Special Local Regulation and Safety Zones; Marine Events in Captain of the Port Sector Long Island Sound Zone, 39633-39638 [2012-16296]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations hydroplane race times. This action is necessary to ensure public safety from the inherent dangers associated with high-speed races while allowing access for rescue personnel in the event of an emergency. During the enforcement period, no person or vessel will be allowed to enter the regulated area without the permission of the Captain of the Port, on-scene Patrol Commander or Designated Representative. DATES: The regulations in 33 CFR 100.1301 will be effective from 8 a.m. on August 2, 2012 through 11:59 p.m. on August 5, 2012. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Ensign Nathaniel P. Clinger, Sector Puget Sound Waterways Management Division, Coast Guard; telephone 206–217–6045, email SectorPugetSoundWWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulation for the annual Seattle Seafair Unlimited Hydroplane Race in 33 CFR 100.1301 from 8 a.m. on August 2, 2012 through 11:59 p.m. on August 5, 2012. Under the provisions of 33 CFR 100.1301, the Coast Guard will restrict general navigation in the following area: The waters of Lake Washington bounded by the Interstate 90 (Mercer Island/Lacey V. Murrow) Bridge, the western shore of Lake Washington, and the east/west line drawn tangent to Bailey Peninsula and along the shoreline of Mercer Island. The regulated area has been divided into two zones. The zones are separated by a line perpendicular from the I–90 Bridge to the northwest corner of the East log boom and a line extending from the southeast corner of the East log boom to the southeast corner of the hydroplane race course and then to the northerly tip of Ohlers Island in Andrews Bay. The western zone is designated Zone I, the eastern zone, Zone II. (Refer to NOAA Chart 18447). The Coast Guard will maintain a patrol consisting of Coast Guard vessels, assisted by Auxiliary Coast Guard vessels, in Zone II. The Coast Guard patrol of this area is under the direction of the Coast Guard Patrol Commander (the ‘‘Patrol Commander’’). The Patrol Commander is empowered to control the movement of vessels on the racecourse and in the adjoining waters during the periods this regulation is in effect. The Patrol Commander may be assisted by other federal, state and local law enforcement agencies. Only authorized vessels may be allowed to enter Zone I during the hours this regulation is in effect. Vessels in the vicinity of Zone I shall maneuver and VerDate Mar<15>2010 14:28 Jul 03, 2012 Jkt 226001 anchor as directed by Coast Guard Officers or Petty Officers. During the times in which the regulation is in effect, the following rules shall apply: (1) Swimming, wading, or otherwise entering the water in Zone I by any person is prohibited while hydroplane boats are on the racecourse. At other times in Zone I, any person entering the water from the shoreline shall remain west of the swim line, denoted by buoys, and any person entering the water from the log boom shall remain within ten (10) feet of the log boom. (2) Any person swimming or otherwise entering the water in Zone II shall remain within ten (10) feet of a vessel. (3) Rafting to a log boom will be limited to groups of three vessels. (4) Up to six (6) vessels may raft together in Zone II if none of the vessels are secured to a log boom. Only vessels authorized by the Patrol Commander, other law enforcement agencies or event sponsors shall be permitted to tow other watercraft or inflatable devices. (5) Vessels proceeding in either Zone I or Zone II during the hours this regulation is in effect shall do so only at speeds which will create minimum wake, seven (07) miles per hour or less. This maximum speed may be reduced at the discretion of the Patrol Commander. (6) Upon completion of the daily racing activities, all vessels leaving either Zone I or Zone II shall proceed at speeds of seven (07) miles per hour or less. The maximum speed may be reduced at the discretion of the Patrol Commander. (7) A succession of sharp, short signals by whistle or horn from vessels patrolling the areas under the direction of the Patrol Commander shall serve as signal to stop. Vessels signaled shall stop and shall comply with the orders of the patrol vessel; failure to do so may result in expulsion from the area, citation for failure to comply, or both. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 100.1301 and 5 U.S.C. 552(a). If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, he may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 39633 Dated: June 1, 2012. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. 2012–16399 Filed 7–3–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket Number USCG–2012–0111] RIN 1625–AA00; 1625–AA08 Special Local Regulation and Safety Zones; Marine Events in Captain of the Port Sector Long Island Sound Zone Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is establishing temporary special local regulations and safety zones for marine events on the navigable waters within the Captain of the Port (COTP) Sector Long Island Sound zone for regattas, fireworks displays and swim events. This action is necessary to provide for the safety of life on navigable waters during the events. Entering into, transiting through, remaining, anchoring or mooring within these regulated areas would be prohibited unless authorized by the COTP Sector Long Island Sound. DATES: This rule is effective from August 6, 2012 until November 11, 2012. This rule will be enforced during the specific dates and time listed in TABLE 1 and 2 to § 165.T01–0111. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2012–0111]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Joseph Graun, Prevention Department, Coast Guard Sector Long Island Sound, (203) 468– 4544, Joseph.L.Graun@uscg.mil. If you have questions on viewing or submitting SUMMARY: E:\FR\FM\05JYR1.SGM 05JYR1 39634 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking LIS Long Island Sound A. Regulatory History and Information On April 4, 2012 the Coast Guard published a notice of proposed rulemaking (NPRM) entitled Special Local Regulations and Safety Zones; Marine Events in Captain of the Port Sector Long Island Sound Zone, in the Federal Register (77 FR 20324). We received no comments on the NPRM. No requests for a public meeting were received and no public meetings were held. wreier-aviles on DSK5TPTVN1PROD with RULES B. Basis and Purpose The legal basis for this temporary rule is 33 U.S.C. 1226, 1231, 1233; 46 U.S.C. Chapters 454, 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; Department of Homeland Security Delegation No. 0170.1 which collectively authorize the Coast Guard to define regulatory special local regulations and safety zones. This temporary rule establishes special local regulations and safety zones in order to provide for the safety of life on navigable waterways during regattas, fireworks displays and swim events. C. Discussion of Comments, Changes and the Final Rule In the NPRM the Coast Guard stated the following events: Davis Park Fireworks, Charles W. Morgan Anniversary Fireworks and Waves of Hope Swim, had not chose a date and time for their events and we would announce them in the final rule. The dates for each of the events are as follows: The Davis Park Fireworks have been removed from the table because the sponsor has decided not to hold the event. Charles W. Morgan Anniversary Fireworks will be held on November 3, 2012 and Waves of Hope Swim will be held on August 13, 2012. The dates can also be found in TABLE 1 & 2 to § 165.T01–0111. The following events have been removed from this rulemaking and placed in a separate rulemaking under docket number (USCG–2012–0477) titled Safety Zones; Fireworks Displays in Captain of the Port Long Island Sound Zone. Salute to Veterans Devon Yacht Club Fireworks, Dolan Family VerDate Mar<15>2010 14:28 Jul 03, 2012 Jkt 226001 Fourth Fireworks, Islip Fireworks, Madison Fireworks, Stratford Fireworks, Rowayton Fireworks, Quarentello Wedding Fireworks and Niantic Bay Fireworks. These events have been moved because there was less than 30 days between publication of this rule and the start of each events. Moving these events to a separate rulemaking allows the Coast Guard to accommodate a 30 day window between this rule publication and first day of being effective. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The Coast Guard determined that this rulemaking is not a significant regulatory action for the following reasons: The regulated areas are of limited duration and cover only a small portion of the navigable waterways. Furthermore, vessels may transit the navigable waterways outside of the regulated areas. Persons or vessels requiring entry into the regulated areas may be authorized to do so by the COTP Sector Long Island Sound or designated representative. Advanced public notifications will also be made to the local maritime community through the Local Notice to Mariners as well as Broadcast Notice to Mariners. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The Coast Guard received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 entities: the owners or operators of vessels intending to enter, transit, anchor or moor within the regulated areas during the enforcement periods stated for each event listed below in the List of Subjects. These temporary special local regulations and safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: the regulated areas are 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, and vessels requiring entry into the regulated areas may be authorized to do so by the COTP Sector Long Island Sound or designated representative. Additionally, before the effective period, notifications will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct E:\FR\FM\05JYR1.SGM 05JYR1 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. 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. 8. 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. 9. 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. 10. 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. wreier-aviles on DSK5TPTVN1PROD with RULES 11. 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, VerDate Mar<15>2010 14:28 Jul 03, 2012 Jkt 226001 or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 determined that 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 involves the establishment of special local regulations and safety zones. This rule is categorically excluded from further review under paragraph 34(g)&(h), of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recording requirements, Waterways. 