAD 83).
• Event type: Boat Race.
• Date: The second Saturday of October, from 7:30 a.m. until 5 p.m.
• Location: All waters of the Connecticut River between the southern tip of Gildersleeve Island
41°36′03.61″ N 072°37′18.08″ W and Light Number 87 41°33′32.91″ N 072°37′15.24″ W (NAD
83).
• Additional stipulations: Vessels less than 20 meters in length will be allowed to transit the regulated area only under escort and at the discretion of the Coast Guard patrol commander. Vessels
over 20 meters in length will be allowed to transit the regulated area, under escort, from 12:30
p.m. to 1:45 p.m. or as directed by the Coast Guard patrol commander. All transiting vessels shall
operate at ‘‘No Wake’’ speed or five knots, whichever is slower. Southbound vessels awaiting escort through the regulated area will wait in the vicinity of the southern tip of Gildersleeve Island.
Northbound vessels awaiting escort will wait at Light Number 87.
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TABLE TO § 100.100—Continued
1.4
Riverfront Regatta, Hartford, CT ......
1.5 Patchogue Grand Prix, Patchogue,
NY.
1.6 Riverfront U.S. Title series Powerboat Race, Hartford, CT.
• Event type: Regatta.
• Date: The first Sunday of October, from 8:30 a.m. until 4:30 p.m.
• Location: All water of the Connecticut River, Hartford, CT, between the Putnum Bridge
41°42′52.20″ N 072°38′25.80″ W and the Riverside Boat House 41°46′25.20″ N 072°39′49.80″ W
(NAD 83).
• Event type: Boat Race.
• Date: The last weekend of August Friday, Saturday and Sunday, from 11 a.m. until 5 p.m.
• Location: All water of the Great South Bay, off Shorefront Park, Patchogue, NY from approximate
position: Beginning at a point off Sand Spit Park, Patchogue, NY at position 40°44′45″ N,
073°00′51″ W then running south to a point in Great South Bay at position 40°43′46″ N,
073°00′51″ W then running south east to position 40°43′41″ N, 073°00′20″ W then running north
east to position 40°43′54″ N, 072°58′46″ W then east to position 40°43′58″ N, 072°57′32″ W then
east to position 40°43′57″ N, 072°56′49″ W then north to position 40°44′18″ N, 072°56′49″ W then
west to position 40°44′18″ N, 072°57′32″ W then north west to position 40°44′30″ N, 072°58′32″
W then north west to position 40°44′33″ N, 072°59′12″ W then north west to position 40°44′41″ N,
072°59′51″ W then north west to position 40°44′46″ N, 073°00′04″ W and then closing the zone at
position 40°44′45″ N, 073°00′51″ W (NAD 83).
• Event type: Boat Race.
• Date: Labor Day weekend, Friday and Saturday from 10 a.m. until 6 p.m. and Sunday from 12:01
p.m. until 6 p.m.
• Location: All water of the Connecticut River, Hartford, CT, between the Founders Bridge on the
North approximate position 41°45′53.47″ N, 072°39′55.77″ W and 41°45′37.39″ N, 072°39′47.49″
W (NAD 83) to the South.
3. Remove the following entries in the
‘‘Fireworks Display Table’’ in § 100.114
(along with the associated
‘‘Connecticut’’ or ‘‘New York’’ titles) as
follows: 6.2, 7.1, 7.2, 7.4, 7.5, 7.10, 7.11,
7.29, 7.30, 7.31, 7.32, 7.33, 7.35, 7.36,
7.37, 7.39, 7.40, 8.1, 8.3, 8.4, 8.6, 9.3,
9.5, 9.6, 12.4.
■ 4. Remove §§ 100.101, 100.102,
100.105, and 100.106.
■ 5. Remove §§ 100.121, 100.122, and
100.124.
■
PART 165—REGULATED NAVIGATION
AREA AND LIMITED ACCESS AREAS
6. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
■
■
7. Remove § 165.140.
8. Revise § 165.151 to read as follows:
wreier-aviles on DSK5TPTVN1PROD with RULES
§ 165.151 Safety Zones; Fireworks
Displays, Air Shows and Swim Events in the
Captain of the Port Long Island Sound
Zone.
(a) Regulations.
(1) The general regulations contained
in 33 CFR 165.23 as well as the
following regulations apply to the
fireworks displays, air shows, and swim
events listed in Tables 1 and 2 to
§ 165.151.
(2) These regulations will be enforced
for the duration of each event.
Notifications will be made to the local
maritime community through all
appropriate means such as Local Notice
to Mariners or Broadcast Notice to
Mariners well in advance of the events.
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If the event does not have a date listed,
then exact dates and times of the
enforcement period will be announced
through a Notice of Enforcement in the
Federal Register. Mariners should
consult the Federal Register or their
Local Notice to Mariners to remain
apprised of schedule or event changes.
First Coast Guard District Local Notice
to Mariners can be found at https://
www.navcen.uscg.gov/.
(3) Although listed in the Code of
Federal Regulations, sponsors of events
listed in Tables 1 and 2 to § 165.151 are
still required to submit marine event
applications in accordance with 33 CFR
100.15.
(b) Definitions. The following
definitions apply to this section:
(1) Designated representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port (COTP), Sector Long Island Sound
(LIS), to act on his or her behalf. The
designated representative may be on an
official patrol vessel or may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official patrol vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(c) Vessel operators desiring to enter
or operate within the regulated areas
should contact the COTP at 203–468–
PO 00000
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4401 (Sector LIS command center) or
the designated representative via VHF
channel 16 to obtain permission to do
so.
(d) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times, or
dates and times as modified through the
Local Notice to Mariners, unless
authorized by COTP or designated
representative.
(e) Upon being hailed by a U.S. Coast
Guard vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(f) The COTP or designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
(g) The regulated area for all fireworks
displays listed in Table 1 to § 165.151 is
that area of navigable waters within a
1000 foot radius of the launch platform
or launch site for each fireworks
display, unless otherwise noted in Table
1 to § 165.151 or modified in USCG First
District Local Notice to Mariners at:
https://www.navcen.uscg.gov/.
(h) The regulated area for all air
shows is the entire geographic area
described as the location for that show
unless otherwise noted in Table 1 to
§ 165.151 or modified in USCG First
District Local Notice to Mariners at:
https://www.navcen.uscg.gov/.
(i) Fireworks barges used in these
locations will also have a sign on their
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port and starboard side labeled
‘‘FIREWORKS—STAY AWAY’’. This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background. Shore sites used in these
locations will display a sign labeled
‘‘FIREWORKS—STAY AWAY’’ with the
same dimensions. These zones will be
enforced from 8:30 p.m. to 10:30 p.m.
each day a barge with a ‘‘FIREWORKS—
STAY AWAY’’ sign on the port and
starboard side is on-scene or a
‘‘FIREWORKS—STAY AWAY’’ sign is
6959
posted in a location listed in Table 1 to
§ 165.151.
(j) For all swim events listed in Table
2 to § 165.151, vessels not associated
with the event shall maintain a
separation of at least 100 yards from the
participants.
TABLE 1 TO § 165.151
5
5.1
May
Jones Beach Air Show .....................
• Date: The Thursday through Sunday before Memorial Day each May from 9:30 a.m. until 3:30
p.m. each day.
• Location: Waters of Atlantic Ocean off of Jones Beach State Park, Wantagh, NY. In approximate
positions 40°35′06″ N, 073°32′37″ W, then running east along the shoreline of Jones Beach State
Park to approximate position 40°35′49″ N, 073°28′47″ W; then running south to a position in the
Atlantic Ocean off of Jones Beach at approximate position 40°35′05″ N, 073°28′34″ W; then running West to approximate position 40°34′23″ N, 073°32′23″ W; then running North to the point of
origin. (NAD 83).
6
June
6.1
Barnum Festival Fireworks ...............
6.2
Town of Branford Fireworks .............
6.3 Vietnam Veterans/Town
Haven Fireworks.
of
East
•
•
•
•
Date: last Saturday in June.
