Special Local Regulations and Safety Zones; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone, 28176-28184 [2015-11930]
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Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations
The Coast Guard will enforce
a Special Local Regulation for the
‘‘REV3 Triathlon’’ on the Tennessee
River mile 646.0 to 649.0 from 7:00 a.m.
until 9:30 a.m. on May 17, 2015. This
action is necessary for the safeguard of
participants and spectators, including
all crews, vessels, and persons on
navigable waters during the ‘‘REV3
Triathlon.’’ During the enforcement
period, entry into, transiting or
anchoring in the Regulated Area is
prohibited to all vessels not registered
with the sponsor as participants or
official patrol vessels, unless
specifically authorized by the Captain of
the Port (COTP) Ohio Valley or his
designated representative.
SUMMARY:
The regulations in 33 CFR
100.801, Table 1 Sector Ohio Valley, No.
4 will be enforced from 7:00 a.m. until
9:30 a.m. on May 17, 2015.
DATES:
If
you have questions on this notice of
enforcement, call Petty Officer Chad
Phillips, Coast Guard Marine Safety
Detachment Nashville at 615–736–5421,
or Chad.e.phillips@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the Special Local
Regulation for the annual ‘‘REV3
Triathlon’’ listed in 33 CFR 100.801
Table 1, Sector Ohio Valley, No. 4 on
May 17, 2015 from 7:00 a.m. until 9:30
a.m.
Under the provisions of 33 CFR
100.801, entry into the regulated area
listed in Table 1, Sector Ohio Valley,
No. 4 is prohibited unless authorized by
the Captain of the Port or his designated
representative. Persons or vessels
desiring to enter into or pass through
the Special Local Regulation area must
request permission from the Captain of
the Port or his designated
representative. If permission is granted,
all persons and vessels shall comply
with the instructions of the Captain of
the Port or his designated
representative.
This notice is issued under authority
of 5 U.S.C. 552(a), and 33 U.S.C. 1233.
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Local Notice to Mariners and Marine
Information Broadcasts.
If the Captain of the Port Ohio Valley
or his Patrol Commander determines
that the Special Local Regulation need
not be enforced for the full duration
stated in this notice of enforcement, he
or she may use a Broadcast Notice to
Mariners to grant permission to enter
the regulated area.
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SUPPLEMENTARY INFORMATION:
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Dated: April 22, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2015–11929 Filed 5–15–15; 8:45 am]
BILLING CODE 9110–04–P
Island Sound, telephone (203) 468–
4565, email Ian.M.Fallon@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
Table of Acronyms
Coast Guard
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
33 CFR Parts 100 and 165
[Docket Number USCG–2015–0125]
RIN 1625–AA08 and 1625–AA00
Special Local Regulations and Safety
Zones; Marine Events Held in the
Sector Long Island Sound Captain of
the Port Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing eight special local
regulations for eight separate marine
events and establishing six safety zones
for fireworks displays within the Coast
Guard Sector Long Island Sound (LIS)
Captain of the Port (COTP) Zone. This
temporary final rule is necessary to
provide for the safety of life on
navigable waters during these events.
Entry into, transit through, mooring or
anchoring within these regulated areas
and safety zones is prohibited unless
authorized by COTP Sector Long Island
Sound.
DATES: This rule is effective without
actual notice from 12:01 a.m. on May
18, 2015 until 5:30 p.m. on September
20, 2015. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed, April
22, 2015, until May 18, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0125]. 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, contact
Petty Officer Ian Fallon, Prevention
Department, Coast Guard Sector Long
SUMMARY:
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A. Regulatory History and Information
This rulemaking establishes eight
special local regulations for four
regattas, two swim events, one fireworks
display and one air show and six safety
zones for six fireworks displays. Each
event and its corresponding regulatory
history is discussed below.
Special Local Regulations:
Aquapalooza (regatta): A special local
regulation was established in 2014 for
the Aquapalooza event when the Coast
Guard issued a temporary rule entitled,
‘‘Special Local Regulations and Safety
Zones; Marine Events in Captain of the
Port Long Island Sound Zone’’. This
rule was published on August 12, 2014
in the Federal Register (79 FR 46997).
Great Peconic Race (regatta): A special
local regulation was established in 2014
for the Great Peconic Race event when
the Coast Guard issued a temporary rule
entitled, ‘‘Special Local Regulation and
Safety Zone; Marine Events in Captain
of the Port Long Island Sound Zone’’.
This rule was published on August 29,
2014 in the Federal Register (79 FR
51479).
Kayak for Camp (regatta): Is a
recurring marine event with no
regulatory history.
Connecticut River Raft Race (regatta):
A special local regulation was
established in 2014 for the Connecticut
River Raft Race event when the Coast
Guard issued temporary rule entitles,
‘‘Special Local Regulations and Safety
Zones; Marine Events in Captain of the
Port Long Island Zone’’. This rule was
published on August 12, 2014 in the
Federal Register (79 FR 46997).
Fran Schnarr Open Water
Championship (Swim): Is a recurring
marine event with regulatory history.
This event was previously named
Huntington Bay Open Water
Championships Swim (78 FR 31402,
May 24, 2013) and the event is being
held in a different location this year.
Riverhead Rocks Triathlon (swim): A
special local regulation was established
in 2014 for the Riverhead Rocks
Triathlon event when the Coast Guard
issued a temporary rule entitled, ‘‘Safety
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Zones; Marine Events in Captain of the
Port Long Island Sound Zone’’. This
rule was published on August 18, 2014
in the Federal Register (79 FR 48685).
Jones Beach State Park (fireworks): Is
a reoccurring marine event with
regulatory history. This event is in Table
1 to 33 CFR 165.151 (7.19). We will be
using a Special Local Regulation this
year for this event due to a
determination that a safety zone will be
insufficient to mitigate the event’s extra
and unusual hazards.
Jones Beach (Air Show): A special
local regulation was established in 2014
for the Jones Beach Air Show event
when the Coast Guard issued a final rule
entitled, ‘‘Special Local Regulation;
Jones Beach Air Show; Atlantic Ocean,
Sloop Channel Through East Bay, and
Zach’s Bay; Wantagh, NY’’. This rule
was published on May 21, 2014 in the
Federal Register (79 FR 29088).
Safety Zones:
Village of Saltaire (fireworks): A
special local regulation was established
in 2014 for the Village of Saltaire event
when the Coast Guard issued a
temporary rule entitled, ‘‘Safety Zones;
Marine Events in Captain of the Port
Long Island Sound Zone’’. This
rulemaking was published on August
18, 2014 in the Federal Register (79 FR
48685).
USCG Academy Fireworks
Entertainment (fireworks): Is a first time
marine event with no regulatory history.
Boys and Girls Club—Beach Ball 2015
(fireworks): Is a first time marine event
with no regulatory history.
Marine at American Wharf
(fireworks): Is a first time event with no
regulatory history.
Cherry Grove Pride Week (fireworks):
Is a first time marine event with no
regulatory history.
Riverfest (Fireworks): Is a reoccurring
marine event with regulatory history.
This event is in Table 1 to
§ 165.151(7.23). This event is in this
temporary rule due to deviation from
the date and position listed in the
§ 165.151 regulation.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
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so would be impracticable and
unnecessary. The Coast Guard did not
receive the information about the events
early enough to publish a Notice of
Proposed Rulemaking before the
scheduled event dates. In addition,
publishing an NPRM is unnecessary for
this rule because most of these events
are familiar to the community as
recurring annual community events.
Thus, waiting for a comment period to
run would inhibit the Coast Guard’s
ability to fulfill its mission to keep the
ports and waterways safe.
Under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding
paragraph, the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
B. Basis and Purpose
The legal basis for this temporary rule
is 33 U.S.C. 1231, 1233; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6 and
160.5; Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish regulatory special local
regulations and safety zones.
As discussed in the Regulatory
History and Information section, four
regattas, seven fireworks displays, two
swim events, and one air show will take
place in the Coast Guard Sector LIS
COTP Zone between April 25, 2015 and
September 20, 2015. The COTP Long
Island Sound has determined that the
eight special local regulations and the
six safety zones established by this
temporary final rule are necessary to
provide for the safety of life on
navigable waterways during those
events.
