Special Local Regulations and Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone, 41300-41304 [2013-16522]
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Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations
33 CFR Parts 100 and 165
events. Entry into, transit through,
mooring or anchoring within these
zones is prohibited unless authorized by
COTP Sector Long Island Sound.
DATES: This rule is effective from July
10, 2013 to September 1, 2013. Certain
provisions of this rule address events
and dates which have already passed.
Those regulations were enforced with
actual notice on the event dates. Other
provisions of this rule will be enforced
during the specific dates and times
listed in § 100.35T01–0447 and Tables 1
and 2 of § 165.T01–0447.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0447]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 Scott Baumgartner,
Prevention Department, Coast Guard
Sector Long Island Sound, (203) 468–
4559, Scott.A.Baumgartner@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
[Docket Number USCG–2013–0447]
Table of Acronyms
RIN 1625–AA08; 1625–AA00
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
unless authorized by the Captain of the
Port Detroit, or his designated on-scene
representative.
(2) These regulated areas are closed to
all vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his designated on-scene
representative.
(3) The ‘‘designated on-scene
representative’’ of the Captain of the
Port is any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port to
act on his behalf. The designated onscene representative of the Captain of
the Port will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Captain of the Port or his
designated on scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the Captain of the Port
Detroit or his designated on-scene
representative to obtain permission.
(5) Vessel operators given permission
to enter or operate in the regulated area
must comply with all directions given to
them by the Captain of the Port or his
designated on-scene representative.
Dated: June 20, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2013–16519 Filed 7–9–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Special Local Regulations and Safety
Zones; Marine Events in Captain of the
Port Long Island Sound Zone
A. Regulatory History and Information
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing one special local regulation
for a regatta and four safety zones for
two fireworks displays and two swim
events within the Captain of the Port
(COTP) Long Island Sound (LIS) Zone.
This action is necessary to provide for
the safety of life on navigable waters
during these events. The special local
regulation and safety zones will
facilitate public notification of the event
and provide protective measures for the
maritime public and event participants
from the hazards associated with these
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SUMMARY:
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The Coast Guard is issuing this
temporary 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 Coast
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Guard was not provided enough notice
by the sponsoring organizations and
these temporary regulations will help
promote the safety of event participants
and the maritime public. More specific
details for each event are listed below.
The Connecticut River Raft Race is a
recurring marine event that has
previously gone through the public
comment process and is currently listed
as a permanent marine event in the
Code of Federal Regulations. For this
year’s event, the start and finish points
of the race have been relocated to spots
within the same general vicinity of
Middletown, CT, but with improved
access to the Connecticut River creating
safer entry and exit conditions for event
participants and support personnel.
Recently, the Coast Guard received
information on the new positions in the
marine event application submitted on
April 4, 2013, and learned from event
Race Committee President, Dan
Pritchard, that the race has previously
utilized these newly requested access
points for the past four years. The
application of April 4, 2013 was not
received 135 days in advance of the
event and therefore has resulted in late
notice to the Coast Guard. However,
requiring a move to the original
positions does not promote the safety of
the event participants and crews.
Further, no comments have been
received by U.S. Coast Guard Sector
Long Island Sound regarding the change
of the events start and finish points.
The Coast Guard received information
about the Riverhead Rocks Triathlon
from the event sponsor, Event Power, on
May 2, 2013. Event Power held the
Riverhead Rocks Triathlon during the
previous year but did not submit a
marine event application for the event
and was not aware of the requirement
for submitting a request for a new event
135 days in advance, resulting in late
notification to the Coast Guard. Event
Power is unable to reschedule the event
as the triathlon is being held in
conjunction with additional
prescheduled activities occurring the
same weekend, and because of the
difficulty of rescheduling the early
morning start of the swim event with
the desired high tide cycle. While the
event impacts a navigable channel, there
is little commercial traffic along the
affected section of the Peconic River and
the swim event is expected to last
approximately one hour.