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 100 and 165 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ PO 00000 Authority: 33 U.S.C. 1233. Frm 00019 Fmt 4700 Sfmt 4700 39635 2. Add § 100.35T01–0111 to read as follows: ■ § 100.35T01–0111 Special Local Regulations; Regattas in the Coast Guard Sector Long Island Sound Captain of the Port Zone. (a) Regulations. The following regulations apply to the marine events listed in TABLE 1 to § 100.35T01–0111. These regulations will be enforced for the duration of each event, on 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. 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, 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 Sector Long Island Sound. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (c) Vessel operators desiring to enter or operate within the regulated areas shall contact the COTP Sector Long Island Sound at 203–468–4401 (Sector LIS command center) or the designated representative via VHF channel 16. (d) Vessels may not transit the regulated areas without the COTP Sector Long Island Sound 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. (e) 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 Sector Long Island Sound or designated representative. (f) The COTP Sector Long Island Sound or designated representative may E:\FR\FM\05JYR1.SGM 05JYR1 39636 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations 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. The COTP Sector Long Island Sound or designated representative may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property. (g) For all regattas listed, vessels not participating in the event, swimmers, and personal watercraft of any nature are prohibited from entering or moving within the regulated area unless authorized by the COTP Sector Long Island Sound 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 1 [to § 100.35T01–0111] 1 Hartford Dragon Boat Regatta .............................................................. 2 Kayak for a Cause Regatta ................................................................... PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 3. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 454, 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; Department of Homeland Security Delegation No. 0170.1. 4. Add § 165.T01–0111 to read as follows: ■ wreier-aviles on DSK5TPTVN1PROD with RULES § 165.T01–0111 Safety Zones; Fireworks Displays and Swim Events in Captain of the Port Long Island Sound Zone (a) Regulations. The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the fireworks displays, air shows, and swim events listed in TABLE 1 and TABLE 2 of § 165.T01– 0111. 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. Mariners should consult their Local VerDate Mar<15>2010 14:28 Jul 03, 2012 Jkt 226001 • Dates: August 18 and 19, 2012. • Time 8 a.m. until 4:30 p.m. each day. • Regulated area: All waters of the Connecticut River in Hartford, CT between the Bulkeley Bridge 41°46′10.10″ N, 072°39′56.13″ W and the Wilbur Cross Bridge 41°45′11.67″ N, 072°39′13.64″ W North American Datum 1983 (NAD 83). • Date: July 21, 2012. • Time: 8 a.m. until 3 p.m. • Regulated area: All water of Long Island Sound within a nine mile long and half mile wide rectangle shaped regatta course connecting Norwich, CT and Crab Meadow, NY. The regulated area beginning in Norwich CT east of Shady Beach at 41°5′32.24″ N, 073°23′11.18″ W then heads south crossing Long Island Sound to a point east of Crab Meadow Beach, Crab Meadow, NY at 40°55′37.21″ N, 073°19′2.14″ W then turns west connecting to a point west of Crab Meadow Beach at 40°55′48.3″ N, 073°19′51.88″ W, then turns north crossing Long Island Sound to the western boundary of Calf Pasture Beach Norwich, CT at 41°4′57.54″ N, 073°23′53.21″ W then turns east back to its starting point at 41°5′32.24″ N, 073°23′11.18″ W North American Datum 1983 (NAD 83). • Additional stipulations: (1) Spectators must maintain a minimum distance of 100 yards from each event participant and support vessel. (2) Vessels that maintain the minimum required distance from event participants and support vessels may transit through the regatta course. 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/. (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, 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 Sector Long Island Sound. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 (c) Vessel operators desiring to enter or operate within the regulated areas should contact the COTP Sector Long Island Sound 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 Sector Long Island Sound 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 Sector Long Island Sound 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. E:\FR\FM\05JYR1.SGM 05JYR1 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations (g) The regulated area for all fireworks displays listed in TABLE 1 to § 165.T01–0111 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.T01–0111 or modified in USCG First District Local Notice to Mariners at: http:// www.navcen.uscg.gov/. (h) Fireworks barges used in these locations will also have a sign on their port and starboard side labeled ‘‘FIREWORKS—STAY AWAY’’. This sign will consist of 10 inch high by 1.5 inch wide red lettering on a white background. Shore sites used in these locations will display a sign labeled ‘‘FIREWORKS—STAY AWAY’’ with the same dimensions. These zones will be enforced from 8:30 p.m. to 10:30 p.m. each day a barge with a ‘‘FIREWORKS— STAY AWAY’’ sign on the port and starboard side is on-scene or a 39637 ‘‘FIREWORKS—STAY AWAY’’ sign is posted in a location listed in TABLE 1 to § 165.T01–0111. (i) Enforcement period. (1) Each fireworks display will be enforced from 8:30 p.m. until 10 p.m. on the respective dates listed in Table 1 of § 165.T01–0111. (2) Each swim event will be enforced during the date and time listed in Table 2 of § 165.T01–0111. TABLE 1 [To § 165.T01–0111] 8 August 8.1 Shelter Island Yacht Club Fireworks .................................................. 