Rain Date: following Saturday.
Time: 8:30 p.m. to 10:30 p.m.
Location: Waters of Bridgeport Harbor, Bridgeport, CT in approximate position 41°9′04″ N,
073°12′49″ W (NAD 83).
• Location: Waters of Branford Harbor, Branford, CT in approximate position, 41°15′30″ N,
072°49′22″ W (NAD 83).
• Location: Waters off Cosey beach, East Haven, CT in approximate position, 41°14′19″ N,
072°52′09.8″ W (NAD 83).
7
July
7.1 Point O’Woods Fire Company Summer Fireworks.
7.2 Cancer Center for Kids Fireworks ....
7.3 City of Westbrook, CT July Celebration Fireworks.
7.4 Norwalk Fireworks ............................
7.5
Lawrence Beach Club Fireworks .....
7.6
Sag Harbor Fireworks ......................
7.7 South Hampton Fresh Air Home
Fireworks.
7.8 Westport Police Athletic League
Fireworks.
7.9 City of Middletown Fireworks ...........
City of New Haven Fireworks ........
7.11
wreier-aviles on DSK5TPTVN1PROD with RULES
7.10
City of Norwich July Fireworks .......
7.12
City of Stamford Fireworks .............
7.13
City of West Haven Fireworks .......
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• Location: Waters of the Great South Bay, Point O’Woods, NY in approximate position
40°39′18.57″ N, 073°08′05.73″ W (NAD 83).
• Location: Waters off of Bayville, NY in approximate position 40°54′38.20″ N, 073°34′56.88″ W
(NAD 83).
• Location: Waters of Westbrook Harbor, Westbrook, CT in approximate position, 41°16′10.50″ N,
072°26′14″ W (NAD 83).
• Location: Waters off Calf Pasture Beach, Norwalk, CT in approximate position, 41°04′50″ N,
073°23′22″ W (NAD 83).
• Location: Waters of the Atlantic Ocean off Lawrence Beach Club, Atlantic Beach, NY in approximate position 40°34′42.65″ N, 073°42′56.02″ W (NAD 83).
• Location: Waters of Sag Harbor Bay off Havens Beach, Sag Harbor, NY in approximate position
41°00′26″ N, 072°17′09″ W (NAD 83).
• Location: Waters of Shinnecock Bay, Southampton, NY in approximate positions, 40°51′48″ N,
072°26′30″ W (NAD 83).
• Location: Waters off Compo Beach, Westport, CT in approximate position, 41°06′15″ N,
073°20′57″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of the Connecticut River, Middletown Harbor, Middletown, CT in approximate position 41°33′44.47″ N, 072°38′37.88″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of New Haven Harbor, off Long Wharf Park, New Haven, CT in approximate position 41°17′24″ N, 072°54′55.8″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of the Thames River, Norwich, CT in approximate position, 41°31′16.84″ N,
072°04′43.33″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Fisher’s Westcott Cove, Stamford, CT in approximate position 41°02′09.56″ N,
073°30′57.76″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
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TABLE 1 TO § 165.151—Continued
7.14 CDM Chamber of Commerce Annual Music Fest Fireworks.
7.15
Davis Park Fireworks .....................
7.16
Fairfield Aerial Fireworks ................
7.17
Fund in the Sun Fireworks .............
7.18
Hartford Riverfest Fireworks ..........
7.19 Independence
Fireworks.
Day
Celebration
7.20
Jones Beach State Park Fireworks
7.21
Madison Cultural Arts Fireworks ....
7.22 Mason’s Island Yacht Club Fireworks.
7.23 Patchogue Chamber of Commerce
Fireworks.
7.24
Riverfest Fireworks .........................
7.25
Village of Asharoken Fireworks .....
wreier-aviles on DSK5TPTVN1PROD with RULES
7.26 Village of Port Jefferson Fourth of
July Celebration Fireworks.
7.27 Village of Quoque Foundering Anniversary Fireworks.
7.28
City of Long Beach Fireworks ........
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• Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position 41°15′07″ N, 072°57′26″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters off of Cedar Beach Town Park, Mount Sinai, NY in approximate position
40°57′59.58″ N, 073°01′57.87″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of the Great South Bay, Davis Park, NY in approximate position, 40°41′17″ N,
073°00′20″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Jennings Beach, Fairfield, CT in approximate position 41°08′22″ N,
073°14′02″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of the Great South Bay off The Pines, East Fire Island, NY in approximate position 40°40′07.43″ N, 073°04′13.88″ W. (NAD 83).
• Date: July 4.
• Rain Date: July 5.
• Time 9:00 p.m. to 10:30 p.m.
• Location: Waters of the Connecticut River off Hartford, CT in approximate position 41°45′21″ N,
072°39′28″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters off of Umbrella Beach, Montauk, NY in approximate position 41°01′44″ N,
071°57′13″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters off of Jones Beach State Park, Wantagh, NY in approximate position
40°34′56.68″ N, 073°30′31.19″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Long Island Sound off of Madison, CT in approximate position 41°16′10″ N,
072°36′30″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Fisher’s Island Sound, Noank, CT in approximate position 41°19′30.61″ N,
071°57′48.22″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of the Great South Bay, Patchogue, NY in approximate position, 40°44′38″ N,
073°00′33″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of the Connecticut River, Hartford, CT in approximate positions 41°45′39.93″ N,
072°39′49.14″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Northport Bay, Asharoken, NY in approximate position 41°55′54.04″ N,
073°21′27.97″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Port Jefferson Harbor, Port Jefferson, NY in approximate position
40°57′10.11″ N, 073°04′28.01″ W (NAD 83).
• Date: July 4.
• Rain date: July 5.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Quantuck Bay, Quoque, NY in approximate position 40°48′42.99″ N,
072°37′20.20″ W (NAD 83).
• Location: Waters off Riverside Blvd, City of Long Beach, NY in approximate position 40°34′38.77″
N, 073°39′41.32″ W (NAD 83).
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6961
TABLE 1 TO § 165.151—Continued
7.29 Great South Bay Music Festival
Fireworks.
7.30 Mashantucket Pequot Fireworks ....
7.31
Shelter Island Fireworks .................
7.32
Thames River Fireworks ................
7.33
Clam Shell Foundation Fireworks ..
7.34 Town of North Hempstead Bar
Beach Fireworks.
7.35 Groton Long Point Yacht Club Fireworks.
• Location: Waters of Great South Bay, off Bay Avenue, Patchogue, NY in approximate position
40°44′45″ N, 073°00′25″ W (NAD 83).
• Location: Waters of the Thames River, New London, CT in approximate positions Barge 1,
41°21′03.03″ N, 072°5′24.5″ W, Barge 2, 41°20′51.75″ N, 072°5′18.90″ W (NAD 83).
• Location: Waters of Gardiner Bay, Shelter Island, NY in approximate position 41°04′39.11″ N,
072°22′01.07″ W (NAD 83).
• Location: Waters of the Thames River off the Electric Boat Company, Groton, CT in approximate
position 41°20′38.75″ N, 072°05′12.22″ W (NAD 83).
• Location: Waters of Three Mile Harbor, East Hampton, NY in approximate position 41°1′15.49″ N,
072°11′27.50″ W (NAD 83).
• Location: Waters of Hempstead Harbor, North Hempstead, NY in approximate position 40°49′54″
N, 073°39′14″ W (NAD 83).
• Location: Waters of Long Island Sound, Groton, CT in approximate position 41°18′05″ N,
072°02′08″ W (NAD 83).
8
August
8.1 Pyro-FX Entertainment Group Fireworks.
8.2 Port Washington Sons of Italy Fireworks.
8.3 Village of Bellport Fireworks ............
8.4
Taste of Italy Fireworks ....................
8.5 Old Black Point Beach Association
Fireworks.
8.6 Town of Babylon Fireworks ..............
• Location: Waters of the Connecticut River off Chester, CT in approximate position 41°24′40.76″ N,
072°25′32.65″ W (NAD 83).