The Coast Guard received a marine
event application for the Go 4th Saltaire
Bay Fireworks Display on April 19,
2013. This is a new event and the event
sponsor, Go 4th Committee, was not
aware of the requirement for submitting
a request for a new event 135 days in
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advance. Therefore, Go 4th Committee’s
event application of April 19, 2013 has
resulted in late notification to the Coast
Guard. The Event Sponsor is unable to
reschedule the event because of its
association with Independence Day
celebrations.
In addition to the Go 4th Committee’s
fireworks display application, the Coast
Guard has also received a marine event
application for the Village of Saltaire
Fireworks Display on April 25, 2013.
The event is schedule to take place on
August 3, 2013. This is a new event and
the event sponsor, Village of Saltaire,
was not aware of the requirement for
submitting a request for a new event 135
days in advance. As a result the
application of April 25, 2013 has
resulted in late notification to the Coast
Guard. Additionally, as a result of the
event being funded through a
combination of public and private
funds, which have been appropriated
with the specific intent of holding the
event on August 3, 2013, the Village of
Saltaire is unable to reschedule the
event.
The Coast Guard received information
about the Smith Point Triathlon from
the event sponsor, Event Power, on May
2, 2013. The triathlon has been held in
late August and in the same location
each year for past six years. Event Power
did not submit a marine event
application for any previous
occurrences and was not aware of the
requirement for submitting a request for
a new event 135 days in advance,
resulting in late notification to the Coast
Guard. Event Power is unwilling and
unable to reschedule the event because
of its previous history and present
advertising of the event occurring in late
August and in its current location.
Further, rescheduling for a later date
would move the event into the fall and
put event participants, support
personnel, and other waterway users at
greater risk due to lower water
temperatures. The event does not
impact a navigable channel and the
swim event is expected to last
approximately one hour.
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. The earliest event identified in
this rule is scheduled to begin on June
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30, 2013. This rule is unlikely to be
published before that date and any
delay in the effective period could
increase the risk for event participants
and other waterway users.
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; Pub. L. 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 the Temporary Final
Rule
This temporary rule modifies one
special local regulation for a regatta and
establishes safety zones for two swim
events and two fireworks displays.
Regattas
1
Connecticut River Raft Race ..
• Location: All waters of the Connecticut River Middletown, CT between Gildersleeve Island (Marker no. 99)
41°36′02.13″ N 072°37′22.71″ W and Portland Riverside Marina (Marker no. 88) 41°33′38.30″ N
072°37′36.53″ W (NAD 83).
Fireworks Displays
2
Go 4th Saltaire Bay Fireworks
3
Village of Saltaire Fireworks ...
• Location: Barge in Saltaire Bay near Saltaire, NY in approximate position 40°38′37.72″ N, 073°11′58.52″
W (NAD 83).
• Location: Barge in Saltaire Bay near Saltaire, NY in approximate position 40°38′37.72″ N, 073°11′58.52″
W (NAD 83).
Swim Events
Riverhead Rocks Triathlon .....
5
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4
Smith Point Triathlon ..............
• Location: All waters of the Peconic River, Riverhead, NY between the area bounded to the west by a line
connecting points at 40°54′58.09″ N 072°39′37.56″ W on the northern bank and 40°54′56.74″ N
072°39′37.56″ W on the southern bank and bounded to the east by a line connecting points at
40°55′01.92″ N 072°38′51.08″ W on the northern bank and 40°54′59.15″ N 072°38′51.08″ W on the
southern bank (NAD 83). All positions are approximate.
• Location: Waters of Narrow Bay, Shirley, NY near Smith Point Park within the area bounded by land along
its southern edge and points in position 40°44′14.28″ N 072°51′40.68″ W northerly through position
40°44′20.83″ N 072°51′40.68″ W, then easterly through position 40°44′20.83″ N 072°51′19.73″ W, then
southerly through position 40°44′14.85″ N 072°51′19.73″ W (NAD 83). All positions are approximate.
