Safety Zones; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone, 52335-52339 [2016-18641]
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Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations
Dated: August 1, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–18534 Filed 8–5–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0747]
Drawbridge Operation Regulation;
Umpqua River, Reedsport, OR
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the US 101 Bridge
across the Umpqua River, mile 11.1, at
Reedsport, OR. The deviation is
necessary to accommodate updating the
electric control panels on the bridge.
This deviation allows the US 101 Bridge
to remain in the closed-to-navigation
position during upgrades.
DATES: This deviation is effective from
7 a.m. on August 16, 2016 until 5 p.m.
on August 18, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0747] is
available at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Oregon Department of Transportation
requested that the US 101 Bridge, near
Reedsport, Oregon, remain in the
closed-to-navigation position to update
the electric control panels. The US 101
Bridge crosses the Umpqua River at mile
11.1 and provides 36 feet of vertical
clearance above mean high water when
in the closed-to-navigation position.
This deviation allows the US 101 Bridge
to remain in the closed-to-navigation
position and need not open for maritime
traffic from 7 a.m. on August 16, 2016
until 5 p.m. August 18, 2016. The
normal operating schedule of this bridge
is detailed at 33 CFR 117.893(a).
Waterway usage on this part of the
Umpqua River includes vessels ranging
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SUMMARY:
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from occasional commercial tug and
barge to small pleasure craft. ODOT has
coordinated with local mariners in this
regard, and no objections have been
received. No immediate alternate route
is available for vessels to pass. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation. Vessels
which do not require an opening of the
bridge may continue to transit beneath
the bridge during this repair period.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: July 29, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2016–18709 Filed 8–5–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0670]
RIN 165–AA00
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 nine temporary 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
is prohibited unless authorized by
COTP Sector Long Island Sound.
DATES: This rule is effective without
actual notice from August 8, 2016
through September 03, 2016. For the
purposes of enforcement, actual notice
will be used July 30, 2016, through
August 8, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
SUMMARY:
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52335
0670 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Petty Officer Jay TerVeen, Prevention
Department, Coast Guard Sector Long
Island Sound, telephone (203) 468–
4446, email Jay.C.TerVeen@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and
Regulatory History
This rulemaking establishes 9 safety
zones for fireworks displays. Each event
and its corresponding regulatory history
are discussed below.
The Hoffman Wedding Fireworks
Display is a first time marine event with
no regulatory history.
The Pyro Engineering Inc. Fireworks
Display is a first time marine event with
no regulatory history.
The Sag Harbor Fire Department
Fireworks Display is a recurring marine
event with regulatory history. A safety
zone was established for this event in
2015 via a temporary final rule entitled,
‘‘Safety Zones; Marine Events held in
the Sector Long Island Sound Captain of
the Port Zone.’’ This rulemaking was
published on Friday, August 14, 2015 in
the Federal Register (80 FR 48692).
The Montalbano Wedding Fireworks
Display is a first time marine event with
no regulatory history.
The Village of Saltaire Fireworks
Display is a recurring marine event with
regulatory history. A safety zone was
established for this event in 2015 via a
temporary final rule entitled, ‘‘Special
Local Regulations and Safety Zones;
Marine Events held in the Sector Long
Island Sound Captain of the Port Zone.’’
This rulemaking was published on
Monday, May 18, 2015 in the Federal
Register (80 FR 28176).
The Baker Annual Summer
Celebration is a first time marine event
with no regulatory history.
The Gestal Wedding Fireworks
Display is a first time marine event with
no regulatory history.
The Clinton Chamber of Commerce
Fireworks Display is a recurring marine
event with regulatory history. A safety
zone was established for this event in
2015 via a temporary final rule entitled,
‘‘Safety Zones; Marine Events held in
the Sector Long Island Sound Captain of
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the Port Zone.’’ This rulemaking was
published on Friday, August 14, 2015 in
the Federal Register (80 FR 48692).
The East Hampton Fire Department
Fireworks Display is a recurring marine
event with regulatory history and is
cited in 33 CFR 165.151(9.1). This event
has been included in this rule due to
deviation from the cite date.
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 an
NPRM with respect to this rule because
doing so would be impracticable. The
event sponsors were late in submitting
the marine event applications. These
late submissions did not give the Coast
Guard enough time to publish a NPRM,
take public comments, and issue a final
rule before these events take place.
Thus, waiting for a comment period to
run would inhibit the Coast Guard’s
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
temporary rule under authority in 33
U.S.C. 1231. The Captain of the Port
(COTP) Long Island Sound has
determined that the safety zones
established by this temporary final rule
are necessary to provide for the safety of
life on navigable waterways before,
during, and after these scheduled
events.
IV. Discussion of the Rule
This rule establishes 9 safety zones for
ten fireworks displays. The location of
these safety zones are as follows:
FIREWORKS DISPLAYS SAFETY ZONES
1 .....................
Hoffman Wedding Fireworks Display .......
2 .....................
Pyro Engineering Inc. Fireworks Display
3 .....................