• Location: Waters of Hempstead Harbor off Bar Beach, North Hempstead, NY in approximate position 40°49′48.04″ N, 073°39′24.32″ W (NAD 83).
• Location: Waters of Bellport Bay, off Bellport Dock, Bellport, NY in approximate position
40°45′01.83″ N, 072°55′50.43″ W (NAD 83).
• Location: Waters of Norwich Harbor, off Norwich Marina, Norwich, CT in approximate position
41°31′17.72″ N, 072°04′43.41″ W (NAD 83).
• Location: Waters off Old Black Point Beach, East Lyme, CT in approximate position 41°17′34.9″
N, 072°12′55″ W (NAD 83).
• Location: Waters off of Cedar Beach Town Park, Babylon, NY in approximate position 40°37′53″
N, 073°20′12″ W (NAD 83).
9
September
9.1 East Hampton Fire Department Fireworks.
9.2 Town of Islip Labor Day Fireworks ..
9.3 Village of Island Park Labor Day
Celebration Fireworks.
• Location: Waters off Main Beach, East Hampton, NY in approximate position 40°56′40.28″ N,
072°11′21.26″ W (NAD 83).
• Location: Waters of Great South Bay off Bay Shore Marina, Islip, NY in approximate position
40°42′24″ N, 073°14′24″ W (NAD 83).
• Location: Waters off Village of Island Park Fishing Pier, Village Beach, NY in approximate position
40°36′30.95″ N, 073°39′22.23″ W (NAD 83).
TABLE 2 TO § 165.151
1.1
Swim Across the Sound ...................
1.2 Huntington Bay Open Water Championships Swim.
1.3 Maggie Fischer Memorial
South Bay Cross Bay Swim.
Great
• Location: Waters of Long Island Sound, Port Jefferson, NY to Captain’s Cove Seaport, Bridgeport,
CT in approximate positions 40°58′11.71″ N 073°05′51.12″ W, north-westerly to the finishing point
at Captain’s Cove Seaport 41°09′25.07″ N 073°12′47.82″ W (NAD 83).
• Location: Waters of Huntington Bay, NY. In approximate positions start/finish at approximate position 40°54′25.8″ N 073°24′28.8″ W, East turn at approximate position 40°54′45″ N 073°23′36.6″ W
and a West turn at approximate position 40°54′31.2″ N 073°25′21″ W. °09′25.07″ N 073°12′47.82″
W (NAD 83).
• Location: Waters of the Great South Bay, NY. Starting Point at the Fire Island Lighthouse Dock in
approximate position 40°38′01″ N 073°13′07″ W, northerly through approximate points 40°38′52″
N 073°13′09″ W, 40°39′40″ N 073°13′30″ W, 40°40′30″ N 073°14′00″ W, and finishing at Gilbert
Park, Brightwaters, NY at approximate position 40°42′25″ N 073°14′52″ W (NAD 83).
9. Remove § 165.152.
10. Revise § 165.154 to read as
follows:
■
■
wreier-aviles on DSK5TPTVN1PROD with RULES
§ 165.154 Safety and Security Zones;
Captain of the Port Long Island Sound Zone
Safety and Security Zones.
The following areas are designated
safety and security zones:
(a) Security zones.
(1) Dominion Millstone Nuclear
Power Plant, Waterford, CT.
(i) All navigable waters of Long Island
Sound, from surface to bottom, North
and Northeast of a line running from
Bay Point, at approximate position
41°18′34.20″ N, 072°10′24.60″ W, to
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Millstone Point at approximate position
41°18′15.00″ N, 072°9′57.60″ W (NAD
83).
(ii) All navigable waters of Long
Island Sound, from surface to bottom,
West of a line starting at 41°18′42″ N,
072°09′39″ W, running south to the
Eastern most point of Fox Island at
approximate position 41°18′24.11″ N,
072°09′39.73″ W (NAD 83).
(2) Electric Boat Shipyard, Groton,
CT.
(i) Location. All navigable waters of
the Thames River, from surface to
bottom, West of the Electric Boat
Corporation Shipyard enclosed by a line
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beginning at a point on the shoreline at
41°20′16″N, 72°04′47″ W; then running
West to 41°20′16″ N, 72°04′57″ W; then
running North to 41°20′26″ N, 72°04′57″
W; then Northwest to 41°20′28.7″ N,
72°05′01.7″ W; then North-Northwest to
41°20′53.3″ N, 72°05′04.8″ W; then
North-Northeast to 41°21′02.9″ N,
72°05′04.9″ W; then East to a point on
shore at 41°21′02.9″ N, 72°04′58.2″ W
(NAD 83).
(ii) Application. Sections 165.33(a),
(e), (f) shall not apply to public vessels
or to vessels owned by, under hire to,
or performing work for the Electric Boat
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Division when operating in the security
zone.
(3) Naval Submarine Base, Groton,
CT. All navigable waters of the Thames
River, from surface to bottom, West of
the Groton Naval Submarine Base New
London, enclosed by a line beginning at
a point on the shoreline at 41°23′15.8″
N, 72°05′17.9″ W; then to 41°23′15.8″ N,
72°05′22″ W; then to 41°23′25.9″ N,
72°05′29.9″ W; then to 41°23′33.8″ N,
72°05′34.7″ W; then to 41°23′37.0″ N,
72°05′38.0″ W; then to 41°23′41.0″ N,
72°05′40.3″ W; then to 41°23′47.2″ N,
72°05′42.3″ W; then to 41°23′53.8″ N,
72°05′43.7″ W; then to 41°23′59.8″ N,
72°05′43.0″ W; then to 41°24′12.4″ N,
72°05′43.2″ W; then to a point on the
shoreline at 41°24′14.4″ N, 72°05′38″ W;
then along the shoreline to the point of
beginning (NAD 83).
(4) U.S. Coast Guard Academy, New
London, CT.
(i) Location. All navigable waters of
the Thames River, from surface to
bottom, in a 500-yard radius from Jacobs
Rock, approximate position 41°22′22″ N,
072°05′40″ W (NAD 83).
(ii) Enforcement period. This rule will
be enforced during visits by highranking officials and times of heighted
security.
(iii) Notification. The Captain of the
Port will notify the maritime
community of periods during which this
security zone will be enforced by all
appropriate means such as Local Notice
to Mariners, Marine Safety Information
Radio Broadcasts or on scene notice.
(5) U.S. Coast Guard Vessels, Long
Island Sound COTP Zone. All navigable
waters within a 100-yard radius of any
anchored U.S. Coast Guard vessel. For
the purposes of this section, U.S. Coast
Guard vessels includes any
commissioned vessel or small boat in
the service of the regular U.S. Coast
Guard and does not include Coast Guard
Auxiliary vessels.
(b) Safety zones.
(1) Coast Guard Station Fire Island,
Long Island, NY. All waters of Fire
Island Inlet from the shore out to a line
beginning at a point on shore at
40°37′31.4″ N, 073°15′41.1″ W; then
North to 40°37′35.6″ N, 073°15′43.1″ W;
then East to 40°37′36.7″ N, 073°15′39.8″
W; then East to 40°37′37.8″ N,
073°15′36.6″ W; then East to 40°37′41.1″
N, 073°15′33.5″ W; then Southeast to
40°37′39.7″ N, 073°15′27.0″ W; then
Southeast to 40°37′37.5″ N, 073°15′22.1″
W; then Southeast to 40°37′37.6″ N,
073°15′19.1″ W; then Southeast to point
on shore at 40°37′33.9″ N, 073°15′20.8″
W (NAD 83).
(c) Regulations.
(1) The general regulations contained
in § 165.23 and § 165.33 of this part
VerDate Mar<15>2010
15:19 Feb 09, 2012
Jkt 226001
apply. Entering into, remaining within
or cause an article or thing to enter into
or remain within these safety and
security zones is prohibited unless
authorized by the Captain of the Port or
a designated representative.
(2) These safety and security zones are
closed to all vessel traffic, except as may
be permitted by the Captain of the Port
(COTP) or a designated representative.