The Connecticut River Raft Race
involves many participants operating
human-powered and/or sail-powered
vessels of their own design and
construction along a stretch of the
Connecticut River near Middletown, CT.
Due to the hazards facing these
participants, including the unknown
and/or untested seaworthiness of their
vessels and potential limitations to
vessel navigation and/or
maneuverability, a regulated area is
needed to protect participants,
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spectators and other waterway users.
The Riverhead Rocks Triathlon and
Smith Point Triathlon each incorporate
swim legs that will place many
swimmers in navigable waters. A
regulated area is required to minimize
the hazards posed by spectators and
other waterway users operating their
vessels in close proximity to the event
participants. The safety zones
established for these swim events will
minimize risk from boat traffic to the
participants and improve visibility and
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maneuverability for the safety vessels
supporting these events. The fireworks
displays listed above are expected to
attract large numbers of spectator
vessels that will congregate around the
location of these events. Regulated
areas, specifically safety zones, are
established for each of these fireworks
displays and are needed to protect both
spectators and participants from the
safety hazards created by them,
including unexpected pyrotechnics
detonation and burning debris.
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This rule prevents vessels from
entering, transiting, mooring or
anchoring within areas specifically
designated as regulated areas during the
periods of enforcement unless
authorized by the COTP or designated
representative.
The Coast Guard has determined that
these regulated areas will not have a
significant impact on vessel traffic due
to their temporary nature, limited size,
and the fact that vessels are allowed to
transit the navigable waters outside of
the regulated areas. The COTP will
cause public notifications to be made by
all appropriate means including but not
limited to the Local Notice to Mariners
and Broadcast Notice to Mariners.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
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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
rule is not a significant regulatory action
for the following reasons: The regulated
areas will be of limited duration and
cover only a small portion of the
navigable waterways. Furthermore,
vessels may transit the navigable
waterways outside of the regulated
areas. Vessels requiring entry into the
regulated areas may be authorized to do
so by the COTP or designated
representative.
Advanced public notifications will
also be made to the local maritime
community by the Local Notice to
Mariners as well as Broadcast Notice to
Mariners.
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 term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
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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.
The temporary safety zones will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: The regulated
areas will be of limited size and of short
duration, and vessels that can safely do
so may navigate in all other portions of
the waterways except for the areas
designated as regulated areas.
Additionally, notifications will be made
before the effective period by all
appropriate means, including but not
limited to 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
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
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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.
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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 paragraphs 34(g) and (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 record keeping
requirements, Security measures, and
Waterways.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 100 and 165 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T01–0447 to read as
follows:
■
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§ 100.35T01–0447 Special Local
Regulation; Connecticut River Raft Race;
Connecticut River; Middletown, CT.
(a) Regulated Area. The following is
designated as a special local regulation
area. All waters of the Connecticut River
near Middletown, CT between
Gildersleeve Island (Marker no. 99)
41°36′02.13″ N 072°37′22.71″ W and
Portland Riverside Marina (Marker no.
88) 41°33′38.30″ N 072°37′36.53″ W
(NAD 83).
(b) Enforcement Period. These special
local regulations will be enforced on
July 27, 2013 from 9:30 a.m. to 2:30 p.m.
(c) Definitions—(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.
(d) Special Local Regulations. (1)
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.
(2) 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.
(3) 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.
(4) 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
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41303
result in expulsion from the area,
citation for failure to comply, or both.
(5) 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.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 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;
Pub. L. 107–295, 116 Stat. 2064; and
Department of Homeland Security Delegation
No. 0170.1
2. Add § 165.T01–0447 to read as
follows:
■
§ 165.T01–0447 Safety Zones; Fireworks
Displays and Swim Events in Captain of the
Port Long Island Sound Zone.