8.2 Stamford Fireworks ............................................................................ • Date: August 11, 2012. • Rain date: August 12, 2012. • Location: Waters of Dering Harbor north of Shelter Island Yacht Club in Shelter Island, NY in approximate position 41°05′23.47″ N, 072°21′11.18″ W (NAD 83). • Date: August 30, 2012. • Rain date: August 31, 2012. • Location: Waters of Stamford Harbor, off Kosciuszco Park in Stamford, CT in approximate position 41°1′48.46″ N, 073°32′15.32″ W (NAD 83). 11 November 1 Charles W. Morgan Anniversary Fireworks .......................................... • Date: November 3, 2012. • Rain date: November 10, 2012. • Location: Waters of the Mystic River, north of the Mystic Seaport Light, Mystic, CT in approximate position 41°21′56.455″ N, 071°57′58.32″ W (NAD 83). TABLE 2 [To § 165.T01–0111 July & August] 1 Waves of Hope Swim ............................................................................ wreier-aviles on DSK5TPTVN1PROD with RULES 2 Stonewall Swim ..................................................................................... VerDate Mar<15>2010 14:28 Jul 03, 2012 Jkt 226001 PO 00000 Frm 00021 Fmt 4700 • Date: August 13, 2012. • Time: 8 a.m. until 10 a.m. Location: All waters of the Great South Bay off Amityville, NY shoreward of a line created by connecting the following points. Beginning at 40°39′22.38″ N, 073°25′31.63″ W then to 40°39′2.18″ N, 073°25′31.63″ W then to 40°39′2.18″ N, 073°24′03.81″ W, ending at 40°39′18.27″ N, 073°24′03.81″ W North American Datum 1983 (NAD 83). • Date: August 4, 2012. • Time: 8:30 a.m. until 12:30 p.m. Location: All navigable waters of the Great South Bay within a three miles long and half mile wide box connecting Snedecor Avenue in Bayport, NY to Porgie Walk in Fire Island, NY. Formed by connecting the following points. Beginning at 40°43′40.24″ N, 073°03′41.5″ W then to 40°43′40″ N, 073°03′13.4″ W, then to 40°40′4.13″ N, 073°03′43.81″ W then to 40°40′8.3″ N, 073°03′17.7″ W and ending at the beginning point 40°43′40.24″ N, 073°03′41.5″ W (NAD 83). Sfmt 9990 E:\FR\FM\05JYR1.SGM 05JYR1 39638 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations Dated: June 7, 2012. J.M. Vojvodich, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. A. Regulatory History and Information [FR Doc. 2012–16296 Filed 7–3–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–0568] RIN 1625–AA00 Safety Zone; Barbara Harder Wedding Fireworks, Lake Erie, Lake View, NY Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone on Lake Erie, Lake View, NY. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Barbara Harder Wedding Fireworks. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with a fireworks display. DATES: This rule will be effective from 9 p.m. until 11 p.m. on July 7, 2012. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2012–0568]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box, and click ‘‘Search.’’ You may visit the Docket Management Facility, Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or email LT Christopher Mercurio, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716–843–9343, email SectorBuffaloMarineSafety@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: wreier-aviles on DSK5TPTVN1PROD with RULES SUMMARY: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking VerDate Mar<15>2010 14:28 Jul 03, 2012 Jkt 226001 The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect spectators and vessels from the hazards associated with a maritime fireworks display, which are discussed further below. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, waiting for 30 day notice period run would be impracticable and contrary to the public interest. B. Basis and Purpose Between 9:30 p.m. and 10:30 p.m. on July 7, 2012, a fireworks display will be held on Lake Erie near Lake View, NY. The Captain of the Port Buffalo has determined that fireworks launched proximate to a gathering of watercraft pose a significant risk to public safety and property. Such hazards include premature and accidental detonations, dangerous projectiles, and falling or burning debris. C. Discussion of Rule With the aforementioned hazards in mind, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of spectators and vessels during the Barbara Harder Wedding Fireworks. This zone will be effective and enforced from 9 p.m. until 11 p.m. on July 7, 2012. This zone will encompass all waters of Lake Erie, Lake View, NY within a 560 foot radius of position PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 42°43′17.8″ N and 78°57′54.2″ W (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. D. 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. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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. E:\FR\FM\05JYR1.SGM 05JYR1