Vessel operators given permission to
enter or operate in the security zones
must comply with all directions given to
them by the COTP or the designated
representative.
(3) The ‘‘designated representative’’ is
any Coast Guard commissioned, warrant
or petty officer who has been designated
by the Captain of the Port to act on his/
her behalf. The on-scene representative
may be on a Coast Guard vessel, a state
or local law enforcement vessel, or other
designated craft, or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(4) Vessel operators desiring to enter
or operate within the security zones
shall request permission to do so by
contacting the Captain of the Port Sector
Long Island Sound at 203–468–4401, or
via VHF Channel 16.
■ 11. Remove § 165.155.
■ 12. Remove §§ 165.158 and 165.159.
Dated: January 25, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2012–2899 Filed 2–9–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0060]
Drawbridge Operation Regulation;
Oakland Inner Harbor, Oakland, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Fruitvale
Avenue Drawbridge across Oakland
Inner Harbor, mile 5.6, between the
cities of Alameda and Oakland,
Alameda County, CA. The deviation is
necessary to allow the County of
SUMMARY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Alameda Public Works Agency to
perform seismic retrofitting on the
drawbridge. This deviation allows the
bridge owner to secure the drawspan in
the closed-to-navigation position during
the project.
DATES: This deviation is effective from
12:01 a.m., February 13, 2012 to 11:59
p.m. on February 24, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of the docket USCG–
2012–0060 and are available online by
going to https://www.regulations.gov,
inserting USCG–2012–0060 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.
If
you have questions on this rule, call or
email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone (510) 437–3516, email
David.H.Sulouff@uscg.mil If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The
County of Alameda Public Works
Agency has requested a temporary
change to the operation of the Fruitvale
Avenue Drawbridge, mile 5.61, over
Oakland Inner Harbor, between the
cities of Alameda and Oakland,
Alameda County, CA. The drawbridge
navigation span provides a vertical
clearance of 15 feet above Mean High
Water in the closed-to-navigation
position. The draw opens on signal;
except that, from 8 a.m. to 9 a.m. and
4:30 p.m. to 6:30 p.m. Monday through
Friday except Federal holidays, the
draw need not be opened for the passage
of vessels. However, the draw shall
open during the above closed periods
for vessels which must, for reasons of
safety, move on a tide or slack water, if
at least two hours notice is given, as
required by 33 CFR 117.181. Navigation
on the waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position for seismic
retrofitting from 12:01 a.m., February
13, 2012 to 11:59 p.m. on February 24,
2012. At all other times, the drawspan
will promptly return to normal
operation. This temporary deviation has
been coordinated with waterway users.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\10FER1.SGM
10FER1
]]>Agencies
[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Rules and Regulations]
[Pages 6954-6962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2899]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2008-0384]
RIN 1625-AA00; 1625-AA08; 1625-AA87
Special Local Regulations; Safety and Security Zones; Recurring
Events in Captain of the Port Long Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing, adding, and consolidating limited
access areas in the Coast Guard Sector Long Island Sound Captain of the
Port (COTP) Zone. These limited access areas include special local
regulations, permanent safety zones for annual recurring marine events
and a permanent security zone. When these limited access areas are
subject to enforcement, this rule will restrict vessels from portions
of water areas during these annual recurring events. The special local
regulations and safety zones will facilitate public notification of
events, and ensure the protection of the maritime public and event
participants from the hazards associated with these annual recurring
events.
DATES: This rule is effective March 12, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0384 and are available online by going to
https://www.regulations.gov, inserting USCG-2008-0384 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Petty Officer Joseph Graun, Waterways Management
Division at Coast Guard Sector Long Island Sound, telephone 203-468-
4544, email joseph.l.graun@uscg.mil. If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 6955]]
Regulatory Information
On June 22, 2011 the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Special Local Regulations; Safety and
Security Zones; Recurring Events in Captain of the Port Long Island
Sound Zone in the Federal Register (76 FR 36438). We received no
comments on the proposed rule. No public meeting was requested and none
was held.
Basis and Purpose
The legal basis for this rule is the Ports and Waterways Safety Act
of 1972 (33 U.S.C. 1226, 1231); 33 U.S.C. 1233; 46 U.S.C. Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1. These laws, regulations and policies
authorize the Coast Guard to define regulatory safety zones, security
zones and special local regulations, and delegate the authority to
create these regulations to the Captain of the Port.
This regulation carries out three related actions: (1) Establishing
necessary safety zones and special local regulations, (2) establishing
one necessary security zone, and (3) updating and reorganizing existing
regulations for ease of use and reduction of administrative overhead.
Background
The Coast Guard is adding 33 CFR 100.100 and revising Sec. Sec.
165.151 and 165.154. The changes will remove 37 regulated areas,
establish 33 new safety zones, three special local regulations, and one
security zone, and consolidate and simplify these regulations. By
establishing a permanent regulation containing these events, the Coast
Guard will eliminate the need to establish temporary rules for events
that occur on an annual basis.
The rule applies to the annual recurring events listed in the
attached Tables in the COTP Long Island Sound Zone. The Tables provide
the event name, and type, as well as locations of the events. Annual
notifications will be made to the local maritime community through all
appropriate means such as Local Notice to Mariners and Broadcast Notice
to Mariners well in advance of the events. If the event does not have a
date listed, then exact dates and times of the enforcement period will
be announced through a Notice of Enforcement in the Federal Register.
This regulation is part of a review and update of local
regulations. Our intent is to update and reorganize information for
ease of use and reduction of administrative overhead. We considered
several alternative formats for this regulation including different
table formats. Ultimately the presented format was chosen.
Discussion of Comments and Changes
We received no comments on the rule.
The following changes were made. We enhanced the regulatory text of
Sec. 100.100 clarifying and detailing what method the Coast Guard will
use to notify the public of event specific information.
Typographical error correction, in the NPRM we stated, we propose
to establish 32 new safety zones. The number 32 was a typographical
error, because 33 new safety zones were discussed throughout the NPRM.
Notice and the opportunity to comment on the 33 zones existed in the
NPRM prior to this final rule. The typographical error has been updated
in the Backgrounds section of this rule.
Positions which were described using ``Degrees-Minutes-Decimal
Minutes'' format (DD[deg]MM.MMM') were converted without change to
``Degrees-Minutes-Seconds'' (DD[deg]MM' SS''), for consistency
throughout the regulations.
Positions which were described using decimal seconds out to the
thousandths of a second (DD[deg]MM' SS.SSS'') were rounded off to
hundredths of a second (DD[deg]MM' SS.SS''). One one-thousandth of a
second (.001'') is a distance of approximately 1.2 inches. Positions
were rounded off to the nearest hundredth to reduce confusion and make
the positions easier to use. The maximum change in any regulated area
is less than 1 foot (the diagonal of a theoretical point which moved
0.05 seconds (0.05'' or about 6 inches) due to rounding in both
latitude and longitude.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
We expect the economic impact of this rule to be minimal. Although
this regulation may have some impact on the public, the potential
impact will be minimized for the following reasons:
The Coast Guard has previously promulgated safety zones, security
zones or special local regulations, in accordance with 33 CFR Parts 100
and 165, for all event areas contained within this regulation and has
not received notice of any negative impact caused by any of the safety
zones, security zones or special local regulations.
Vessels will only be restricted from safety zones and special local
regulation areas for a short duration of time. Vessels may transit in
portions of the affected waterway except for those areas covered by the
regulated areas. Notifications of exact dates and times of the
enforcement period will be made to the local maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners or
through a Notice of Enforcement in the Federal Register. No new or
additional restrictions would be imposed on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the designated regulated area during the
enforcement periods.
The regulated areas will not have a significant economic impact on
a substantial number of small entities for the following reasons: The
regulated areas will be of limited size and of short duration; vessels
that can safely do so may navigate in all other portions of the
waterways except for the areas designated as regulated areas; these
regulated areas have been promulgated in the past with no public
comments submitted. Additionally, before the effective period, the
Coast Guard will issue notice of the time and location of each
regulated area through a Local Notice to Mariners and Broadcast Notice
to Mariners or through a Notice of Enforcement in the Federal Register.