(a) Regulations. The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the events listed in the
TABLES 1 and 2 of § 165.T01–0447.
These regulations will be enforced for
the duration of each event.
(b) Enforcement Period. This rule will
be enforced from on the dates and times
listed for each event in TABLES 1 and
2 of § 165.T01–0447. If the event is
delayed by inclement weather, the
regulations will be enforced on the rain
date indicated in TABLES 1 and 2 of
§ 165.T01–0447.
(c) 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.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(d) Spectators desiring to enter or
operate within the regulated areas
should contact the COTP or the
designated representative via VHF
channel 16 or by telephone at (203)
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468–4401 to obtain permission to do so.
Spectators given permission to enter or
operate in the regulated area must
comply with all directions given to
them by the COTP Sector Long Island
Sound or the designated on-scene
representative.
(e) Upon being hailed by an official
patrol 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 regulated area for all fireworks
displays listed in the TABLE 1 of
§ 165.T01–0447 is that area of navigable
waters within a 600 foot radius of the
launch platform for each fireworks
display. Fireworks barges used in these
locations will also have a sign on their
port and starboard side labeled
‘‘FIREWORKS—STAY AWAY.’’ This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background.
(g) For all swim events listed in
TABLE 2 to § 165.T01–447, vessels not
associated with the event shall maintain
a separation of at least 100 yards from
the participants.
TABLE 1 TO § 165.T01–0447
Fireworks Display Events
1
Go 4th Saltaire Bay Fireworks ......................
• Date: July 4, 2013 from 9 p.m. until 10:30 p.m.
• Rain Date: July 5, 2013 from 9 p.m. until 10:30 p.m.
• Location: Waters of the Saltaire Bay off Saltaire, NY in approximate position 40°38′37.72″
N, 073°11′58.52″ W (NAD 83).
2
Village of Saltaire Fireworks .........................
•
•
•
•
Date: August 3, 2013 from 9 p.m. until 10:30 p.m.
Rain Date: August 31, 2013 from 9 p.m. until 10:30 p.m.
Rain Date: September 1, 2013 from 9 p.m. until 10:30 p.m.
Location: Waters of the Saltaire Bay off Saltaire, NY in approximate position 40°38′37.72″
N, 073°11′58.52″ W (NAD 83).
TABLE 2 TO § 165.T01–0447
Swim Events
1
Riverhead Rocks Triathlon ............................
• Date: June 30, 2013 from 6:45 a.m. until 8 a.m.
• Location: All waters of the Peconic River, Riverhead, NY between the area bounded to the
west by a line connecting points at 40°54′58.09″ N 072°39′37.56″ W on the northern bank
and 40°54′56.74″ N 072°39′37.56″ W on the southern bank and bounded to the east by a
line connecting points at 40°55′01.92″ N 072°38′51.08″ W on the northern bank and
40°54′59.15″ N 072°38′51.08″ W on the southern bank (NAD 83). All positions are approximate.
2
Smith Point Triathlon .....................................
• Date: August 4, 2013 from 6:15 a.m. until 9:30 a.m.
• Location: Waters of Narrow Bay, Shirley, NY near Smith Point Park within the area bounded
by land along its southern edge and points in position 40°44′14.28″ N 072°51′40.68″ W
northerly through position 40°44′20.83″ N 072°51′40.68″ W, then easterly through position
40°44′20.83″ N 072°51′19.73″ W, then southerly through position 40°44′14.85″ N
072°51′19.73″ W (NAD 83). All positions are approximate.
Dated: June 27, 2013.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[Docket No. USCG–2013–0397]
The Coast Guard published a
final rule in the Federal Register on July
1, 2013, making non-substantive
corrections throughout Title 33 of the
Code of Federal Regulations. In fixing a
non-substantive typographical error,
that document inadvertently replaced
two words. This rule corrects that action
and reverts the inadvertently replaced
language to its original wording.
