Special Local Regulations; Safety and Security Zones; Recurring Events in Captain of the Port Long Island Sound Zone, 6954-6962 [2012-2899]

Download as PDF 6954 § 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: wreier-aviles on DSK5TPTVN1PROD with RULES § 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: ■ VerDate Mar<15>2010 15:19 Feb 09, 2012 Jkt 226001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 http:// www.regulations.gov, inserting USCG– 2008–0384 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the Docket Management Facility (M– 30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Petty Officer Joseph Graun, Waterways Management Division at Coast Guard Sector Long Island Sound, telephone 203–468–4544, email joseph.l.graun@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\10FER1.SGM 10FER1 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Rules and Regulations 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:19 Feb 09, 2012 Jkt 226001 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 6955 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. E:\FR\FM\10FER1.SGM 10FER1 6956 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Rules and Regulations 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 wreier-aviles on DSK5TPTVN1PROD with RULES 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. VerDate Mar<15>2010 15:19 Feb 09, 2012 Jkt 226001 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. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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, E:\FR\FM\10FER1.SGM 10FER1 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Rules and Regulations then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the Federal Register. The First Coast Guard District Local Notice to Mariners can be found at: http://www.navcen.uscg.gov/. (b) Definitions. The following definitions apply to this section: (1) Designated representative. A ‘‘designated representative’’ is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound (LIS), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official patrol vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (c) Although listed in the Code of Federal Regulations, sponsors of events listed in Table to § 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 6957 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. wreier-aviles on DSK5TPTVN1PROD with RULES 1.3 Head of the Connecticut Regatta, Connecticut River, CT. VerDate Mar<15>2010 15:19 Feb 09, 2012 Jkt 226001 • 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. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\10FER1.SGM 10FER1 6958 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Rules and Regulations 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. VerDate Mar<15>2010 17:10 Feb 09, 2012 Jkt 226001 If the event does not have a date listed, then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the Federal Register. Mariners should consult the Federal Register or their Local Notice to Mariners to remain apprised of schedule or event changes. First Coast Guard District Local Notice to Mariners can be found at http:// www.navcen.uscg.gov/. (3) Although listed in the Code of Federal Regulations, sponsors of events listed in Tables 1 and 2 to § 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 Frm 00018 Fmt 4700 Sfmt 4700 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: http://www.navcen.uscg.gov/. (h) The regulated area for all air shows is the entire geographic area described as the location for that show unless otherwise noted in Table 1 to § 165.151 or modified in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/. (i) Fireworks barges used in these locations will also have a sign on their E:\FR\FM\10FER1.SGM 10FER1 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Rules and Regulations 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 ....... VerDate Mar<15>2010 15:19 Feb 09, 2012 Jkt 226001 • 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\10FER1.SGM 10FER1 6960 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Rules and Regulations 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 ........ VerDate Mar<15>2010 15:19 Feb 09, 2012 Jkt 226001 • 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). PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\10FER1.SGM 10FER1 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Rules and Regulations 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 VerDate Mar<15>2010 15:19 Feb 09, 2012 Jkt 226001 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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 E:\FR\FM\10FER1.SGM 10FER1 wreier-aviles on DSK5TPTVN1PROD with RULES 6962 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Rules and Regulations 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 http://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]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2008-0384]
RIN 1625-AA00; 1625-AA08; 1625-AA87


Special Local Regulations; Safety and Security Zones; Recurring 
Events in Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is removing, adding, and consolidating limited 
access areas in the Coast Guard Sector Long Island Sound Captain of the 
Port (COTP) Zone. These limited access areas include special local 
regulations, permanent safety zones for annual recurring marine events 
and a permanent security zone. When these limited access areas are 
subject to enforcement, this rule will restrict vessels from portions 
of water areas during these annual recurring events. The special local 
regulations and safety zones will facilitate public notification of 
events, and ensure the protection of the maritime public and event 
participants from the hazards associated with these annual recurring 
events.

DATES: This rule is effective March 12, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0384 and are available online by going to 
http://www.regulations.gov, inserting USCG-2008-0384 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Petty Officer Joseph Graun, Waterways Management 
Division at Coast Guard Sector Long Island Sound, telephone 203-468-
4544, email joseph.l.graun@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 6955]]

Regulatory Information

    On June 22, 2011 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Special Local Regulations; Safety and 
Security Zones; Recurring Events in Captain of the Port Long Island 
Sound Zone in the Federal Register (76 FR 36438). We received no 
comments on the proposed rule. No public meeting was requested and none 
was held.

Basis and Purpose

    The legal basis for this rule is the Ports and Waterways Safety Act 
of 1972 (33 U.S.C. 1226, 1231); 33 U.S.C. 1233; 46 U.S.C. Chapter 701, 
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland 
Security Delegation No. 0170.1. These laws, regulations and policies 
authorize the Coast Guard to define regulatory safety zones, security 
zones and special local regulations, and delegate the authority to 
create these regulations to the Captain of the Port.
    This regulation carries out three related actions: (1) Establishing 
necessary safety zones and special local regulations, (2) establishing 
one necessary security zone, and (3) updating and reorganizing existing 
regulations for ease of use and reduction of administrative overhead.