Aquapalooza is a boating event open
to the Public that attracts many people
and boats into Zach’s Bay near Jones
Beach State Park in Wantagh, NY. The
event sponsor expects to have 500
participants. As such, a large number of
boats will be operating in close
proximity to each other and to
swimmers in a nearby designated swim
area. Many of these vessels will be
operating at dangerous speeds given the
congested conditions during the event
and at the conclusion of the vent when
a large number of vessels will be
departing Zach’s Bay within a relatively
short period of time. These conditions
are especially hazardous for any vessels
attempting to navigate in the
southbound direction, against the flow
of the main vessel traffic at the
conclusion of the event. The Coast
Guard determined that a special local
regulation that restricts vessel speed and
the flow of vessel traffic will improve
the safety of waterway users.
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Kayak for Camp is a kayak and
paddleboard event that starts at Harbor
View Beach, Norwalk, CT to Green’s
Ledge Light, Norwalk, CT and back to
Harbor View Beach, Norwalk, CT. There
are two courses in this event; the first
course is broken into two different races
with distances of 2 miles and 8 miles
and the second course is 4 miles long.
One safety boat will be present behind
the race participants for assistance.
Great Peconic Race is a kayak, surf ski
and paddleboard event that starts and
ends at Wades Beach on Shelter Island.
The race course circumnavigates Shelter
Island with a total distance of 19 miles.
On the south shore, two event safety
vessels will be present with a member
of the South Ferry Company Inc. staff
with a red flag to stop and then wave
paddlers on for safe crossing. One safety
boat will be present on the north shore
to assist paddlers as well.
Riverhead Rocks Triathlon will be
held in Riverhead, NY, with the
swimming portion in the Peconic River.
The swim course will be along the
shoreline of the river, with life guards
and safety boats present to assist the
race participants.
Fran Schnarr Open Water
Championship Swim is an open water
swim event that will be held in
Huntington Harbor, Huntington Bay,
NY. The race course will be along the
north shore of Huntington Bay, NY.
Jones Beach State Park fireworks
display attracts thousands of spectators
to Jones Beach State Park as well as a
significant number of spectator vessels
to the waters around Jones Beach State
Park. The operation of numerous
spectator vessels in such close
proximity to each other presents
additional hazards to the maritime
public. The COTP Sector Long Island
Sound has determined that these
hazards pose a danger to the maritime
public. This special local regulation will
temporarily regulate three areas around
the Jones Beach State Park fireworks
display, including portions of the
Atlantic Ocean, the navigable waters
between Meadowbrook State Parkway
and the Wantagh State Parkway, and
Zach’s Bay. The three areas will be
defined as ‘‘No Entry Area,’’ ‘‘Slow/No
Wake Area,’’ and ‘‘No Southbound
Traffic Area.’’
Jones Beach Air Show attracts
thousands of spectators to Jones Beach
State Park as well as a significant
number of spectator vessels to the
waters around Jones Beach State Park.
The operation of numerous spectator
vessels in such close proximity to each
other presents additional hazards to the
maritime public beyond those
associated with the aerial activities. The
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COTP Sector Long Island Sound has
determined that these hazards pose a
danger to the maritime public. This
special local regulation will temporary
regulate three areas around the Jones
Beach Air Show, including portions of
the Atlantic Ocean, the navigable waters
between Meadowbrook State Parkway
and the Wantagh State Parkway, and
Zach’s Bay. The three areas will be
defined as ‘‘No Entry Area,’’ ‘‘Slow/No
Wake Area,’’ and ‘‘No Southbound
Traffic Area.’’
The geographic locations of these
regulated areas and the specific
requirements of this rule are contained
in the regulatory text. This regulation
prevents vessels from entering,
transiting, remaining, or anchoring
within the area designated as a ‘‘No
Entry Area’’ during the periods of
enforcement, unless authorized by the
COTP or designated representative. This
regulation also partially restricts
movement within the ‘‘Slow/No Wake
Area’’ and the ‘‘No Southbound Traffic
Area’’ unless authorized by the COTP or
designated representative.
Connecticut River Raft Race involves
many participants operating humanpowered 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, the
Coast Guard determined that a special
local regulation that restricts vessel
speed and operation is needed to protect
participants, spectators and other
waterway users during the event.
USCG Academy Fireworks
Entertainment display will be held on
the Thames River in New London, CT.
Boys and Girls Club—Beach Ball 2015
fireworks display will be held on
Bellport Bay, Bellport, NY.
Marina at American Wharf fireworks
display will be held on the Thames
River, Norwich, CT.
Cherry Grove Pride Week fireworks
display will be held on Great South Bay,
Cherry Grove, NY.
Village of Saltaire fireworks display
will be held on Great South Bay, Bay
Shore, NY.
Riverfest Fireworks display will be
held on the Connecticut River, Hartford,
CT.
C. Discussion of the Temporary Final
Rule
This rule establishes eight special
local regulations for four regattas, two
swim events, one fireworks display, and
one air show and six safety zones for six
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fireworks displays. The locations of
these special regulated areas and safety
zones are described in the regulatory
text.
The fireworks displays will launch
pyrotechnics from either a barge or a
landsite near a waterway. A regulated
area, specifically a safety zone, is
required for each of these fireworks
displays to protect both spectators and
participants from the safety hazards
created by the burning debris.
The special local regulation
established for Aquapalooza includes
two measures to reduce the risks to
waterways users of Zach’s Bay before,
during, and after the event. The first
measure restricts vessel movement
within the regulated area to no wake
speed or 6 knots, whichever is slower
on July 26, 2015 from 11:30 a.m. to 8
p.m. The second measure restricts all
vessel movement within the regulated
area to the outbound or northbound
direction on July 26, 2015 from 3 p.m.
to 5:30 p.m.
Kayak for Camp is a rowing regatta
that will take place in Norwalk Harbor
near Norwalk, CT. This special local
regulation proposes two temporary
regulated areas to restrict vessel
movement within the regulated areas of
Norwalk Harbor to no wake speeds or 6
knots, whichever is slower.
Great Peconic Race regulated area
would encompass all navigable waters
of the United States of the Peconic
River, Shelter Island, NY, inside two
areas. This special local regulation
proposes two temporary regulated areas
in which event non-participants must
travel at a no-wake speed and remain
vigilant at all times for event
participants. Additionally, recreational
vessels must yield right-of-way for event
participants and event safety craft, and
follow directions given by event
representatives during the event.
Commercial vessels will have right-ofway over event participants and event
safety craft.
Riverhead Rocks Triathlon
incorporates swim legs that will place
many swimmers in the navigable waters
of the Peconic River. 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
special local regulation established for
this swim event will minimize the risks
to the event participants from this type
of boat traffic and improve visibility and
maneuverability for the safety vessels
supporting the swim event.
Fran Schnarr Open Water
Championship Swim will place many
swimmers in the navigable waters of
Huntington Harbor. A regulated area is
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required to minimize the hazards posed
by spectators and other waterway users
operating their vessels in close
proximity to the event participants. The
special local regulation established for
this swim event will minimize the risks
to the event participants from this type
of boat traffic and improve visibility and
maneuverability for the safety vessels
supporting the swim event.
Jones Beach State Park fireworks
display attracts thousands of spectator
craft every year to Jones Beach State
Park. Three regulated areas will be set
to address the safety concerns with high
vessel traffic. A ‘‘No Entry Area’’ will be
set around the fireworks barge to ensure
spectators maintain a safe distance from
the barge. A ‘‘Slow/No Wake Area’’ will
be set in the navigable waters between
Meadow Brook State Parkway and
Wantagh State Parkway. All vessels in
the area will operate at ‘‘No Wake’’
speed or up to 6 knots, whichever is
slower. A ‘‘No Southbound Traffic
Area’’ will be set in all waters of Zach’s
Bay. No southbound vessel traffic will
be allowed into or within this area.
