Special Local Regulations and Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone, 41300-41304 [2013-16522]

Download as PDF 41300 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 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 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 TKELLEY on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:22 Jul 09, 2013 Jkt 229001 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 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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 E:\FR\FM\10JYR1.SGM 10JYR1 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations 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 41301 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 TKELLEY on DSK3SPTVN1PROD with RULES 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, VerDate Mar<15>2010 17:22 Jul 09, 2013 Jkt 229001 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 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 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. E:\FR\FM\10JYR1.SGM 10JYR1 41302 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations 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. TKELLEY on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 17:22 Jul 09, 2013 Jkt 229001 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 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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. E:\FR\FM\10JYR1.SGM 10JYR1 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations 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. TKELLEY on DSK3SPTVN1PROD with RULES 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: ■ VerDate Mar<15>2010 17:22 Jul 09, 2013 Jkt 229001 § 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 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 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) E:\FR\FM\10JYR1.SGM 10JYR1 41304 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations 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 http:// 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]


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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.

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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 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 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