DATES: Effective on July 10, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Paul Crissy, Coast Guard; telephone
202–372–1093, email
Paul.H.Crissy@uscg.mil.
RIN 1625–AC06
SUPPLEMENTARY INFORMATION:
Navigation and Navigable Waters;
Technical, Organizational, and
Conforming Amendments; Correction
1. Viewing Documents Associated With
This Rule
To view the original notice and its
accompanying document, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
SUMMARY:
[FR Doc. 2013–16522 Filed 7–9–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
TKELLEY on DSK3SPTVN1PROD with RULES
33 CFR Part 105
Coast Guard, DHS.
ACTION: Final rule; correction.
AGENCY:
VerDate Mar<15>2010
17:22 Jul 09, 2013
Jkt 229001
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
‘‘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.
B. Background
On July 1, 2013, the Coast Guard
published its annual technical
amendment to make non-substantive
changes to Title 33 of the Code of
Federal Regulations (78 FR 39163). This
rule coincided with the annual
recodification of Title 33 that occurs on
July 1, 2013.
C. Need for Correction
The Coast Guard published a
document in the Federal Register for
E:\FR\FM\10JYR1.SGM
10JYR1
Agencies
[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Pages 41300-41304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16522]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2013-0447]
RIN 1625-AA08; 1625-AA00
Special Local Regulations and Safety Zones; Marine Events in
Captain of the Port Long Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing one special local regulation
for a regatta and four safety zones for two fireworks displays and two
swim events within the Captain of the Port (COTP) Long Island Sound
(LIS) Zone. This action is necessary to provide for the safety of life
on navigable waters during these events. The special local regulation
and safety zones will facilitate public notification of the event and
provide protective measures for the maritime public and event
participants from the hazards associated with these events. Entry into,
transit through, mooring or anchoring within these zones is prohibited
unless authorized by COTP Sector Long Island Sound.
DATES: This rule is effective from July 10, 2013 to September 1, 2013.
Certain provisions of this rule address events and dates which have
already passed. Those regulations were enforced with actual notice on
the event dates. Other provisions of this rule will be enforced during
the specific dates and times listed in Sec. 100.35T01-0447 and Tables
1 and 2 of Sec. 165.T01-0447.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0447]. To view documents mentioned in this preamble as being
available in the docket, go to https://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 Scott Baumgartner, Prevention Department,
Coast Guard Sector Long Island Sound, (203) 468-4559,
Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary 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 Coast Guard was not provided enough
notice by the sponsoring organizations and these temporary regulations
will help promote the safety of event participants and the maritime
public. More specific details for each event are listed below.
The Connecticut River Raft Race is a recurring marine event that
has previously gone through the public comment process and is currently
listed as a permanent marine event in the Code of Federal Regulations.
For this year's event, the start and finish points of the race have
been relocated to spots within the same general vicinity of Middletown,
CT, but with improved access to the Connecticut River creating safer
entry and exit conditions for event participants and support personnel.
Recently, the Coast Guard received information on the new positions in
the marine event application submitted on April 4, 2013, and learned
from event Race Committee President, Dan Pritchard, that the race has
previously utilized these newly requested access points for the past
four years. The application of April 4, 2013 was not received 135 days
in advance of the event and therefore has resulted in late notice to
the Coast Guard. However, requiring a move to the original positions
does not promote the safety of the event participants and crews.
Further, no comments have been received by U.S. Coast Guard Sector Long
Island Sound regarding the change of the events start and finish
points.
The Coast Guard received information about the Riverhead Rocks
Triathlon from the event sponsor, Event Power, on May 2, 2013. Event
Power held the Riverhead Rocks Triathlon during the previous year but
did not submit a marine event application for the event and was not
aware of the requirement for submitting a request for a new event 135
days in advance, resulting in late notification to the Coast Guard.
Event Power is unable to reschedule the event as the triathlon is being
held in conjunction with additional prescheduled activities occurring
the same weekend, and because of the difficulty of rescheduling the
early morning start of the swim event with the desired high tide cycle.