Background

    The Coast Guard is adding 33 CFR 100.100 and revising Sec. Sec.  
165.151 and 165.154. The changes will remove 37 regulated areas, 
establish 33 new safety zones, three special local regulations, and one 
security zone, and consolidate and simplify these regulations. By 
establishing a permanent regulation containing these events, the Coast 
Guard will eliminate the need to establish temporary rules for events 
that occur on an annual basis.
    The rule applies to the annual recurring events listed in the 
attached Tables in the COTP Long Island Sound Zone. The Tables provide 
the event name, and type, as well as locations of the events. Annual 
notifications will be made to the local maritime community through all 
appropriate means such as Local Notice to Mariners and Broadcast Notice 
to Mariners well in advance of the events. If the event does not have a 
date listed, then exact dates and times of the enforcement period will 
be announced through a Notice of Enforcement in the Federal Register.
    This regulation is part of a review and update of local 
regulations. Our intent is to update and reorganize information for 
ease of use and reduction of administrative overhead. We considered 
several alternative formats for this regulation including different 
table formats. Ultimately the presented format was chosen.

Discussion of Comments and Changes

    We received no comments on the rule.
    The following changes were made. We enhanced the regulatory text of 
Sec.  100.100 clarifying and detailing what method the Coast Guard will 
use to notify the public of event specific information.
    Typographical error correction, in the NPRM we stated, we propose 
to establish 32 new safety zones. The number 32 was a typographical 
error, because 33 new safety zones were discussed throughout the NPRM. 
Notice and the opportunity to comment on the 33 zones existed in the 
NPRM prior to this final rule. The typographical error has been updated 
in the Backgrounds section of this rule.
    Positions which were described using ``Degrees-Minutes-Decimal 
Minutes'' format (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: http://www.navcen.uscg.gov/.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port (COTP), 
Sector Long Island Sound (LIS), to act on his or her behalf. The 
designated representative may be on an official patrol vessel or may be 
on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. In addition, members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Although listed in the Code of Federal Regulations, sponsors of 
events listed in Table to Sec.  100.100 are still required to submit 
marine event applications in accordance with 33 CFR 100.15.
    (d) Vessel operators desiring to enter or operate within the 
regulated areas shall contact the COTP at 203-468-4401 (Sector LIS 
command center) or the designated representative via VHF channel 16.
    (e) Vessels may not transit the regulated areas without the COTP or 
designated representative approval. Vessels permitted to transit must 
operate at a no wake speed, in a manner which will not endanger 
participants or other crafts in the event.
    (f) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by COTP or designated representative.
    (g) The COTP or designated representative may control the movement 
of all vessels in the regulated area. When hailed or signaled by an 
official patrol vessel, a vessel shall come to an immediate stop and 
comply with the lawful directions issued. Failure to comply with a 
lawful direction may result in expulsion from the area, citation for 
failure to comply, or both.
    (h) The COTP or designated representative may delay or terminate 
any marine event in this subpart at any time it is deemed necessary to 
ensure the safety of life or property.
    (i) For all power boat races listed, vessels not participating in 
this event, swimmers, and personal watercraft of any nature are 
prohibited from entering or moving within the regulated area unless 
authorized by the COTP or designated representative. Vessels within the 
regulated area must be at anchor within a designated spectator area or 
moored to a waterfront facility in a way that will not interfere with 
the progress of the event.

                         Table to Sec.   100.100
------------------------------------------------------------------------
 
------------------------------------------------------------------------
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 http://www.navcen.uscg.gov/.
    (3) Although listed in the Code of Federal Regulations, sponsors of 
events listed in Tables 1 and 2 to Sec.  165.151 are still required to 
submit marine event applications in accordance with 33 CFR 100.15.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port (COTP), 
Sector Long Island Sound (LIS), to act on his or her behalf. The 
designated representative may be on an official patrol vessel or may be 
on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. In addition, members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Vessel operators desiring to enter or operate within the 
regulated areas should contact the COTP at 203-468-4401 (Sector LIS 
command center) or the designated representative via VHF channel 16 to 
obtain permission to do so.
    (d) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by COTP or designated representative.
    (e) Upon being hailed by a U.S. Coast Guard vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.
    (f) The COTP or designated representative may delay or terminate 
any marine event in this subpart at any time it is deemed necessary to 
ensure the safety of life or property.
    (g) The regulated area for all fireworks displays listed in Table 1 
to Sec.  165.151 is that area of navigable waters within a 1000 foot 
radius of the launch platform or launch site for each fireworks 
display, unless otherwise noted in Table 1 to Sec.  165.151 or modified 
in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/.
    (h) The regulated area for all air shows is the entire geographic 
area described as the location for that show unless otherwise noted in 
Table 1 to Sec.  165.151 or modified in USCG First District Local 
Notice to Mariners at: http://www.navcen.uscg.gov/.
    (i) Fireworks barges used in these locations will also have a sign 
on their

[[Page 6959]]

port and starboard side labeled ``FIREWORKS--STAY AWAY''. This sign 
will consist of 10 inch high by 1.5 inch wide red lettering on a white 
background. Shore sites used in these locations will display a sign 
labeled ``FIREWORKS--STAY AWAY'' with the same dimensions. These zones 
will be enforced from 8:30 p.m. to 10:30 p.m. each day a barge with a 
``FIREWORKS--STAY AWAY'' sign on the port and starboard side is on-
scene or a ``FIREWORKS--STAY AWAY'' sign is posted in a location listed 
in Table 1 to Sec.  165.151.
    (j) For all swim events listed in Table 2 to Sec.  165.151, vessels 
not associated with the event shall maintain a separation of at least 
100 yards from the participants.

                        Table 1 to Sec.   165.151
------------------------------------------------------------------------
 
------------------------------------------------------------------------
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