Jones Beach Air Show involves
numerous aircraft performing various
aerial maneuvers which present
multiple hazards, including those
associated with in-flight accidents. This
event attracts thousands of spectators
and spectator craft which pose their
own hazards. Three regulated areas will
be set to address the safety concerns. A
‘‘Slow/No Wake Area’’ will be set in the
navigable waters between Meadow
Brook State Parkway and Wantagh State
Parkway. All vessels in the area will
operate at ‘‘No Wake’’ speed or up to 6
knots, whichever is slower. A ‘‘No
Southbound Traffic Area’’ will be set in
all waters of Zach’s Bay. No southbound
vessel traffic will be allowed into or
within this area.
The special local regulation
established for the Connecticut River
Raft Race restricts vessel movement
within the regulated area of the
Connecticut River to no wake speed or
6 knots, whichever is slower, and also
stipulates that vessels must not anchor,
block, loiter, or impede the transit of
event participants or official patrol
vessels in the regulated areas unless
authorized by COTP or designated
representatives.
This rule prevents vessels from
entering, transiting, mooring, or
anchoring within areas specifically
designated as safety zones and
establishes additional vessel movement
rules within areas specifically under the
jurisdiction of the special local
regulations during the periods of
enforcement unless authorized by the
COTP or designated representative.
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Public notifications will be made to
the local maritime community prior to
each event through 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
rulemaking is not a significant
regulatory action for the following
reasons: The enforcement of these
regulated areas and safety zones will be
relatively short in duration. Also,
persons or vessels desiring entry into a
regulated area or a deviance from the
stipulations within a regulated area may
be authorized to do so by the COTP
Sector Long Island Sound or designated
representative. Additionally, persons or
vessels desiring to enter a safety zone
may do so with permission from the
COTP Sector Long Island Sound or
designated representative. Furthermore,
these special local regulations and
safety zones are designed in a way to
limit impacts on vessel traffic,
permitting vessels to navigate in other
portions of the waterways not
designated as a regulated area or as a
safety zone. Finally, to increase public
awareness of these special local
regulations and safety zones, the Coast
Guard will notify the public of the
enforcement of this rule via appropriate
means, such as via Local Notice to
Mariners and 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.
This temporary final rule will affect
the following entities, some of which
may be small entities: The owners or
operators of vessels intending to enter,
transit, anchor, or moor within a
regulated area or a safety zone during
the periods of enforcement, from April
25, 2015 to September 20, 2015.
However, this temporary final rule will
not have a significant economic impact
on a substantial number of small entities
for the same reasons discussed in the
Regulatory Planning and Review
section.
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. 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.
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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 From
Environmental Health Risks
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of special local
regulations and safety zones. This rule
is categorically excluded from further
review under paragraph 34(g) 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 recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 100 and 165 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T01–0125 to read as
follows:
■
§ 100.35T01–0125 Special Local
Regulations; Marine Events in Captain of
the Port Long Island Sound Zone.
(a) Regulations. The general
regulations contained in 33 CFR 100.35
as well as the following regulations
apply to the marine events listed in
Table to § 100.35T01–0125.
(b) Enforcement periods. This section
will be enforced on the dates and times
listed for each event in Table to
§ 100.35T01–0125.
(c) Definitions. The following
definitions apply to this section:
Designated Representative. A
‘‘designated representative’’ is any
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. While
members of the Coast Guard Auxiliary
will not serve as the designated
representative, they may be present to
inform vessel operators of this
regulation.
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.
(d) Vessel operators desiring to enter
or operate within the regulated areas
shall contact the COTP at 203–468–4401
(Sector Long Island Sound command
center) or the designated representative
via VHF channel 16.
(e) Vessels may not transit the
regulated areas without the COTP or
designated representative approval.
Vessels permitted to transit must
operate at a no wake speed or 6 knots,
whichever is slower, and operate in a
manner which will not endanger event
participants or other crafts in the event.
(f) 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 must 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.
(g) The COTP or designated
representative may delay or terminate
any marine event in this section at any
time it is deemed necessary to ensure
the safety of life or property.
(h) The additional stipulations listed
in Table to § 100.35T01–0125 also apply
for the event in which they are listed.
TABLE TO § 100.35T01–0125
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Jones Beach Air Show .......................................................................
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• Date: May 21 through 24, 2015.
• Time: (1) The ‘‘No Entry Area’’ will be enforced each day from the
start of the air show until 30 minutes after it concludes.
(2) The ‘‘Slow/No Wake Area’’ and the ‘‘No Southbound Traffic
Area’’ will be enforced each day for 6 hours after the air show
concludes.
• Location: ‘‘No Entry Area’’: Waters of the Atlantic Ocean off Jones
Beach State Park, Wantagh, NY contained within the following described area; Beginning in approximate position 40°34′54″ N,
073°33′21″ W, then running east along the shoreline of Jones Beach
State Park to approximate position 40°35′53″ N, 073°28′48″ W; then
running south to a position in the Atlantic Ocean off of Jones Beach
at approximate position 40°35′05″ N, 073°28′34″ W; then running
West to approximate position 40°33′15″ N, 073°33′09″ W; then running North to the point of origin.
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TABLE TO § 100.35T01–0125—Continued
Jones Beach State Park Fireworks ....................................................
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Kayak For Camp .................................................................................
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‘‘Slow/No Wake Area’’: All navigable waters between
Meadowbrook State Parkway and Wantagh State Parkway and
contained within the following area. Beginning in approximate
position 40°35′49.01″ N 73°32′33.63″ W then north along the
Meadowbrook State Parkway to its intersection with Merrick
Road in approximate position 40°39′14.00″ N 73°34′00.76″ W
then east along Merrick Road to its intersection with Wantagh
State Parkway in approximate position 40°39′51.32″ N
73°30′43.36″ W then south along the Wantagh State Parkway to
its intersection with Ocean Parkway in approximate position
40°35′47.30″ N 73°30′29.17″ W then west along Ocean Parkway to its intersection with Meadowbrook State Parkway at the
point of origin in approximate position 40°35′49.01″ N
73°32′33.63″ W.
‘‘No Southbound Traffic Area’’: All navigable waters of Zach’s Bay
south of the line connecting a point near the western entrance to
Zach’s Bay in approximate position 40°36′29.20″ N,
073°29′22.88″ W and a point near the eastern entrance of
Zach’s Bay in approximate position 40°36′16.53″ N,
073°28′57.26″ W.
Date: July 4, 2015.
Rain Date: July 5, 2015.
Time: 9 p.m. to 10:25 p.m.
‘‘No Entry Area’’: All waters off of Jones Beach State Park, Wantagh,
NY within a 1000 foot radius of the launch platform in approximate
position 40°34′56.68″ N, 073°30′31.19″ W (NAD 83).]
‘‘Slow/No Wake Area’’: All navigable waters between
Meadowbrook State Parkway and Wantagh State Parkway and
contained within the following area. Beginning in approximate
position 40°35′49.01″ N 73°32′33.63″ W then north along the
Meadowbrook State Parkway to its intersection with Merrick
Road in approximate position 40°39′14.00″ N 73°34′00.76″ W
then east along Merrick Road to its intersection with Wantagh
State Parkway in approximate position 40°39′51.32″ N
73°30′43.36″ W then south along the Wantagh State Parkway to
its intersection with Ocean Parkway in approximate position
40°35′47.30″ N 73°30′29.17″ W then west along Ocean Parkway to its intersection with Meadowbrook State Parkway at the
point of origin in approximate position 40°35′49.01″ N
73°32′33.63″ W.
‘‘No Southbound Traffic Area’’: All navigable waters of Zach’s Bay
south of the line connecting a point near the western entrance to
Zach’s Bay in approximate position 40°36′29.20″ N,
073°29′22.88″ W and a point near the eastern entrance of
Zach’s Bay in approximate position 40°36′16.53″ N,
073°28′57.26″ W.
Date: July 11, 2015.
Time: 4:30 a.m. to 1:30 p.m.
Location: The regulated area includes all navigable waterways of
Norwalk Harbor, Norwalk, CT within 100 yards of the two regatta
courses.