While the event impacts a navigable channel, there is little commercial
traffic along the affected section of the Peconic River and the swim
event is expected to last approximately one hour.
The Coast Guard received a marine event application for the Go 4th
Saltaire Bay Fireworks Display on April 19, 2013. This is a new event
and the event sponsor, Go 4th Committee, was not aware of the
requirement for submitting a request for a new event 135 days in
[[Page 41301]]
advance. Therefore, Go 4th Committee's event application of April 19,
2013 has resulted in late notification to the Coast Guard. The Event
Sponsor is unable to reschedule the event because of its association
with Independence Day celebrations.
In addition to the Go 4th Committee's fireworks display
application, the Coast Guard has also received a marine event
application for the Village of Saltaire Fireworks Display on April 25,
2013. The event is schedule to take place on August 3, 2013. This is a
new event and the event sponsor, Village of Saltaire, was not aware of
the requirement for submitting a request for a new event 135 days in
advance. As a result the application of April 25, 2013 has resulted in
late notification to the Coast Guard. Additionally, as a result of the
event being funded through a combination of public and private funds,
which have been appropriated with the specific intent of holding the
event on August 3, 2013, the Village of Saltaire is unable to
reschedule the event.
The Coast Guard received information about the Smith Point
Triathlon from the event sponsor, Event Power, on May 2, 2013. The
triathlon has been held in late August and in the same location each
year for past six years. Event Power did not submit a marine event
application for any previous occurrences and was not aware of the
requirement for submitting a request for a new event 135 days in
advance, resulting in late notification to the Coast Guard. Event Power
is unwilling and unable to reschedule the event because of its previous
history and present advertising of the event occurring in late August
and in its current location. Further, rescheduling for a later date
would move the event into the fall and put event participants, support
personnel, and other waterway users at greater risk due to lower water
temperatures. The event does not impact a navigable channel and the
swim event is expected to last approximately one hour.
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. The earliest event identified in
this rule is scheduled to begin on June 30, 2013. This rule is unlikely
to be published before that date and any delay in the effective period
could increase the risk for event participants and other waterway
users.
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; Pub. L. 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 the Temporary Final Rule
This temporary rule modifies one special local regulation for a
regatta and establishes safety zones for two swim events and two
fireworks displays.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Regattas
----------------------------------------------------------------------------------------------------------------
1 Connecticut River Raft Race............... Location: All waters of the Connecticut River Middletown,
CT between Gildersleeve Island (Marker no. 99) 41[deg]36'02.13''
N 072[deg]37'22.71'' W and Portland Riverside Marina (Marker no.
88) 41[deg]33'38.30'' N 072[deg]37'36.53'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
Fireworks Displays
----------------------------------------------------------------------------------------------------------------
2 Go 4th Saltaire Bay Fireworks............. Location: Barge in Saltaire Bay near Saltaire, NY in
approximate position 40[deg]38'37.72'' N, 073[deg]11'58.52'' W
(NAD 83).
3 Village of Saltaire Fireworks............. Location: Barge in Saltaire Bay near Saltaire, NY in
approximate position 40[deg]38'37.72'' N, 073[deg]11'58.52'' W
(NAD 83).
----------------------------------------------------------------------------------------------------------------
Swim Events
----------------------------------------------------------------------------------------------------------------
4 Riverhead Rocks Triathlon................. Location: All waters of the Peconic River, Riverhead, NY
between the area bounded to the west by a line connecting points
at 40[deg]54'58.09'' N 072[deg]39'37.56'' W on the northern bank
and 40[deg]54'56.74'' N 072[deg]39'37.56'' W on the southern bank
and bounded to the east by a line connecting points at
40[deg]55'01.92'' N 072[deg]38'51.08'' W on the northern bank and
40[deg]54'59.15'' N 072[deg]38'51.08'' W on the southern bank
(NAD 83). All positions are approximate.