[[Page 6956]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraphs
(34)(g)&(h) of the Instruction. This rule involves the establishment of
safety and security zones and special local regulations. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recording
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard 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 a new Sec. 100.100 to read as follows:
Sec. 100.100 Special Local Regulations; Regattas and Boat Races in
the Coast Guard Sector Long Island Sound Captain of the Port Zone.
(a) The following regulations apply to the marine events listed in
the Table to Sec. 100.100. These regulations will be enforced for the
duration of each event, on or about the dates indicated. Notifications
will be made to the local maritime community through all appropriate
means such as Local Notice to Mariners or Broadcast Notice to Mariners
well in advance of the events. If the event does not have a date
listed,
[[Page 6957]]
then exact dates and times of the enforcement period will be announced
through a Notice of Enforcement in the Federal Register. The First
Coast Guard District Local Notice to Mariners can be found at: https://www.navcen.uscg.gov/.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP),
Sector Long Island Sound (LIS), to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. In addition, members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
(2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Although listed in the Code of Federal Regulations, sponsors of
events listed in Table to Sec. 100.100 are still required to submit
marine event applications in accordance with 33 CFR 100.15.
(d) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP at 203-468-4401 (Sector LIS
command center) or the designated representative via VHF channel 16.
(e) Vessels may not transit the regulated areas without the COTP or
designated representative approval. Vessels permitted to transit must
operate at a no wake speed, in a manner which will not endanger
participants or other crafts in the event.
(f) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated representative.
(g) The COTP or designated representative may control the movement
of all vessels in the regulated area. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the lawful directions issued. Failure to comply with a
lawful direction may result in expulsion from the area, citation for
failure to comply, or both.
(h) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
(i) For all power boat races listed, vessels not participating in
this event, swimmers, and personal watercraft of any nature are
prohibited from entering or moving within the regulated area unless
authorized by the COTP or designated representative. Vessels within the
regulated area must be at anchor within a designated spectator area or
moored to a waterfront facility in a way that will not interfere with
the progress of the event.
Table to Sec. 100.100
------------------------------------------------------------------------
------------------------------------------------------------------------
1.1 Harvard-Yale Regatta, Thames River, New Event type:
London, CT. Boat Race.
Date: Last
Saturday in May
through second
Saturday of June,
from 8 a.m. until 5
p.m.
Location:
All waters of the
Thames River at New
London,
Connecticut,
between the Penn
Central Draw Bridge
41[deg]21'46.94'' N
072[deg]05'14.46''
W to Bartlett Cove
41[deg]25'35.90'' N
072[deg]5'42.89'' W
(NAD 83).
Additional
stipulations:
Spectator vessels
must be at anchor
within a designated
spectator area or
moored to a
waterfront facility
within the
regulated area in
such a way that
they shall not
interfere with the
progress of the
event at least 30
minutes prior to
the start of the
races. They must
remain moored or at
anchor until the
men's varsity have
passed their
positions. At that
time, spectator
vessels located
south of the
Harvard Boathouse
may proceed
downriver at a
reasonable speed.
Vessels situated
between the Harvard
Boathouse and the
finish line must
remain stationary
until both crews
return safely to
their boathouses.
If for any reason
the men's varsity
crew race is
postponed,
spectator vessels
will remain in
position until
notified by Coast
Guard or regatta
patrol personnel.
The last 1000 feet
of the race course
near the finish
line will be
delineated by four
temporary white
buoys provided by
the sponsor. All
spectator craft
shall remain behind
these buoys during
the event.
Spectator craft
shall not anchor:
to the west of the
race course,
between Scotch Cap
and Bartlett Point
Light, or within
the race course
boundaries or in
such a manner that
would allow their
vessel to drift or
swing into the race
course. During the
effective period
all vessels shall
proceed at a speed
not to exceed six
knots in the
regulated area.
Spectator vessels
shall not follow
the crews during
the races. Swimming
is prohibited in
the vicinity of the
race course during
the races. A vessel
operating in the
vicinity of the
Submarine Base may
not cause waves
which result in
damage to
submarines or other
vessels in the
floating drydocks.
1.2 Great Connecticut River Raft Race, Middletown, Event type:
CT. Boat Race.
Date: Last
Saturday in July
through the first
Saturday in August,
from 10 a.m. until
2 p.m.
Location:
All waters of the
Connecticut River
Middletown, CT
between Dart Island
(Marker no. 73)
41[deg]33'08.24'' N
072[deg]33'24.46''
W and Portland
Shoals (Marker no.
92)
41[deg]33'46.83'' N
072[deg]38'42.18''
W (NAD 83).
1.3 Head of the Connecticut Regatta, Connecticut Event type:
River, CT. Boat Race.
Date: The
second Saturday of
October, from 7:30
a.m. until 5 p.m.
Location:
All waters of the
Connecticut River
between the
southern tip of
Gildersleeve Island
41[deg]36'03.61'' N
072[deg]37'18.08''
W and Light Number
87
41[deg]33'32.91'' N
072[deg]37'15.24''
W (NAD 83).
Additional
stipulations:
Vessels less than
20 meters in length
will be allowed to
transit the
regulated area only
under escort and at
the discretion of
the Coast Guard
patrol commander.
Vessels over 20
meters in length
will be allowed to
transit the
regulated area,
under escort, from
12:30 p.m. to 1:45
p.m. or as directed
by the Coast Guard
patrol commander.
All transiting
vessels shall
operate at ``No
Wake'' speed or
five knots,
whichever is
slower. Southbound
vessels awaiting
escort through the
regulated area will
wait in the
vicinity of the
southern tip of
Gildersleeve
Island. Northbound
vessels awaiting
escort will wait at
Light Number 87.
[[Page 6958]]
1.4 Riverfront Regatta, Hartford, CT.............. Event type:
Regatta.
Date: The
first Sunday of
October, from 8:30
a.m. until 4:30
p.m.
Location:
All water of the
Connecticut River,
Hartford, CT,
between the Putnum
Bridge
41[deg]42'52.20'' N
072[deg]38'25.80''
W and the Riverside
Boat House
41[deg]46'25.20'' N
072[deg]39'49.80''
W (NAD 83).
1.5 Patchogue Grand Prix, Patchogue, NY........... Event type:
Boat Race.
Date: The
last weekend of
August Friday,
Saturday and
Sunday, from 11
a.m. until 5 p.m.
Location:
All water of the
Great South Bay,
off Shorefront
Park, Patchogue, NY
from approximate
position: Beginning
at a point off Sand
Spit Park,
Patchogue, NY at
position
40[deg]44'45'' N,
073[deg]00'51'' W
then running south
to a point in Great
South Bay at
position
40[deg]43'46'' N,
073[deg]00'51'' W
then running south
east to position
40[deg]43'41'' N,
073[deg]00'20'' W
then running north
east to position
40[deg]43'54'' N,
072[deg]58'46'' W
then east to
position
40[deg]43'58'' N,
072[deg]57'32'' W
then east to
position
40[deg]43'57'' N,
072[deg]56'49'' W
then north to
position
40[deg]44'18'' N,
072[deg]56'49'' W
then west to
position
40[deg]44'18'' N,
072[deg]57'32'' W
then north west to
position
40[deg]44'30'' N,
072[deg]58'32'' W
then north west to
position
40[deg]44'33'' N,
072[deg]59'12'' W
then north west to
position
40[deg]44'41'' N,
072[deg]59'51'' W
then north west to
position
40[deg]44'46'' N,
073[deg]00'04'' W
and then closing
the zone at
position
40[deg]44'45'' N,
073[deg]00'51'' W
(NAD 83).
1.6 Riverfront U.S. Title series Powerboat Race, Event type:
Hartford, CT. Boat Race.
Date: Labor
Day weekend, Friday
and Saturday from
10 a.m. until 6
p.m. and Sunday
from 12:01 p.m.
until 6 p.m.