Course one begins at a point on land near Harbor View Beach,
Norwalk, CT at position 41°05′00″; 073°23′55.80″ W and then
west to a point in Norwalk Harbor at position 41°04′56.44″ N;
073°24′07.80″ W and then south to point in Norwalk Harbor
near Green Buoy 15 at position 41°04′50.16″ N; 073°24′07.20″
W and then south to a point in Norwalk Harbor near Green Buoy
13 at position 41°04′40.86″ N; 073°24′90.00″ W and the south
west to a point in Norwalk Harbor near NRG Norwalk at position
41°04′12.24″ N; 073°24′30.00″ W and then south west to a point
in Long Island Sound near Tavern Island at position 41°03′
29.94″ N; 073°25′35.00″ W and then south west to a point in
Long Island Sound near green buoy 1A at position 41°02′
55.26″ N; 073°26′15.60″ W and then south west to a point in
Long Island Sound near Green’s Ledge Light at position
41°02′28.62″ N; 073°26′43.80″ W and then east to a point in
Long Island Sound near Green’s Ledge Light at position
41°02′26.88″ N; 073°26′35.40″ W and then north to a point in
Long Island Sound at position 41°02′55.26″ N; 073°26′ 15.60″
W and then north back to point of origin.
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TABLE TO § 100.35T01–0125—Continued
•
4
Fran Schnarr Open Water Championship ..........................................
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5
Connecticut River Raft Race ..............................................................
•
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•
6
Aquapalooza .......................................................................................
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•
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Riverhead Rocks Triathlon .................................................................
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Course two begins at a point on land near Harbor View Beach,
Norwalk, CT at position 41°05′00.00″; 073°23′55.80″ W and
then west to a point in Norwalk Harbor at position 41°04′56.44″
N; 073°24′07.80″ W and then south to point in Norwalk Harbor
near Green Buoy 15 at position 41°04′50.16″ N; 073°24′07.20″
W and then south to a point in Norwalk Harbor near Green Buoy
13 at position 41°04′40.86″ N; 073°24′90.00″ W and the south
west to a point in Norwalk Harbor near NRG Norwalk at position
41°04′12.24″ N; 073°24′30.00″ W and then west to a point in
Long Island Sound near Tavern Island at position 41°03′49.56″
N; 073°25′22.80″ W and the south to a point in Long Island
Sound near Tavern Island at position 41°03′35.46″ N;
073°25′27.00″ W and then south east to a point in Long Island
Sound near Tavern Island at position 41°03′32.76″ N;
073°25′19.20″ W and then north east to the point of origin (NAD
83).
Additional stipulations: Vessel speed in the regulated area is restricted to no wake speed or 6 knots, whichever is slower.
Date: July 12, 2015.
Time: 7:45 a.m. to 1 p.m.
Location: All waters of Northport Bay, Huntington, NY within the area
with the point of origin in Northport Bay at position 40°54′25.8″ N
073°24′28.8″ W and then east to a point in Northport Bay at position
40°54′31.2″ N 073°25′21.0″ W and then south east to a point in
Northport Harbor at position 40°54′45.0″ N 073°23′36.6″ W and then
east to the point of origin (NAD 83).
Date: July 25, 2015.
Time: 9:30 a.m. to 2:30 p.m.
Location: 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).
Additional Stipulations: Vessels must not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels
in the regulated areas unless authorized by COTP or designated
representative.
Event type: Regatta.
Date: July 26, 2015.
Time: 11:30 a.m. to 8:30 p.m.
Location: All navigable waters of Zach’s Bay south of the line connecting a point near the western entrance to Zach’s Bay in approximate position 40°36′29.20″ N, 073°29′22.88″ W and a point near the
eastern entrance of Zach’s Bay in approximate position 40°36′16.53″
N, 073°28′57.26″ W.
Additional stipulations: On July 26, 2015 from 11:30 a.m. to 8 p.m.
vessel speed in the regulated area is restricted to no wake speed or
6 knots, whichever is slower. On July 26, 2015 from 3 p.m. to 5:30
p.m. vessels may only transit the regulated area in the northbound
direction or outbound direction.
Date: August 9, 2015.
Time: 6:20 a.m. to 8:30 a.m.
Location: All waters of the Peconic River, Riverhead, NY within 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).
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TABLE TO § 100.35T01–0125—Continued
8
Great Peconic Races ..........................................................................
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
4. Add § 165.T01–0125 to read as
follows:
■
§ 165.T01–0125 Safety Zones; Fireworks
Displays 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 Table 1 to
§ 165.T01–0125.
(b) Enforcement period. This rule will
be enforced on the dates and times
listed for each event in Table 1 to
§ 165.T01–0125. If the event is delayed
by inclement weather, the safety zone
• Date: September 20, 2015.
• Time: 7:30 a.m. to 5:30 p.m.
• Location: The regulated area includes all U.S. navigable waters of
the Peconic River, Shelter Island, NY, of the Peconic River, Shelter
Island, NY, inside two areas. The first area bound by a line extending from a point on land at Beach Point at position 41°06′25.66″ N;
072°20′04.95″ W and then straight across the Peconic River to a
point on land near Cleaves Point at position 41°06′43.70″ N;
072°20′31.99″ W and then west along the shoreline to a point on
land near Brick Cove Marina at position 41°04′44.91″ N;
072°23′06.25″ W and then straight across the Peconic River to a
point on land near Jennings Point at position 41°04′20.46″ N;
072°22′57.60″ W and then east along the shoreline back to the point
of origin (NAD 83). The second area would be bound by a line starting at a point on land near West Neck Point at position 41°02′48.14″
N; 072°20′19.34″ W and then straight across the Peconic River to a
point on land near Gleason Point at position 41°02′04.91″ N;
072°19′54.47″ W and then east along the shoreline to a point on
land at position 41°01′07.56″ N; 072°17′53.34″ W and the straight
across the Peconic River to a point on land near Mashomack Point
at position 41°01′44.68″ N; 072°16′54.87″ W and then west along
the shoreline back to origin (NAD 83).
Additional stipulations: Vessel speed in the regulated area is restricted to no wake speed or 6 knots, whichever is slower. Recreational vessels transiting in the regulated area must yield rightof-way for event participant and event safety craft and must follow directions given by event representatives during the event.
Commercial vessel will have right-of-way over the event participants, and event safety craft.
will be enforced on the rain date
indicated in Table 1 to § 165.T01–0125.
(c) Definitions. The following
definitions apply to this section:
Designated Representative. A
‘‘designated representative’’ is any
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. While
members of the Coast Guard Auxiliary
will not serve as the designated
representative, they may be present to
inform vessel operators of this
regulation.
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.
(d) Vessels desiring to enter or operate
within a safety zone should contact the
COTP or the designated representative
via VHF channel 16 or by telephone at
(203) 468–4401 to obtain permission to
do so. Vessels given permission to enter
or operate in a safety zone 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) 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.
TABLE 1 TO § 165.T01–0125
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USCG Academy Fireworks Entertainment .........................................
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• Date: April 25, 2015.
• Time: 9:45 p.m. to 10:55 p.m.
• Location: All waters of the Thames River near New London, CT within 350 feet of the land launch site in approximate position
41°22′28.03″ N, 072°05′48.81″ W (NAD 83).
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TABLE 1 TO § 165.T01–0125—Continued
2
Boys and Girls Club—Beach Ball 2015 Fireworks .............................
•
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•
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3
Marina at America Wharf Fireworks ...................................................
•
•
•
•
4
Cherry Groves Pride Week Fireworks ................................................
•
•
•
•
5
Riverfest Fireworks .............................................................................
•
•
•
6
Village of Saltaire Fireworks ...............................................................
•
•
•
•
Dated: April 22, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2015–11930 Filed 5–15–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0271]
Drawbridge Operation Regulations;
New River, Fort Lauderdale, FL
Coast Guard, DHS.
Notice of temporary deviation
from regulations; request for comments.
AGENCY:
ACTION:
The Coast Guard is issuing a
temporary deviation from the operating
schedule that governs the Florida East
Coast Railway (FEC) Railroad Bridge
across the New River, mile 2.5, at Fort
Lauderdale, FL. This deviation will test
a change to the drawbridge operation
schedule to address the inability of the
bridge owner, FEC, to operate the bridge
under current regulations.
DATES: This deviation is effective from
6 a.m. on May 18, 2015 through 6 a.m.
on October 16, 2015.
Comments and related material must
be received by the Coast Guard on or
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SUMMARY:
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Date: June 20, 2015.
Rain Date: June 21, 2015.
Time: 8:45 p.m. to 9:45 p.m.