Agencies

[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Pages 39633-39638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16296]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2012-0111]
RIN 1625-AA00; 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

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

DATES: This rule is effective from August 6, 2012 until November 11, 
2012.
    This rule will be enforced during the specific dates and time 
listed in TABLE 1 and 2 to Sec.  165.T01-0111.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0111]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Joseph Graun, Prevention Department, Coast 
Guard Sector Long Island Sound, (203) 468-4544, 
Joseph.L.Graun@uscg.mil. If you have questions on viewing or submitting

[[Page 39634]]

material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
LIS Long Island Sound

A. Regulatory History and Information

    On April 4, 2012 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Special Local Regulations and Safety Zones; 
Marine Events in Captain of the Port Sector Long Island Sound Zone, in 
the Federal Register (77 FR 20324).
    We received no comments on the NPRM. No requests for a public 
meeting were received and no public meetings were held.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1226, 1231, 
1233; 46 U.S.C. Chapters 454, 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; Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define regulatory special 
local regulations and safety zones.
    This temporary rule establishes special local regulations and 
safety zones in order to provide for the safety of life on navigable 
waterways during regattas, fireworks displays and swim events.

C. Discussion of Comments, Changes and the Final Rule

    In the NPRM the Coast Guard stated the following events: Davis Park 
Fireworks, Charles W. Morgan Anniversary Fireworks and Waves of Hope 
Swim, had not chose a date and time for their events and we would 
announce them in the final rule. The dates for each of the events are 
as follows: The Davis Park Fireworks have been removed from the table 
because the sponsor has decided not to hold the event. Charles W. 
Morgan Anniversary Fireworks will be held on November 3, 2012 and Waves 
of Hope Swim will be held on August 13, 2012. The dates can also be 
found in TABLE 1 & 2 to Sec.  165.T01-0111.
    The following events have been removed from this rulemaking and 
placed in a separate rulemaking under docket number (USCG-2012-0477) 
titled Safety Zones; Fireworks Displays in Captain of the Port Long 
Island Sound Zone. Salute to Veterans Devon Yacht Club Fireworks, Dolan 
Family Fourth Fireworks, Islip Fireworks, Madison Fireworks, Stratford 
Fireworks, Rowayton Fireworks, Quarentello Wedding Fireworks and 
Niantic Bay Fireworks. These events have been moved because there was 
less than 30 days between publication of this rule and the start of 
each events. Moving these events to a separate rulemaking allows the 
Coast Guard to accommodate a 30 day window between this rule 
publication and first day of being effective.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a 
significant regulatory action for the following reasons: The regulated 
areas are of limited duration and cover only a small portion of the 
navigable waterways. Furthermore, vessels may transit the navigable 
waterways outside of the regulated areas. Persons or vessels requiring 
entry into the regulated areas may be authorized to do so by the COTP 
Sector Long Island Sound or designated representative.
    Advanced public notifications will also be made to the local 
maritime community through the Local Notice to Mariners as well as 
Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to enter, transit, anchor or moor within the regulated areas 
during the enforcement periods stated for each event listed below in 
the List of Subjects.
    These temporary special local regulations and safety zones will not 
have a significant economic impact on a substantial number of small 
entities for the following reasons: the regulated areas are 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, and vessels requiring entry into the regulated 
areas may be authorized to do so by the COTP Sector Long Island Sound 
or designated representative. Additionally, before the effective 
period, notifications will be made to the local maritime community 
through the Local Notice to Mariners and Broadcast Notice to Mariners 
well in advance of the events.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct

[[Page 39635]]

effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. We have 
analyzed this rule under that Order and determined that this rule does 
not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that 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 involves the establishment of special local 
regulations and safety zones. This rule is categorically excluded from 
further review under paragraph 34(g)&(h), of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T01-0111 to read as follows:


Sec.  100.35T01-0111  Special Local Regulations; Regattas in the Coast 
Guard Sector Long Island Sound Captain of the Port Zone.