Location:
All water of the
Connecticut River,
Hartford, CT,
between the
Founders Bridge on
the North
approximate
position
41[deg]45'53.47''
N,
072[deg]39'55.77''
W and
41[deg]45'37.39''
N,
072[deg]39'47.49''
W (NAD 83) to the
South.
------------------------------------------------------------------------
0
3. Remove the following entries in the ``Fireworks Display Table'' in
Sec. 100.114 (along with the associated ``Connecticut'' or ``New
York'' titles) as follows: 6.2, 7.1, 7.2, 7.4, 7.5, 7.10, 7.11, 7.29,
7.30, 7.31, 7.32, 7.33, 7.35, 7.36, 7.37, 7.39, 7.40, 8.1, 8.3, 8.4,
8.6, 9.3, 9.5, 9.6, 12.4.
0
4. Remove Sec. Sec. 100.101, 100.102, 100.105, and 100.106.
0
5. Remove Sec. Sec. 100.121, 100.122, and 100.124.
PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS
0
6. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
7. Remove Sec. 165.140.
0
8. Revise Sec. 165.151 to read as follows:
Sec. 165.151 Safety Zones; Fireworks Displays, Air Shows and Swim
Events in the Captain of the Port Long Island Sound Zone.
(a) Regulations.
(1) The general regulations contained in 33 CFR 165.23 as well as
the following regulations apply to the fireworks displays, air shows,
and swim events listed in Tables 1 and 2 to Sec. 165.151.
(2) These regulations will be enforced for the duration of each
event. Notifications will be made to the local maritime community
through all appropriate means such as Local Notice to Mariners or
Broadcast Notice to Mariners well in advance of the events. If the
event does not have a date listed, then exact dates and times of the
enforcement period will be announced through a Notice of Enforcement in
the Federal Register. Mariners should consult the Federal Register or
their Local Notice to Mariners to remain apprised of schedule or event
changes. First Coast Guard District Local Notice to Mariners can be
found at https://www.navcen.uscg.gov/.
(3) Although listed in the Code of Federal Regulations, sponsors of
events listed in Tables 1 and 2 to Sec. 165.151 are still required to
submit marine event applications in accordance with 33 CFR 100.15.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP),
Sector Long Island Sound (LIS), to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. In addition, members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
(2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Vessel operators desiring to enter or operate within the
regulated areas should contact the COTP at 203-468-4401 (Sector LIS
command center) or the designated representative via VHF channel 16 to
obtain permission to do so.
(d) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated representative.
(e) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(f) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
(g) The regulated area for all fireworks displays listed in Table 1
to Sec. 165.151 is that area of navigable waters within a 1000 foot
radius of the launch platform or launch site for each fireworks
display, unless otherwise noted in Table 1 to Sec. 165.151 or modified
in USCG First District Local Notice to Mariners at: https://www.navcen.uscg.gov/.
(h) The regulated area for all air shows is the entire geographic
area described as the location for that show unless otherwise noted in
Table 1 to Sec. 165.151 or modified in USCG First District Local
Notice to Mariners at: https://www.navcen.uscg.gov/.
(i) Fireworks barges used in these locations will also have a sign
on their
[[Page 6959]]
port and starboard side labeled ``FIREWORKS--STAY AWAY''. This sign
will consist of 10 inch high by 1.5 inch wide red lettering on a white
background. Shore sites used in these locations will display a sign
labeled ``FIREWORKS--STAY AWAY'' with the same dimensions. These zones
will be enforced from 8:30 p.m. to 10:30 p.m. each day a barge with a
``FIREWORKS--STAY AWAY'' sign on the port and starboard side is on-
scene or a ``FIREWORKS--STAY AWAY'' sign is posted in a location listed
in Table 1 to Sec. 165.151.
(j) For all swim events listed in Table 2 to Sec. 165.151, vessels
not associated with the event shall maintain a separation of at least
100 yards from the participants.
Table 1 to Sec. 165.151
------------------------------------------------------------------------
------------------------------------------------------------------------
5 May
------------------------------------------------------------------------
5.1 Jones Beach Air Show.......................... Date: The
Thursday through
Sunday before
Memorial Day each
May from 9:30 a.m.
until 3:30 p.m.
each day.
Location:
Waters of Atlantic
Ocean off of Jones
Beach State Park,
Wantagh, NY. In
approximate
positions
40[deg]35'06'' N,
073[deg]32'37'' W,
then running east
along the shoreline
of Jones Beach
State Park to
approximate
position
40[deg]35'49'' N,
073[deg]28'47'' W;
then running south
to a position in
the Atlantic Ocean
off of Jones Beach
at approximate
position
40[deg]35'05'' N,
073[deg]28'34'' W;
then running West
to approximate
position
40[deg]34'23'' N,
073[deg]32'23'' W;
then running North
to the point of
origin. (NAD 83).
------------------------------------------------------------------------
6 June
------------------------------------------------------------------------
6.1 Barnum Festival Fireworks..................... Date: last
Saturday in June.
Rain Date:
following Saturday.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of
Bridgeport Harbor,
Bridgeport, CT in
approximate
position
41[deg]9'04'' N,
073[deg]12'49'' W
(NAD 83).
6.2 Town of Branford Fireworks.................... Location:
Waters of Branford
Harbor, Branford,
CT in approximate
position,
41[deg]15'30'' N,
072[deg]49'22'' W
(NAD 83).
6.3 Vietnam Veterans/Town of East Haven Fireworks. Location:
Waters off Cosey
beach, East Haven,
CT in approximate
position,
41[deg]14'19'' N,
072[deg]52'09.8'' W
(NAD 83).
------------------------------------------------------------------------
7 July
------------------------------------------------------------------------
7.1 Point O'Woods Fire Company Summer Fireworks... Location:
Waters of the Great
South Bay, Point
O'Woods, NY in
approximate
position
40[deg]39'18.57''
N,
073[deg]08'05.73''
W (NAD 83).
7.2 Cancer Center for Kids Fireworks.............. Location:
Waters off of
Bayville, NY in
approximate
position
40[deg]54'38.20''
N,
073[deg]34'56.88''
W (NAD 83).
7.3 City of Westbrook, CT July Celebration Location:
Fireworks. Waters of Westbrook
Harbor, Westbrook,
CT in approximate
position,
41[deg]16'10.50''
N, 072[deg]26'14''
W (NAD 83).
7.4 Norwalk Fireworks............................. Location:
Waters off Calf
Pasture Beach,
Norwalk, CT in
approximate
position,
41[deg]04'50'' N,
073[deg]23'22'' W
(NAD 83).
7.5 Lawrence Beach Club Fireworks................. Location:
Waters of the
Atlantic Ocean off
Lawrence Beach
Club, Atlantic
Beach, NY in
approximate
position
40[deg]34'42.65''
N,
073[deg]42'56.02''
W (NAD 83).
7.6 Sag Harbor Fireworks.......................... Location:
Waters of Sag
Harbor Bay off
Havens Beach, Sag
Harbor, NY in
approximate
position
41[deg]00'26'' N,
072[deg]17'09'' W
(NAD 83).
7.7 South Hampton Fresh Air Home Fireworks........ Location:
Waters of
Shinnecock Bay,
Southampton, NY in
approximate
positions,
40[deg]51'48'' N,
072[deg]26'30'' W
(NAD 83).
7.8 Westport Police Athletic League Fireworks..... Location:
Waters off Compo
Beach, Westport, CT
in approximate
position,
41[deg]06'15'' N,
073[deg]20'57'' W
(NAD 83).
7.9 City of Middletown Fireworks.................. Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the
Connecticut River,
Middletown Harbor,
Middletown, CT in
approximate
position
41[deg]33'44.47''
N,
072[deg]38'37.88''
W (NAD 83).
7.10 City of New Haven Fireworks.................. Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of New Haven
Harbor, off Long
Wharf Park, New
Haven, CT in
approximate
position
41[deg]17'24'' N,
072[deg]54'55.8'' W
(NAD 83).