Location: All waters of Great South Bay near Bellport, NY within 600
feet of the fireworks barge located in approximate position
40°44′39.19″ N, 073°56′27.72″ W (NAD 83).
Date: June 20, 2015.
Rain Date: June 21, 2015.
Time: 9 p.m. to 11 p.m.
Location: All waters of Thames River near Norwich, CT within 400
feet of the fireworks barge located in approximate position
41°31′16.835″ N, 072°04′43.327″ W (NAD 83).
Date: June 20, 2015.
Rain Date: June 21, 2015.
Time: 8:50 p.m. to 9:50 p.m.
Location: All waters of Great South Bay near Fire Island, NY within
600 feet of the fireworks barge located in approximate position
40°39′49.06″ N, 073°05′27.99″ W (NAD 83).
Date: July 11, 2015.
Time: 8:30 p.m. to 10:30 p.m.
Location: All waters of Connecticut River near Hartford, CT within
500 feet of the fireworks barges located in approximate positions
41°45′41.94″ N, 072°39′50.74″ W and 41°54′38.30″ N,
072°39′48.19″ W (NAD 83).
Date: August 1, 2015.
Rain Date: September 5, 2015.
Time: 8 p.m. to 10 p.m.
Location: All waters of Saltaire Bay near Saltaire, NY within 600 feet
of the fireworks barge located in approximate position 40°38′38.60″
N, 073°12′05.06″ W (NAD 83).
before August 17, 2015. Requests for
public meetings must be received by the
Coast Guard on or before June 16, 2015.
ADDRESSES: You may submit comments
identified by docket number USCG–
2015–0271 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this test
deviation, call or email Robert Glassman
at telephone 305–415–6746, email
Robert.s.glassman@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
PO 00000
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2015–0271),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a phone number in the body of your
document so that we can contact you if
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Agencies
[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Rules and Regulations]
[Pages 28176-28184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11930]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2015-0125]
RIN 1625-AA08 and 1625-AA00
Special Local Regulations and Safety Zones; Marine Events Held in
the Sector Long Island Sound Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing eight special local
regulations for eight separate marine events and establishing six
safety zones for fireworks displays within the Coast Guard Sector Long
Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary
final rule is necessary to provide for the safety of life on navigable
waters during these events. Entry into, transit through, mooring or
anchoring within these regulated areas and safety zones is prohibited
unless authorized by COTP Sector Long Island Sound.
DATES: This rule is effective without actual notice from 12:01 a.m. on
May 18, 2015 until 5:30 p.m. on September 20, 2015. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, April 22, 2015, until May 18, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0125]. 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,
contact Petty Officer Ian Fallon, Prevention Department, Coast Guard
Sector Long Island Sound, telephone (203) 468-4565, email
Ian.M.Fallon@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, 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
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
This rulemaking establishes eight special local regulations for
four regattas, two swim events, one fireworks display and one air show
and six safety zones for six fireworks displays. Each event and its
corresponding regulatory history is discussed below.
Special Local Regulations:
Aquapalooza (regatta): A special local regulation was established
in 2014 for the Aquapalooza event when the Coast Guard issued a
temporary rule entitled, ``Special Local Regulations and Safety Zones;
Marine Events in Captain of the Port Long Island Sound Zone''. This
rule was published on August 12, 2014 in the Federal Register (79 FR
46997).
Great Peconic Race (regatta): A special local regulation was
established in 2014 for the Great Peconic Race event when the Coast
Guard issued a temporary rule entitled, ``Special Local Regulation and
Safety Zone; Marine Events in Captain of the Port Long Island Sound
Zone''. This rule was published on August 29, 2014 in the Federal
Register (79 FR 51479).
Kayak for Camp (regatta): Is a recurring marine event with no
regulatory history.
Connecticut River Raft Race (regatta): A special local regulation
was established in 2014 for the Connecticut River Raft Race event when
the Coast Guard issued temporary rule entitles, ``Special Local
Regulations and Safety Zones; Marine Events in Captain of the Port Long
Island Zone''. This rule was published on August 12, 2014 in the
Federal Register (79 FR 46997).
Fran Schnarr Open Water Championship (Swim): Is a recurring marine
event with regulatory history. This event was previously named
Huntington Bay Open Water Championships Swim (78 FR 31402, May 24,
2013) and the event is being held in a different location this year.
Riverhead Rocks Triathlon (swim): A special local regulation was
established in 2014 for the Riverhead Rocks Triathlon event when the
Coast Guard issued a temporary rule entitled, ``Safety
[[Page 28177]]
Zones; Marine Events in Captain of the Port Long Island Sound Zone''.
This rule was published on August 18, 2014 in the Federal Register (79
FR 48685).
Jones Beach State Park (fireworks): Is a reoccurring marine event
with regulatory history. This event is in Table 1 to 33 CFR 165.151
(7.19). We will be using a Special Local Regulation this year for this
event due to a determination that a safety zone will be insufficient to
mitigate the event's extra and unusual hazards.
Jones Beach (Air Show): A special local regulation was established
in 2014 for the Jones Beach Air Show event when the Coast Guard issued
a final rule entitled, ``Special Local Regulation; Jones Beach Air
Show; Atlantic Ocean, Sloop Channel Through East Bay, and Zach's Bay;
Wantagh, NY''. This rule was published on May 21, 2014 in the Federal
Register (79 FR 29088).
Safety Zones:
Village of Saltaire (fireworks): A special local regulation was
established in 2014 for the Village of Saltaire event when the Coast
Guard issued a temporary rule entitled, ``Safety Zones; Marine Events
in Captain of the Port Long Island Sound Zone''. This rulemaking was
published on August 18, 2014 in the Federal Register (79 FR 48685).
USCG Academy Fireworks Entertainment (fireworks): Is a first time
marine event with no regulatory history.
Boys and Girls Club--Beach Ball 2015 (fireworks): Is a first time
marine event with no regulatory history.
Marine at American Wharf (fireworks): Is a first time event with no
regulatory history.
Cherry Grove Pride Week (fireworks): Is a first time marine event
with no regulatory history.
Riverfest (Fireworks): Is a reoccurring marine event with
regulatory history. This event is in Table 1 to Sec. 165.151(7.23).
This event is in this temporary rule due to deviation from the date and
position listed in the Sec. 165.151 regulation.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
unnecessary. The Coast Guard did not receive the information about the
events early enough to publish a Notice of Proposed Rulemaking before
the scheduled event dates. In addition, publishing an NPRM is
unnecessary for this rule because most of these events are familiar to
the community as recurring annual community events. Thus, waiting for a
comment period to run would inhibit the Coast Guard's ability to
fulfill its mission to keep the ports and waterways safe.
Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.
B. Basis and Purpose
The legal basis for this temporary rule is 33 U.S.C. 1231, 1233; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish regulatory special local regulations and
safety zones.
As discussed in the Regulatory History and Information section,
four regattas, seven fireworks displays, two swim events, and one air
show will take place in the Coast Guard Sector LIS COTP Zone between
April 25, 2015 and September 20, 2015. The COTP Long Island Sound has
determined that the eight special local regulations and the six safety
zones established by this temporary final rule are necessary to provide
for the safety of life on navigable waterways during those events.
Aquapalooza is a boating event open to the Public that attracts
many people and boats into Zach's Bay near Jones Beach State Park in
Wantagh, NY. The event sponsor expects to have 500 participants. As
such, a large number of boats will be operating in close proximity to
each other and to swimmers in a nearby designated swim area. Many of
these vessels will be operating at dangerous speeds given the congested
conditions during the event and at the conclusion of the vent when a
large number of vessels will be departing Zach's Bay within a
relatively short period of time. These conditions are especially
hazardous for any vessels attempting to navigate in the southbound
direction, against the flow of the main vessel traffic at the
conclusion of the event. The Coast Guard determined that a special
local regulation that restricts vessel speed and the flow of vessel
traffic will improve the safety of waterway users.
Kayak for Camp is a kayak and paddleboard event that starts at
Harbor View Beach, Norwalk, CT to Green's Ledge Light, Norwalk, CT and
back to Harbor View Beach, Norwalk, CT. There are two courses in this
event; the first course is broken into two different races with
distances of 2 miles and 8 miles and the second course is 4 miles long.