    (a) Regulations. The following regulations apply to the marine 
events listed in TABLE 1 to Sec.  100.35T01-0111. These regulations 
will be enforced for the duration of each event, on 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. 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, 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 Sector Long Island Sound.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Vessel operators desiring to enter or operate within the 
regulated areas shall contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) or the designated representative 
via VHF channel 16.
    (d) Vessels may not transit the regulated areas without the COTP 
Sector Long Island Sound 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.
    (e) 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 Sector Long Island Sound or designated 
representative.
    (f) The COTP Sector Long Island Sound or designated representative 
may

[[Page 39636]]

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. The COTP Sector Long Island 
Sound or designated representative may delay or terminate any marine 
event in this subpart at any time it is deemed necessary to ensure the 
safety of life or property.
    (g) For all regattas listed, vessels not participating in the 
event, swimmers, and personal watercraft of any nature are prohibited 
from entering or moving within the regulated area unless authorized by 
the COTP Sector Long Island Sound 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 1
                       [to Sec.   100.35T01-0111]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 Hartford Dragon Boat Regatta.........   Dates: August 18 and
                                          19, 2012.
                                          Time 8 a.m. until 4:30
                                          p.m. each day.
                                          Regulated area: All
                                          waters of the Connecticut
                                          River in Hartford, CT between
                                          the Bulkeley Bridge
                                          41[deg]46'10.10'' N,
                                          072[deg]39'56.13'' W and the
                                          Wilbur Cross Bridge
                                          41[deg]45'11.67'' N,
                                          072[deg]39'13.64'' W North
                                          American Datum 1983 (NAD 83).
2 Kayak for a Cause Regatta............   Date: July 21, 2012.
                                          Time: 8 a.m. until 3
                                          p.m.
                                          Regulated area: All
                                          water of Long Island Sound
                                          within a nine mile long and
                                          half mile wide rectangle
                                          shaped regatta course
                                          connecting Norwich, CT and
                                          Crab Meadow, NY. The regulated
                                          area beginning in Norwich CT
                                          east of Shady Beach at
                                          41[deg]5'32.24'' N,
                                          073[deg]23'11.18'' W then
                                          heads south crossing Long
                                          Island Sound to a point east
                                          of Crab Meadow Beach, Crab
                                          Meadow, NY at
                                          40[deg]55'37.21'' N,
                                          073[deg]19'2.14'' W then turns
                                          west connecting to a point
                                          west of Crab Meadow Beach at
                                          40[deg]55'48.3'' N,
                                          073[deg]19'51.88'' W, then
                                          turns north crossing Long
                                          Island Sound to the western
                                          boundary of Calf Pasture Beach
                                          Norwich, CT at
                                          41[deg]4'57.54'' N,
                                          073[deg]23'53.21'' W then
                                          turns east back to its
                                          starting point at
                                          41[deg]5'32.24'' N,
                                          073[deg]23'11.18'' W North
                                          American Datum 1983 (NAD 83).
                                          Additional
                                          stipulations: (1) Spectators
                                          must maintain a minimum
                                          distance of 100 yards from
                                          each event participant and
                                          support vessel. (2) Vessels
                                          that maintain the minimum
                                          required distance from event
                                          participants and support
                                          vessels may transit through
                                          the regatta course.
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 454, 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; Department of Homeland 
Security Delegation No. 0170.1.


0
4. Add Sec.  165.T01-0111 to read as follows:


Sec.  165.T01-0111  Safety Zones; Fireworks Displays and Swim Events in 
Captain of the Port Long Island Sound Zone

    (a) Regulations. The general regulations contained in 33 CFR 165.23 
as well as the following regulations apply to the fireworks displays, 
air shows, and swim events listed in TABLE 1 and TABLE 2 of Sec.  
165.T01-0111. 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. Mariners 
should consult 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/.
    (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, 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 Sector Long Island Sound.
    (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 Sector Long Island Sound 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 Sector Long Island Sound 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 Sector Long Island Sound 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.