5 Smith Point Triathlon..................... Location: Waters of Narrow Bay, Shirley, NY near Smith
Point Park within the area bounded by land along its southern
edge and points in position 40[deg]44'14.28'' N
072[deg]51'40.68'' W northerly through position 40[deg]44'20.83''
N 072[deg]51'40.68'' W, then easterly through position
40[deg]44'20.83'' N 072[deg]51'19.73'' W, then southerly through
position 40[deg]44'14.85'' N 072[deg]51'19.73'' W (NAD 83). All
positions are approximate.
----------------------------------------------------------------------------------------------------------------
The Connecticut River Raft Race involves many participants
operating human-powered and/or sail-powered vessels of their own design
and construction along a stretch of the Connecticut River near
Middletown, CT. Due to the hazards facing these participants, including
the unknown and/or untested seaworthiness of their vessels and
potential limitations to vessel navigation and/or maneuverability, a
regulated area is needed to protect participants, spectators and other
waterway users. The Riverhead Rocks Triathlon and Smith Point Triathlon
each incorporate swim legs that will place many swimmers in navigable
waters. A regulated area is required to minimize the hazards posed by
spectators and other waterway users operating their vessels in close
proximity to the event participants. The safety zones established for
these swim events will minimize risk from boat traffic to the
participants and improve visibility and maneuverability for the safety
vessels supporting these events. The fireworks displays listed above
are expected to attract large numbers of spectator vessels that will
congregate around the location of these events. Regulated areas,
specifically safety zones, are established for each of these fireworks
displays and are needed to protect both spectators and participants
from the safety hazards created by them, including unexpected
pyrotechnics detonation and burning debris.
[[Page 41302]]
This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the COTP or
designated representative.
The Coast Guard has determined that these regulated areas will not
have a significant impact on vessel traffic due to their temporary
nature, limited size, and the fact that vessels are allowed to transit
the navigable waters outside of the regulated areas. The COTP will
cause public notifications to be made by all appropriate means
including but not limited to the Local Notice to Mariners and Broadcast
Notice to Mariners.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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 rule is not a significant
regulatory action for the following reasons: The regulated areas will
be of limited duration and cover only a small portion of the navigable
waterways. Furthermore, vessels may transit the navigable waterways
outside of the regulated areas. Vessels requiring entry into the
regulated areas may be authorized to do so by the COTP or designated
representative.
Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.
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 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.
The temporary safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The regulated areas will be of limited size and of short
duration, and vessels that can safely do so may navigate in all other
portions of the waterways except for the areas designated as regulated
areas. Additionally, notifications will be made before the effective
period by all appropriate means, including but not limited to 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 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.
[[Page 41303]]
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 paragraphs 34(g) and (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 record
keeping 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. 100.35T01-0447 to read as follows:
Sec. 100.35T01-0447 Special Local Regulation; Connecticut River Raft
Race; Connecticut River; Middletown, CT.
(a) Regulated Area. The following is designated as a special local
regulation area. All waters of the Connecticut River near Middletown,
CT between Gildersleeve Island (Marker no. 99) 41[deg]36'02.13'' N
072[deg]37'22.71'' W and Portland Riverside Marina (Marker no. 88)
41[deg]33'38.30'' N 072[deg]37'36.53'' W (NAD 83).
(b) Enforcement Period. These special local regulations will be
enforced on July 27, 2013 from 9:30 a.m. to 2:30 p.m.
(c) Definitions--(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.
(d) Special Local Regulations. (1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 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;
Pub. L. 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.T01-0447 to read as follows:
Sec. 165.T01-0447 Safety Zones; Fireworks Displays and Swim Events in
Captain of the Port Long Island Sound Zone.
(a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the events listed in the
TABLES 1 and 2 of Sec. 165.T01-0447. These regulations will be
enforced for the duration of each event.