One safety boat will be present behind the race participants for
assistance.
Great Peconic Race is a kayak, surf ski and paddleboard event that
starts and ends at Wades Beach on Shelter Island. The race course
circumnavigates Shelter Island with a total distance of 19 miles. On
the south shore, two event safety vessels will be present with a member
of the South Ferry Company Inc. staff with a red flag to stop and then
wave paddlers on for safe crossing. One safety boat will be present on
the north shore to assist paddlers as well.
Riverhead Rocks Triathlon will be held in Riverhead, NY, with the
swimming portion in the Peconic River. The swim course will be along
the shoreline of the river, with life guards and safety boats present
to assist the race participants.
Fran Schnarr Open Water Championship Swim is an open water swim
event that will be held in Huntington Harbor, Huntington Bay, NY. The
race course will be along the north shore of Huntington Bay, NY.
Jones Beach State Park fireworks display attracts thousands of
spectators to Jones Beach State Park as well as a significant number of
spectator vessels to the waters around Jones Beach State Park. The
operation of numerous spectator vessels in such close proximity to each
other presents additional hazards to the maritime public. The COTP
Sector Long Island Sound has determined that these hazards pose a
danger to the maritime public. This special local regulation will
temporarily regulate three areas around the Jones Beach State Park
fireworks display, including portions of the Atlantic Ocean, the
navigable waters between Meadowbrook State Parkway and the Wantagh
State Parkway, and Zach's Bay. The three areas will be defined as ``No
Entry Area,'' ``Slow/No Wake Area,'' and ``No Southbound Traffic
Area.''
Jones Beach Air Show attracts thousands of spectators to Jones
Beach State Park as well as a significant number of spectator vessels
to the waters around Jones Beach State Park. The operation of numerous
spectator vessels in such close proximity to each other presents
additional hazards to the maritime public beyond those associated with
the aerial activities. The
[[Page 28178]]
COTP Sector Long Island Sound has determined that these hazards pose a
danger to the maritime public. This special local regulation will
temporary regulate three areas around the Jones Beach Air Show,
including portions of the Atlantic Ocean, the navigable waters between
Meadowbrook State Parkway and the Wantagh State Parkway, and Zach's
Bay. The three areas will be defined as ``No Entry Area,'' ``Slow/No
Wake Area,'' and ``No Southbound Traffic Area.''
The geographic locations of these regulated areas and the specific
requirements of this rule are contained in the regulatory text. This
regulation prevents vessels from entering, transiting, remaining, or
anchoring within the area designated as a ``No Entry Area'' during the
periods of enforcement, unless authorized by the COTP or designated
representative. This regulation also partially restricts movement
within the ``Slow/No Wake Area'' and the ``No Southbound Traffic Area''
unless authorized by the COTP or designated representative.
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, the Coast
Guard determined that a special local regulation that restricts vessel
speed and operation is needed to protect participants, spectators and
other waterway users during the event.
USCG Academy Fireworks Entertainment display will be held on the
Thames River in New London, CT.
Boys and Girls Club--Beach Ball 2015 fireworks display will be held
on Bellport Bay, Bellport, NY.
Marina at American Wharf fireworks display will be held on the
Thames River, Norwich, CT.
Cherry Grove Pride Week fireworks display will be held on Great
South Bay, Cherry Grove, NY.
Village of Saltaire fireworks display will be held on Great South
Bay, Bay Shore, NY.
Riverfest Fireworks display will be held on the Connecticut River,
Hartford, CT.
C. Discussion of the Temporary Final Rule
This rule establishes eight special local regulations for four
regattas, two swim events, one fireworks display, and one air show and
six safety zones for six fireworks displays. The locations of these
special regulated areas and safety zones are described in the
regulatory text.
The fireworks displays will launch pyrotechnics from either a barge
or a landsite near a waterway. A regulated area, specifically a safety
zone, is required for each of these fireworks displays to protect both
spectators and participants from the safety hazards created by the
burning debris.
The special local regulation established for Aquapalooza includes
two measures to reduce the risks to waterways users of Zach's Bay
before, during, and after the event. The first measure restricts vessel
movement within the regulated area to no wake speed or 6 knots,
whichever is slower on July 26, 2015 from 11:30 a.m. to 8 p.m. The
second measure restricts all vessel movement within the regulated area
to the outbound or northbound direction on July 26, 2015 from 3 p.m. to
5:30 p.m.
Kayak for Camp is a rowing regatta that will take place in Norwalk
Harbor near Norwalk, CT. This special local regulation proposes two
temporary regulated areas to restrict vessel movement within the
regulated areas of Norwalk Harbor to no wake speeds or 6 knots,
whichever is slower.
Great Peconic Race regulated area would encompass all navigable
waters of the United States of the Peconic River, Shelter Island, NY,
inside two areas. This special local regulation proposes two temporary
regulated areas in which event non-participants must travel at a no-
wake speed and remain vigilant at all times for event participants.
Additionally, recreational vessels must yield right-of-way for event
participants and event safety craft, and follow directions given by
event representatives during the event. Commercial vessels will have
right-of-way over event participants and event safety craft.
Riverhead Rocks Triathlon incorporates swim legs that will place
many swimmers in the navigable waters of the Peconic River. 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 special local regulation established for this swim
event will minimize the risks to the event participants from this type
of boat traffic and improve visibility and maneuverability for the
safety vessels supporting the swim event.
Fran Schnarr Open Water Championship Swim will place many swimmers
in the navigable waters of Huntington Harbor. 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 special local regulation established for this swim
event will minimize the risks to the event participants from this type
of boat traffic and improve visibility and maneuverability for the
safety vessels supporting the swim event.
Jones Beach State Park fireworks display attracts thousands of
spectator craft every year to Jones Beach State Park. Three regulated
areas will be set to address the safety concerns with high vessel
traffic. A ``No Entry Area'' will be set around the fireworks barge to
ensure spectators maintain a safe distance from the barge. A ``Slow/No
Wake Area'' will be set in the navigable waters between Meadow Brook
State Parkway and Wantagh State Parkway. All vessels in the area will
operate at ``No Wake'' speed or up to 6 knots, whichever is slower. A
``No Southbound Traffic Area'' will be set in all waters of Zach's Bay.
No southbound vessel traffic will be allowed into or within this area.
Jones Beach Air Show involves numerous aircraft performing various
aerial maneuvers which present multiple hazards, including those
associated with in-flight accidents. This event attracts thousands of
spectators and spectator craft which pose their own hazards. Three
regulated areas will be set to address the safety concerns. A ``Slow/No
Wake Area'' will be set in the navigable waters between Meadow Brook
State Parkway and Wantagh State Parkway. All vessels in the area will
operate at ``No Wake'' speed or up to 6 knots, whichever is slower. A
``No Southbound Traffic Area'' will be set in all waters of Zach's Bay.
No southbound vessel traffic will be allowed into or within this area.
The special local regulation established for the Connecticut River
Raft Race restricts vessel movement within the regulated area of the
Connecticut River to no wake speed or 6 knots, whichever is slower, and
also stipulates that vessels must not anchor, block, loiter, or impede
the transit of event participants or official patrol vessels in the
regulated areas unless authorized by COTP or designated
representatives.
This rule prevents vessels from entering, transiting, mooring, or
anchoring within areas specifically designated as safety zones and
establishes additional vessel movement rules within areas specifically
under the jurisdiction of the special local regulations during the
periods of enforcement unless authorized by the COTP or designated
representative.
[[Page 28179]]
Public notifications will be made to the local maritime community
prior to each event through 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 rulemaking is not a
significant regulatory action for the following reasons: The
enforcement of these regulated areas and safety zones will be
relatively short in duration. Also, persons or vessels desiring entry
into a regulated area or a deviance from the stipulations within a
regulated area may be authorized to do so by the COTP Sector Long
Island Sound or designated representative. Additionally, persons or
vessels desiring to enter a safety zone may do so with permission from
the COTP Sector Long Island Sound or designated representative.