7.11 City of Norwich July Fireworks............... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the
Thames River,
Norwich, CT in
approximate
position,
41[deg]31'16.84''
N,
072[deg]04'43.33''
W (NAD 83).
7.12 City of Stamford Fireworks................... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Fisher's
Westcott Cove,
Stamford, CT in
approximate
position
41[deg]02'09.56''
N,
073[deg]30'57.76''
W (NAD 83).
7.13 City of West Haven Fireworks................. Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
[[Page 6960]]
Location:
Waters of New Haven
Harbor, off Bradley
Point, West Haven,
CT in approximate
position
41[deg]15'07'' N,
072[deg]57'26'' W
(NAD 83).
7.14 CDM Chamber of Commerce Annual Music Fest Date: July
Fireworks. 4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters off of Cedar
Beach Town Park,
Mount Sinai, NY in
approximate
position
40[deg]57'59.58''
N,
073[deg]01'57.87''
W (NAD 83).
7.15 Davis Park Fireworks......................... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the Great
South Bay, Davis
Park, NY in
approximate
position,
40[deg]41'17'' N,
073[deg]00'20'' W
(NAD 83).
7.16 Fairfield Aerial Fireworks................... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Jennings
Beach, Fairfield,
CT in approximate
position
41[deg]08'22'' N,
073[deg]14'02'' W
(NAD 83).
7.17 Fund in the Sun Fireworks.................... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the Great
South Bay off The
Pines, East Fire
Island, NY in
approximate
position
40[deg]40'07.43''
N,
073[deg]04'13.88''
W. (NAD 83).
7.18 Hartford Riverfest Fireworks................. Date: July
4.
Rain Date:
July 5.
Time 9:00
p.m. to 10:30 p.m.
Location:
Waters of the
Connecticut River
off Hartford, CT in
approximate
position
41[deg]45'21'' N,
072[deg]39'28'' W
(NAD 83).
7.19 Independence Day Celebration Fireworks....... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters off of
Umbrella Beach,
Montauk, NY in
approximate
position
41[deg]01'44'' N,
071[deg]57'13'' W
(NAD 83).
7.20 Jones Beach State Park Fireworks............. Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters off of Jones
Beach State Park,
Wantagh, NY in
approximate
position
40[deg]34'56.68''
N,
073[deg]30'31.19''
W (NAD 83).
7.21 Madison Cultural Arts Fireworks.............. Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Long
Island Sound off of
Madison, CT in
approximate
position
41[deg]16'10'' N,
072[deg]36'30'' W
(NAD 83).
7.22 Mason's Island Yacht Club Fireworks.......... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Fisher's
Island Sound,
Noank, CT in
approximate
position
41[deg]19'30.61''
N,
071[deg]57'48.22''
W (NAD 83).
7.23 Patchogue Chamber of Commerce Fireworks...... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the Great
South Bay,
Patchogue, NY in
approximate
position,
40[deg]44'38'' N,
073[deg]00'33'' W
(NAD 83).
7.24 Riverfest Fireworks.......................... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of the
Connecticut River,
Hartford, CT in
approximate
positions
41[deg]45'39.93''
N,
072[deg]39'49.14''
W (NAD 83).
7.25 Village of Asharoken Fireworks............... Date: July
4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Northport
Bay, Asharoken, NY
in approximate
position
41[deg]55'54.04''
N,
073[deg]21'27.97''
W (NAD 83).
7.26 Village of Port Jefferson Fourth of July Date: July
Celebration Fireworks. 4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Port
Jefferson Harbor,
Port Jefferson, NY
in approximate
position
40[deg]57'10.11''
N,
073[deg]04'28.01''
W (NAD 83).
7.27 Village of Quoque Foundering Anniversary Date: July
Fireworks. 4.
Rain date:
July 5.
Time: 8:30
p.m. to 10:30 p.m.
Location:
Waters of Quantuck
Bay, Quoque, NY in
approximate
position
40[deg]48'42.99''
N,
072[deg]37'20.20''
W (NAD 83).
7.28 City of Long Beach Fireworks................. Location:
Waters off
Riverside Blvd,
City of Long Beach,
NY in approximate
position
40[deg]34'38.77''
N,
073[deg]39'41.32''
W (NAD 83).
[[Page 6961]]
7.29 Great South Bay Music Festival Fireworks..... Location:
Waters of Great
South Bay, off Bay
Avenue, Patchogue,
NY in approximate
position
40[deg]44'45'' N,
073[deg]00'25'' W
(NAD 83).
7.30 Mashantucket Pequot Fireworks................ Location:
Waters of the
Thames River, New
London, CT in
approximate
positions Barge 1,
41[deg]21'03.03''
N, 072[deg]5'24.5''
W, Barge 2,
41[deg]20'51.75''
N,
072[deg]5'18.90'' W
(NAD 83).
7.31 Shelter Island Fireworks..................... Location:
Waters of Gardiner
Bay, Shelter
Island, NY in
approximate
position
41[deg]04'39.11''
N,
072[deg]22'01.07''
W (NAD 83).
7.32 Thames River Fireworks....................... Location:
Waters of the
Thames River off
the Electric Boat
Company, Groton, CT
in approximate
position
41[deg]20'38.75''
N,
072[deg]05'12.22''
W (NAD 83).
7.33 Clam Shell Foundation Fireworks.............. Location:
Waters of Three
Mile Harbor, East
Hampton, NY in
approximate
position
41[deg]1'15.49'' N,
072[deg]11'27.50''
W (NAD 83).
7.34 Town of North Hempstead Bar Beach Fireworks.. Location:
Waters of Hempstead
Harbor, North
Hempstead, NY in
approximate
position
40[deg]49'54'' N,
073[deg]39'14'' W
(NAD 83).
7.35 Groton Long Point Yacht Club Fireworks....... Location:
Waters of Long
Island Sound,
Groton, CT in
approximate
position
41[deg]18'05'' N,
072[deg]02'08'' W
(NAD 83).
------------------------------------------------------------------------
8 August
------------------------------------------------------------------------
8.1 Pyro-FX Entertainment Group Fireworks......... Location:
Waters of the
Connecticut River
off Chester, CT in
approximate
position
41[deg]24'40.76''
N,
072[deg]25'32.65''
W (NAD 83).
8.2 Port Washington Sons of Italy Fireworks....... Location:
Waters of Hempstead
Harbor off Bar
Beach, North
Hempstead, NY in
approximate
position
40[deg]49'48.04''
N,
073[deg]39'24.32''
W (NAD 83).
8.3 Village of Bellport Fireworks................. Location:
Waters of Bellport
Bay, off Bellport
Dock, Bellport, NY
in approximate
position
40[deg]45'01.83''
N,
072[deg]55'50.43''
W (NAD 83).
8.4 Taste of Italy Fireworks...................... Location:
Waters of Norwich
Harbor, off Norwich
Marina, Norwich, CT
in approximate
position
41[deg]31'17.72''
N,
072[deg]04'43.41''
W (NAD 83).
8.5 Old Black Point Beach Association Fireworks... Location:
Waters off Old
Black Point Beach,
East Lyme, CT in
approximate
position
41[deg]17'34.9'' N,
072[deg]12'55'' W
(NAD 83).
8.6 Town of Babylon Fireworks..................... Location:
Waters off of Cedar
Beach Town Park,
Babylon, NY in
approximate
position
40[deg]37'53'' N,
073[deg]20'12'' W
(NAD 83).
------------------------------------------------------------------------
9 September
------------------------------------------------------------------------
9.1 East Hampton Fire Department Fireworks........ Location:
Waters off Main
Beach, East
Hampton, NY in
approximate
position
40[deg]56'40.28''
N,
072[deg]11'21.26''
W (NAD 83).
9.2 Town of Islip Labor Day Fireworks............. Location:
Waters of Great
South Bay off Bay
Shore Marina,
Islip, NY in
approximate
position
40[deg]42'24'' N,
073[deg]14'24'' W
(NAD 83).
9.3 Village of Island Park Labor Day Celebration Location:
Fireworks. Waters off Village
of Island Park
Fishing Pier,
Village Beach, NY
in approximate
position
40[deg]36'30.95''
N,
073[deg]39'22.23''
W (NAD 83).