[[Page 39637]]

    (g) The regulated area for all fireworks displays listed in TABLE 1 
to Sec.  165.T01-0111 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.T01-0111 or 
modified in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/.
    (h) Fireworks barges used in these locations will also have a sign 
on their port and starboard side labeled ``FIREWORKS--STAY AWAY''. This 
sign will consist of 10 inch high by 1.5 inch wide red lettering on a 
white background. Shore sites used in these locations will display a 
sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions. These 
zones will be enforced from 8:30 p.m. to 10:30 p.m. each day a barge 
with a ``FIREWORKS--STAY AWAY'' sign on the port and starboard side is 
on-scene or a ``FIREWORKS--STAY AWAY'' sign is posted in a location 
listed in TABLE 1 to Sec.  165.T01-0111.
    (i) Enforcement period.
    (1) Each fireworks display will be enforced from 8:30 p.m. until 10 
p.m. on the respective dates listed in Table 1 of Sec.  165.T01-0111.
    (2) Each swim event will be enforced during the date and time 
listed in Table 2 of Sec.  165.T01-0111.

                                 Table 1
                        [To Sec.   165.T01-0111]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
8                                                     August
------------------------------------------------------------------------
8.1 Shelter Island Yacht Club Fireworks   Date: August 11, 2012.
                                          Rain date: August 12,
                                          2012.
                                          Location: Waters of
                                          Dering Harbor north of Shelter
                                          Island Yacht Club in Shelter
                                          Island, NY in approximate
                                          position 41[deg]05'23.47'' N,
                                          072[deg]21'11.18'' W (NAD 83).
8.2 Stamford Fireworks.................   Date: August 30, 2012.
                                          Rain date: August 31,
                                          2012.
                                          Location: Waters of
                                          Stamford Harbor, off
                                          Kosciuszco Park in Stamford,
                                          CT in approximate position
                                          41[deg]1'48.46'' N,
                                          073[deg]32'15.32'' W (NAD 83).
------------------------------------------------------------------------
11                                                   November
------------------------------------------------------------------------
1 Charles W. Morgan Anniversary           Date: November 3,
 Fireworks.                               2012.
                                          Rain date: November
                                          10, 2012.
                                          Location: Waters of
                                          the Mystic River, north of the
                                          Mystic Seaport Light, Mystic,
                                          CT in approximate position
                                          41[deg]21'56.455'' N,
                                          071[deg]57'58.32'' W (NAD 83).
------------------------------------------------------------------------


                                 Table 2
                 [To Sec.   165.T01-0111 July & August]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 Waves of Hope Swim...................   Date: August 13, 2012.
                                          Time: 8 a.m. until 10
                                          a.m.
                                         Location: All waters of the
                                          Great South Bay off
                                          Amityville, NY shoreward of a
                                          line created by connecting the
                                          following points. Beginning at
                                          40[deg]39'22.38'' N,
                                          073[deg]25'31.63'' W then to
                                          40[deg]39'2.18'' N,
                                          073[deg]25'31.63'' W then to
                                          40[deg]39'2.18'' N,
                                          073[deg]24'03.81'' W, ending
                                          at 40[deg]39'18.27'' N,
                                          073[deg]24'03.81'' W North
                                          American Datum 1983 (NAD 83).
2 Stonewall Swim.......................   Date: August 4, 2012.
                                          Time: 8:30 a.m. until
                                          12:30 p.m.
                                         Location: All navigable waters
                                          of the Great South Bay within
                                          a three miles long and half
                                          mile wide box connecting
                                          Snedecor Avenue in Bayport, NY
                                          to Porgie Walk in Fire Island,
                                          NY. Formed by connecting the
                                          following points. Beginning at
                                          40[deg]43'40.24'' N,
                                          073[deg]03'41.5'' W then to
                                          40[deg]43'40'' N,
                                          073[deg]03'13.4'' W, then to
                                          40[deg]40'4.13'' N,
                                          073[deg]03'43.81'' W then to
                                          40[deg]40'8.3'' N,
                                          073[deg]03'17.7'' W and ending
                                          at the beginning point
                                          40[deg]43'40.24'' N,
                                          073[deg]03'41.5'' W (NAD 83).
------------------------------------------------------------------------



[[Page 39638]]

    Dated: June 7, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2012-16296 Filed 7-3-12; 8:45 am]
BILLING CODE 9110-04-P