Furthermore, these special local regulations and safety zones are
designed in a way to limit impacts on vessel traffic, permitting
vessels to navigate in other portions of the waterways not designated
as a regulated area or as a safety zone. Finally, to increase public
awareness of these special local regulations and safety zones, the
Coast Guard will notify the public of the enforcement of this rule via
appropriate means, such as via Local Notice to Mariners and 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.
This temporary final rule will affect the following entities, some
of which may be small entities: The owners or operators of vessels
intending to enter, transit, anchor, or moor within a regulated area or
a safety zone during the periods of enforcement, from April 25, 2015 to
September 20, 2015. However, this temporary final rule will not have a
significant economic impact on a substantial number of small entities
for the same reasons discussed in the Regulatory Planning and Review
section.
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. 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 From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 28180]]
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of special local
regulations and safety zones. This rule is categorically excluded from
further review under paragraph 34(g) 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 recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35T01-0125 to read as follows:
Sec. 100.35T01-0125 Special Local Regulations; Marine Events in
Captain of the Port Long Island Sound Zone.
(a) Regulations. The general regulations contained in 33 CFR 100.35
as well as the following regulations apply to the marine events listed
in Table to Sec. 100.35T01-0125.
(b) Enforcement periods. This section will be enforced on the dates
and times listed for each event in Table to Sec. 100.35T01-0125.
(c) Definitions. The following definitions apply to this section:
Designated Representative. A ``designated representative'' is any
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. While members of the Coast
Guard Auxiliary will not serve as the designated representative, they
may be present to inform vessel operators of this regulation.
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.
(d) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP at 203-468-4401 (Sector Long
Island Sound command center) or the designated representative via VHF
channel 16.
(e) Vessels may not transit the regulated areas without the COTP or
designated representative approval. Vessels permitted to transit must
operate at a no wake speed or 6 knots, whichever is slower, and operate
in a manner which will not endanger event participants or other crafts
in the event.
(f) 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 must 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.
(g) The COTP or designated representative may delay or terminate
any marine event in this section at any time it is deemed necessary to
ensure the safety of life or property.
(h) The additional stipulations listed in Table to Sec. 100.35T01-
0125 also apply for the event in which they are listed.
Table to Sec. 100.35T01-0125
------------------------------------------------------------------------
------------------------------------------------------------------------
1 Jones Beach Air Show................. Date: May 21 through
24, 2015.
Time: (1) The ``No
Entry Area'' will be enforced
each day from the start of the
air show until 30 minutes
after it concludes.
(2) The ``Slow/No Wake
Area'' and the ``No
Southbound Traffic Area''
will be enforced each day
for 6 hours after the air
show concludes.
Location: ``No Entry
Area'': Waters of the Atlantic
Ocean off Jones Beach State
Park, Wantagh, NY contained
within the following described
area; Beginning in approximate
position 40[deg]34'54'' N,
073[deg]33'21'' W, then
running east along the
shoreline of Jones Beach State
Park to approximate position
40[deg]35'53'' N,
073[deg]28'48'' W; then
running south to a position in
the Atlantic Ocean off of
Jones Beach at approximate
position 40[deg]35'05'' N,
073[deg]28'34'' W; then
running West to approximate
position 40[deg]33'15'' N,
073[deg]33'09'' W; then
running North to the point of
origin.
[[Page 28181]]
``Slow/No Wake Area'': All
navigable waters between
Meadowbrook State Parkway
and Wantagh State Parkway
and contained within the
following area. Beginning
in approximate position
40[deg]35'49.01'' N
73[deg]32'33.63'' W then
north along the Meadowbrook
State Parkway to its
intersection with Merrick
Road in approximate
position 40[deg]39'14.00''
N 73[deg]34'00.76'' W then
east along Merrick Road to
its intersection with
Wantagh State Parkway in
approximate position
40[deg]39'51.32'' N
73[deg]30'43.36'' W then
south along the Wantagh
State Parkway to its
intersection with Ocean
Parkway in approximate
position 40[deg]35'47.30''
N 73[deg]30'29.17'' W then
west along Ocean Parkway to
its intersection with
Meadowbrook State Parkway
at the point of origin in
approximate position
40[deg]35'49.01'' N
73[deg]32'33.63'' W.
``No Southbound Traffic
Area'': All navigable
waters of Zach's Bay south
of the line connecting a
point near the western
entrance to Zach's Bay in
approximate position
40[deg]36'29.20'' N,
073[deg]29'22.88'' W and a
point near the eastern
entrance of Zach's Bay in
approximate position
40[deg]36'16.53'' N,
073[deg]28'57.26'' W.
2 Jones Beach State Park Fireworks..... Date: July 4, 2015.
Rain Date: July 5,
2015.
Time: 9 p.m. to 10:25
p.m.
``No Entry Area'': All
waters off of Jones Beach
State Park, Wantagh, NY within
a 1000 foot radius of the
launch platform in approximate
position 40[deg]34'56.68'' N,
073[deg]30'31.19'' W (NAD
83).]
``Slow/No Wake Area'': All
navigable waters between
Meadowbrook State Parkway
and Wantagh State Parkway
and contained within the
following area. Beginning
in approximate position
40[deg]35'49.01'' N
73[deg]32'33.63'' W then
north along the Meadowbrook
State Parkway to its
intersection with Merrick
Road in approximate
position 40[deg]39'14.00''
N 73[deg]34'00.76'' W then
east along Merrick Road to
its intersection with
Wantagh State Parkway in
approximate position
40[deg]39'51.32'' N
73[deg]30'43.36'' W then
south along the Wantagh
State Parkway to its
intersection with Ocean
Parkway in approximate
position 40[deg]35'47.30''
N 73[deg]30'29.17'' W then
west along Ocean Parkway to
its intersection with
Meadowbrook State Parkway
at the point of origin in
approximate position
40[deg]35'49.01'' N
73[deg]32'33.63'' W.
``No Southbound Traffic
Area'': All navigable
waters of Zach's Bay south
of the line connecting a
point near the western
entrance to Zach's Bay in
approximate position
40[deg]36'29.20'' N,
073[deg]29'22.88'' W and a
point near the eastern
entrance of Zach's Bay in
approximate position
40[deg]36'16.53'' N,
073[deg]28'57.26'' W.
3 Kayak For Camp....................... Date: July 11, 2015.
Time: 4:30 a.m. to
1:30 p.m.
Location: The
regulated area includes all
navigable waterways of Norwalk
Harbor, Norwalk, CT within 100
yards of the two regatta
courses.
Course one begins at a point
on land near Harbor View
Beach, Norwalk, CT at
position 41[deg]05'00'';
073[deg]23'55.80'' W and
then west to a point in
Norwalk Harbor at position
41[deg]04'56.44'' N;
073[deg]24'07.80'' W and
then south to point in
Norwalk Harbor near Green
Buoy 15 at position
41[deg]04'50.16'' N;
073[deg]24'07.20'' W and
then south to a point in
Norwalk Harbor near Green
Buoy 13 at position
41[deg]04'40.86'' N;
073[deg]24'90.00'' W and
the south west to a point
in Norwalk Harbor near NRG
Norwalk at position
41[deg]04'12.24'' N;
073[deg]24'30.00'' W and
then south west to a point
in Long Island Sound near
Tavern Island at position
41[deg]03' 29.94'' N;
073[deg]25'35.00'' W and
then south west to a point
in Long Island Sound near
green buoy 1A at position
41[deg]02' 55.26'' N;
073[deg]26'15.60'' W and
then south west to a point
in Long Island Sound near
Green's Ledge Light at
position 41[deg]02'28.62''
N; 073[deg]26'43.80'' W and
then east to a point in
Long Island Sound near
Green's Ledge Light at
position 41[deg]02'26.88''
N; 073[deg]26'35.40'' W and
then north to a point in
Long Island Sound at
position 41[deg]02'55.26''
N; 073[deg]26' 15.60'' W
and then north back to
point of origin.