(b) Enforcement Period. This rule will be enforced from on the
dates and times listed for each event in TABLES 1 and 2 of Sec.
165.T01-0447. If the event is delayed by inclement weather, the
regulations will be enforced on the rain date indicated in TABLES 1 and
2 of Sec. 165.T01-0447.
(c) 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.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(d) Spectators desiring to enter or operate within the regulated
areas should contact the COTP or the designated representative via VHF
channel 16 or by telephone at (203)
[[Page 41304]]
468-4401 to obtain permission to do so. Spectators given permission to
enter or operate in the regulated area must comply with all directions
given to them by the COTP Sector Long Island Sound or the designated
on-scene representative.
(e) Upon being hailed by an official patrol 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 regulated area for all fireworks displays listed in the
TABLE 1 of Sec. 165.T01-0447 is that area of navigable waters within a
600 foot radius of the launch platform for each fireworks display.
Fireworks barges used in these locations will also have a sign on their
port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This sign
will consist of 10 inch high by 1.5 inch wide red lettering on a white
background.
(g) For all swim events listed in TABLE 2 to Sec. 165.T01-447,
vessels not associated with the event shall maintain a separation of at
least 100 yards from the participants.
Table 1 to Sec. 165.T01-0447
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks Display Events
------------------------------------------------------------------------
1 Go 4th Saltaire Bay Date: July 4, 2013 from 9 p.m.
Fireworks. until 10:30 p.m.
Rain Date: July 5, 2013 from 9
p.m. until 10:30 p.m.
Location: Waters of the Saltaire
Bay off Saltaire, NY in approximate
position 40[deg]38'37.72'' N,
073[deg]11'58.52'' W (NAD 83).
------------------------------------------------------------------------
2 Village of Saltaire Date: August 3, 2013 from 9 p.m.
Fireworks. until 10:30 p.m.
Rain Date: August 31, 2013 from
9 p.m. until 10:30 p.m.
Rain Date: September 1, 2013
from 9 p.m. until 10:30 p.m.
Location: Waters of the Saltaire
Bay off Saltaire, NY in approximate
position 40[deg]38'37.72'' N,
073[deg]11'58.52'' W (NAD 83).
------------------------------------------------------------------------
Table 2 to Sec. 165.T01-0447
------------------------------------------------------------------------
------------------------------------------------------------------------
Swim Events
------------------------------------------------------------------------
1 Riverhead Rocks Triathlon.. Date: June 30, 2013 from 6:45
a.m. until 8 a.m.
Location: All waters of the
Peconic River, Riverhead, NY between the
area bounded to the west by a line
connecting points at 40[deg]54'58.09'' N
072[deg]39'37.56'' W on the northern
bank and 40[deg]54'56.74'' N
072[deg]39'37.56'' W on the southern
bank and bounded to the east by a line
connecting points at 40[deg]55'01.92'' N
072[deg]38'51.08'' W on the northern
bank and 40[deg]54'59.15'' N
072[deg]38'51.08'' W on the southern
bank (NAD 83). All positions are
approximate.
------------------------------------------------------------------------
2 Smith Point Triathlon...... Date: August 4, 2013 from 6:15
a.m. until 9:30 a.m.
Location: Waters of Narrow Bay,
Shirley, NY near Smith Point Park within
the area bounded by land along its
southern edge and points in position
40[deg]44'14.28'' N 072[deg]51'40.68'' W
northerly through position
40[deg]44'20.83'' N 072[deg]51'40.68''
W, then easterly through position
40[deg]44'20.83'' N 072[deg]51'19.73''
W, then southerly through position
40[deg]44'14.85'' N 072[deg]51'19.73'' W
(NAD 83). All positions are approximate.
------------------------------------------------------------------------
Dated: June 27, 2013.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2013-16522 Filed 7-9-13; 8:45 am]
BILLING CODE 9110-04-P