------------------------------------------------------------------------
Table 2 to Sec. 165.151
------------------------------------------------------------------------
------------------------------------------------------------------------
1.1 Swim Across the Sound......................... Location:
Waters of Long
Island Sound, Port
Jefferson, NY to
Captain's Cove
Seaport,
Bridgeport, CT in
approximate
positions
40[deg]58'11.71'' N
073[deg]05'51.12''
W, north-westerly
to the finishing
point at Captain's
Cove Seaport
41[deg]09'25.07'' N
073[deg]12'47.82''
W (NAD 83).
1.2 Huntington Bay Open Water Championships Swim.. Location:
Waters of
Huntington Bay, NY.
In approximate
positions start/
finish at
approximate
position
40[deg]54'25.8'' N
073[deg]24'28.8''
W, East turn at
approximate
position
40[deg]54'45'' N
073[deg]23'36.6'' W
and a West turn at
approximate
position
40[deg]54'31.2'' N
073[deg]25'21'' W.
[deg]09'25.07'' N
073[deg]12'47.82''
W (NAD 83).
1.3 Maggie Fischer Memorial Great South Bay Cross Location:
Bay Swim. Waters of the Great
South Bay, NY.
Starting Point at
the Fire Island
Lighthouse Dock in
approximate
position
40[deg]38'01'' N
073[deg]13'07'' W,
northerly through
approximate points
40[deg]38'52'' N
073[deg]13'09'' W,
40[deg]39'40'' N
073[deg]13'30'' W,
40[deg]40'30'' N
073[deg]14'00'' W,
and finishing at
Gilbert Park,
Brightwaters, NY at
approximate
position
40[deg]42'25'' N
073[deg]14'52'' W
(NAD 83).
------------------------------------------------------------------------
0
9. Remove Sec. 165.152.
0
10. Revise Sec. 165.154 to read as follows:
Sec. 165.154 Safety and Security Zones; Captain of the Port Long
Island Sound Zone Safety and Security Zones.
The following areas are designated safety and security zones:
(a) Security zones.
(1) Dominion Millstone Nuclear Power Plant, Waterford, CT.
(i) All navigable waters of Long Island Sound, from surface to
bottom, North and Northeast of a line running from Bay Point, at
approximate position 41[deg]18'34.20'' N, 072[deg]10'24.60'' W, to
Millstone Point at approximate position 41[deg]18'15.00'' N,
072[deg]9'57.60'' W (NAD 83).
(ii) All navigable waters of Long Island Sound, from surface to
bottom, West of a line starting at 41[deg]18'42'' N, 072[deg]09'39'' W,
running south to the Eastern most point of Fox Island at approximate
position 41[deg]18'24.11'' N, 072[deg]09'39.73'' W (NAD 83).
(2) Electric Boat Shipyard, Groton, CT.
(i) Location. All navigable waters of the Thames River, from
surface to bottom, West of the Electric Boat Corporation Shipyard
enclosed by a line beginning at a point on the shoreline at
41[deg]20'16''N, 72[deg]04'47'' W; then running West to 41[deg]20'16''
N, 72[deg]04'57'' W; then running North to 41[deg]20'26'' N,
72[deg]04'57'' W; then Northwest to 41[deg]20'28.7'' N,
72[deg]05'01.7'' W; then North-Northwest to 41[deg]20'53.3'' N,
72[deg]05'04.8'' W; then North-Northeast to 41[deg]21'02.9'' N,
72[deg]05'04.9'' W; then East to a point on shore at 41[deg]21'02.9''
N, 72[deg]04'58.2'' W (NAD 83).
(ii) Application. Sections 165.33(a), (e), (f) shall not apply to
public vessels or to vessels owned by, under hire to, or performing
work for the Electric Boat
[[Page 6962]]
Division when operating in the security zone.
(3) Naval Submarine Base, Groton, CT. All navigable waters of the
Thames River, from surface to bottom, West of the Groton Naval
Submarine Base New London, enclosed by a line beginning at a point on
the shoreline at 41[deg]23'15.8'' N, 72[deg]05'17.9'' W; then to
41[deg]23'15.8'' N, 72[deg]05'22'' W; then to 41[deg]23'25.9'' N,
72[deg]05'29.9'' W; then to 41[deg]23'33.8'' N, 72[deg]05'34.7'' W;
then to 41[deg]23'37.0'' N, 72[deg]05'38.0'' W; then to
41[deg]23'41.0'' N, 72[deg]05'40.3'' W; then to 41[deg]23'47.2'' N,
72[deg]05'42.3'' W; then to 41[deg]23'53.8'' N, 72[deg]05'43.7'' W;
then to 41[deg]23'59.8'' N, 72[deg]05'43.0'' W; then to
41[deg]24'12.4'' N, 72[deg]05'43.2'' W; then to a point on the
shoreline at 41[deg]24'14.4'' N, 72[deg]05'38'' W; then along the
shoreline to the point of beginning (NAD 83).
(4) U.S. Coast Guard Academy, New London, CT.
(i) Location. All navigable waters of the Thames River, from
surface to bottom, in a 500-yard radius from Jacobs Rock, approximate
position 41[deg]22'22'' N, 072[deg]05'40'' W (NAD 83).
(ii) Enforcement period. This rule will be enforced during visits
by high-ranking officials and times of heighted security.
(iii) Notification. The Captain of the Port will notify the
maritime community of periods during which this security zone will be
enforced by all appropriate means such as Local Notice to Mariners,
Marine Safety Information Radio Broadcasts or on scene notice.
(5) U.S. Coast Guard Vessels, Long Island Sound COTP Zone. All
navigable waters within a 100-yard radius of any anchored U.S. Coast
Guard vessel. For the purposes of this section, U.S. Coast Guard
vessels includes any commissioned vessel or small boat in the service
of the regular U.S. Coast Guard and does not include Coast Guard
Auxiliary vessels.
(b) Safety zones.
(1) Coast Guard Station Fire Island, Long Island, NY. All waters of
Fire Island Inlet from the shore out to a line beginning at a point on
shore at 40[deg]37'31.4'' N, 073[deg]15'41.1'' W; then North to
40[deg]37'35.6'' N, 073[deg]15'43.1'' W; then East to 40[deg]37'36.7''
N, 073[deg]15'39.8'' W; then East to 40[deg]37'37.8'' N,
073[deg]15'36.6'' W; then East to 40[deg]37'41.1'' N, 073[deg]15'33.5''
W; then Southeast to 40[deg]37'39.7'' N, 073[deg]15'27.0'' W; then
Southeast to 40[deg]37'37.5'' N, 073[deg]15'22.1'' W; then Southeast to
40[deg]37'37.6'' N, 073[deg]15'19.1'' W; then Southeast to point on
shore at 40[deg]37'33.9'' N, 073[deg]15'20.8'' W (NAD 83).
(c) Regulations.
(1) The general regulations contained in Sec. 165.23 and Sec.
165.33 of this part apply. Entering into, remaining within or cause an
article or thing to enter into or remain within these safety and
security zones is prohibited unless authorized by the Captain of the
Port or a designated representative.
(2) These safety and security zones are closed to all vessel
traffic, except as may be permitted by the Captain of the Port (COTP)
or a designated representative. Vessel operators given permission to
enter or operate in the security zones must comply with all directions
given to them by the COTP or the designated representative.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
Captain of the Port to act on his/her behalf. The on-scene
representative may be on a Coast Guard vessel, a state or local law
enforcement vessel, or other designated craft, or may be on shore and
will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(4) Vessel operators desiring to enter or operate within the
security zones shall request permission to do so by contacting the
Captain of the Port Sector Long Island Sound at 203-468-4401, or via
VHF Channel 16.
0
11. Remove Sec. 165.155.
0
12. Remove Sec. Sec. 165.158 and 165.159.
Dated: January 25, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2012-2899 Filed 2-9-12; 8:45 am]
BILLING CODE 9110-04-P