[[Page 28182]]
Course two begins at a point
on land near Harbor View
Beach, Norwalk, CT at
position 41[deg]05'00.00'';
073[deg]23'55.80'' W and
then west to a point in
Norwalk Harbor at position
41[deg]04'56.44'' N;
073[deg]24'07.80'' W and
then south to point in
Norwalk Harbor near Green
Buoy 15 at position
41[deg]04'50.16'' N;
073[deg]24'07.20'' W and
then south to a point in
Norwalk Harbor near Green
Buoy 13 at position
41[deg]04'40.86'' N;
073[deg]24'90.00'' W and
the south west to a point
in Norwalk Harbor near NRG
Norwalk at position
41[deg]04'12.24'' N;
073[deg]24'30.00'' W and
then west to a point in
Long Island Sound near
Tavern Island at position
41[deg]03'49.56'' N;
073[deg]25'22.80'' W and
the south to a point in
Long Island Sound near
Tavern Island at position
41[deg]03'35.46'' N;
073[deg]25'27.00'' W and
then south east to a point
in Long Island Sound near
Tavern Island at position
41[deg]03'32.76'' N;
073[deg]25'19.20'' W and
then north east to the
point of origin (NAD 83).
Additional
stipulations: Vessel speed in
the regulated area is
restricted to no wake speed or
6 knots, whichever is slower.
4 Fran Schnarr Open Water Championship. Date: July 12, 2015.
Time: 7:45 a.m. to 1
p.m.
Location: All waters
of Northport Bay, Huntington,
NY within the area with the
point of origin in Northport
Bay at position
40[deg]54'25.8'' N
073[deg]24'28.8'' W and then
east to a point in Northport
Bay at position
40[deg]54'31.2'' N
073[deg]25'21.0'' W and then
south east to a point in
Northport Harbor at position
40[deg]54'45.0'' N
073[deg]23'36.6'' W and then
east to the point of origin
(NAD 83).
5 Connecticut River Raft Race.......... Date: July 25, 2015.
Time: 9:30 a.m. to
2:30 p.m.
Location: 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).
Additional Stipulations:
Vessels must not anchor,
block, loiter, or impede
the transit of event
participants or official
patrol vessels in the
regulated areas unless
authorized by COTP or
designated representative.
6 Aquapalooza.......................... Event type: Regatta.
Date: July 26, 2015.
Time: 11:30 a.m. to
8:30 p.m.
Location: All
navigable waters of Zach's Bay
south of the line connecting a
point near the western
entrance to Zach's Bay in
approximate position
40[deg]36'29.20'' N,
073[deg]29'22.88'' W and a
point near the eastern
entrance of Zach's Bay in
approximate position
40[deg]36'16.53'' N,
073[deg]28'57.26'' W.
Additional
stipulations: On July 26, 2015
from 11:30 a.m. to 8 p.m.
vessel speed in the regulated
area is restricted to no wake
speed or 6 knots, whichever is
slower. On July 26, 2015 from
3 p.m. to 5:30 p.m. vessels
may only transit the regulated
area in the northbound
direction or outbound
direction.
7 Riverhead Rocks Triathlon............ Date: August 9, 2015.
Time: 6:20 a.m. to
8:30 a.m.
Location: All waters
of the Peconic River,
Riverhead, NY within 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).
[[Page 28183]]
8 Great Peconic Races.................. Date: September 20,
2015.
Time: 7:30 a.m. to
5:30 p.m.
Location: The
regulated area includes all
U.S. navigable waters of the
Peconic River, Shelter Island,
NY, of the Peconic River,
Shelter Island, NY, inside two
areas. The first area bound by
a line extending from a point
on land at Beach Point at
position 41[deg]06'25.66'' N;
072[deg]20'04.95'' W and then
straight across the Peconic
River to a point on land near
Cleaves Point at position
41[deg]06'43.70'' N;
072[deg]20'31.99'' W and then
west along the shoreline to a
point on land near Brick Cove
Marina at position
41[deg]04'44.91'' N;
072[deg]23'06.25'' W and then
straight across the Peconic
River to a point on land near
Jennings Point at position
41[deg]04'20.46'' N;
072[deg]22'57.60'' W and then
east along the shoreline back
to the point of origin (NAD
83). The second area would be
bound by a line starting at a
point on land near West Neck
Point at position
41[deg]02'48.14'' N;
072[deg]20'19.34'' W and then
straight across the Peconic
River to a point on land near
Gleason Point at position
41[deg]02'04.91'' N;
072[deg]19'54.47'' W and then
east along the shoreline to a
point on land at position
41[deg]01'07.56'' N;
072[deg]17'53.34'' W and the
straight across the Peconic
River to a point on land near
Mashomack Point at position
41[deg]01'44.68'' N;
072[deg]16'54.87'' W and then
west along the shoreline back
to origin (NAD 83).
Additional stipulations:
Vessel speed in the
regulated area is
restricted to no wake speed
or 6 knots, whichever is
slower. Recreational
vessels transiting in the
regulated area must yield
right-of-way for event
participant and event
safety craft and must
follow directions given by
event representatives
during the event.
Commercial vessel will have
right-of-way over the event
participants, and event
safety craft.
------------------------------------------------------------------------
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
4. Add Sec. 165.T01-0125 to read as follows:
Sec. 165.T01-0125 Safety Zones; Fireworks Displays 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
Table 1 to Sec. 165.T01-0125.
(b) Enforcement period. This rule will be enforced on the dates and
times listed for each event in Table 1 to Sec. 165.T01-0125. If the
event is delayed by inclement weather, the safety zone will be enforced
on the rain date indicated in Table 1 to Sec. 165.T01-0125.
(c) Definitions. The following definitions apply to this section:
Designated Representative. A ``designated representative'' is any
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. While members of the Coast
Guard Auxiliary will not serve as the designated representative, they
may be present to inform vessel operators of this regulation.
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.
(d) Vessels desiring to enter or operate within a safety zone
should contact the COTP or the designated representative via VHF
channel 16 or by telephone at (203) 468-4401 to obtain permission to do
so. Vessels given permission to enter or operate in a safety zone 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) 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.
TABLE 1 to Sec. 165.T01-0125
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks Events
------------------------------------------------------------------------
1 USCG Academy Fireworks Entertainment. Date: April 25, 2015.
Time: 9:45 p.m. to
10:55 p.m.
Location: All waters
of the Thames River near New
London, CT within 350 feet of
the land launch site in
approximate position
41[deg]22'28.03'' N,
072[deg]05'48.81'' W (NAD 83).
[[Page 28184]]
2 Boys and Girls Club--Beach Ball 2015 Date: June 20, 2015.
Fireworks. Rain Date: June 21,
2015.
Time: 8:45 p.m. to
9:45 p.m.
Location: All waters
of Great South Bay near
Bellport, NY within 600 feet
of the fireworks barge located
in approximate position
40[deg]44'39.19'' N,
073[deg]56'27.72'' W (NAD 83).
3 Marina at America Wharf Fireworks.... Date: June 20, 2015.
Rain Date: June 21,
2015.
Time: 9 p.m. to 11
p.m.
Location: All waters
of Thames River near Norwich,
CT within 400 feet of the
fireworks barge located in
approximate position
41[deg]31'16.835'' N,
072[deg]04'43.327'' W (NAD
83).
4 Cherry Groves Pride Week Fireworks... Date: June 20, 2015.
Rain Date: June 21,
2015.
Time: 8:50 p.m. to
9:50 p.m.
Location: All waters
of Great South Bay near Fire
Island, NY within 600 feet of
the fireworks barge located in
approximate position
40[deg]39'49.06'' N,
073[deg]05'27.99'' W (NAD 83).
5 Riverfest Fireworks.................. Date: July 11, 2015.
Time: 8:30 p.m. to
10:30 p.m.
Location: All waters
of Connecticut River near
Hartford, CT within 500 feet
of the fireworks barges
located in approximate
positions 41[deg]45'41.94'' N,
072[deg]39'50.74'' W and
41[deg]54'38.30'' N,
072[deg]39'48.19'' W (NAD 83).
6 Village of Saltaire Fireworks........ Date: August 1, 2015.
Rain Date: September
5, 2015.
Time: 8 p.m. to 10
p.m.
Location: All waters
of Saltaire Bay near Saltaire,
NY within 600 feet of the
fireworks barge located in
approximate position
40[deg]38'38.60'' N,
073[deg]12'05.06'' W (NAD 83).
------------------------------------------------------------------------
Dated: April 22, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2015-11930 Filed 5-15-15; 8:45 am]
BILLING CODE 9110-04-P