Sag Harbor Fire Department Fireworks
Display.
4 .....................
Montalbano Wedding Fireworks Display ..
5 .....................
Village of Saltaire Fireworks Display ........
6 .....................
Baker Annual Summer Celebration ..........
7 .....................
Gestal Wedding Fireworks Display ..........
8 .....................
Clinton Chamber of Commerce Fireworks
Display.
East Hampton Fire Department Fireworks
Display.
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9 .....................
This rule prevents vessels from
entering, transiting, mooring, or
anchoring within the areas specifically
designated as a safety zone and restricts
vessel movement around the locations
of the marine events to reduce the safety
risks associated with it during the
period of enforcement unless authorized
by the COTP or designated
representative.
The Coast Guard will notify the
public and local mariners of these safety
zones through appropriate means,
which may include, but are not limited
to, publication in the Federal Register,
the Local Notice to Mariners, and
Broadcast Notice to Mariners.
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Location: All waters of the Great South Bay, Babylon, NY within 1,000 feet of the
fireworks barge in approximate position 40°41′1.13″ N., 073°18′40.07″ W. (NAD
83).
Location: All navigable waters of Great Peconic Bay, Southampton, NY, within
1,000 feet of the fireworks barge in approximate position 40°56′58″ N.,
072°26′35″ W. (NAD 83).
Location: All navigable waters of Sag Harbor Bay, Sag Harbor, NY within 200 feet
of the land launch located in approximate position 41°00′02″ N., 072°17′02″ W.
(NAD 83).
Location: All navigable waters of Bellport Bay, Bellport, NY within 1,000 feet of the
barge launch site in approximate position 40°44′45.72″ N., 072°56′14.16″ W.
(NAD 83).
Location: All waters of the Great South Bay, Bayshore, NY within 600 feet of the
fireworks barge in approximate position 40°38′38.60″ N., 073°12′05.06″ W. (NAD
83).
Location: All navigable waters of the Peconic River, Jamesport, NY, within 600 feet
of the fireworks barge in approximate position 40°55′51.84″ N., 072°35′07.92″ W.
(NAD 83).
Location: All navigable waters of the Long Island Sound, Greenwich, CT within 600
feet of the fireworks barge located in approximate position 40°59′57.36″ N.,
073°37′54.37″ W. (NAD 83).
Location: All waters of Long Island Sound, Clinton, CT within 640 feet of the land
launch site in approximate position 41°15′59″ N., 072°31′09″ W. (NAD 83).
Location: All waters off Main Beach, East Hampton, NY within 1,000 feet of the
land launch located in approximate position 40°56′44″ N., 072°11′17″ W. (NAD
83).
V. 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 and we discuss First Amendment
rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
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harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The Coast Guard determined that this
rulemaking is not a significant
regulatory action for the following
reasons: (1) The enforcement of these
safety zones will be relatively short in
duration; (2) persons or vessels desiring
to enter these safety zones may do so
with permission from the COTP LIS or
a designated representative; (3) these
safety zones are designed in a way to
limit impacts on vessel traffic,
permitting vessels to navigate in other
portions of the waterway not designated
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as a safety zone; and (4) 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 to increase
public awareness of this safety zone.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
vessels intending to transit these
regulated areas may be small entities,
for the reasons stated in section V.A
above, this rule will not have a
significant economic impact on any
vessel owner or operator. 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this proposed rule or
any policy or action of the Coast Guard.
C. 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).
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D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
F. 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 (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 temporary rule
involves the establishment of ten
temporary safety zones. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
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52337
Categorical Exclusion Determination
will be 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.
G. 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.
List of Subjects in 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 part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
and Department of Homeland Security
Delegation No. 0170.1
2. Add § 100.T01–0670 to read as
follows:
■
§ 165.T01–0670 Safety Zones; Marine
Events held in the Sector Long Island
Sound Captain of the Port Zone.
(a) Location. This section will be
enforced at the locations listed for each
event in Table 1 to § 165.T01–0670.
(b) Enforcement period. This rule will
be enforced on the dates and times
listed for each event in Table 1 to
§ 165.T01–0670.
(c) Definitions. The following
definitions apply to this section: A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant, or petty
officer of the U.S. Coast Guard who has
been designated by the 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. ‘‘Official patrol vessels’’ may
consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law
enforcement vessels assigned or
approved by the COTP Sector Long
Island Sound. In addition, members of
the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
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(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in 33 CFR 165.23, entry into
or movement within these zones is
prohibited unless authorized by the
COTP, Long Island Sound.
(3) Any vessel given permission to
deviate from these regulations must
comply with all directions given to
them by the COTP Sector Long Island
Sound, or the designated on-scene
representative.
(4) Any vessel given permission to
enter or operate in these safety zones
must comply with all directions given to
them by the COTP Sector Long Island
Sound, or the designated on-scene
representative.
(5) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
TABLE 1 TO § 165.T01–0670
Fireworks Events *
.
1 .....................
Hoffman Wedding Fireworks Display .......
•
•
•
•
2 .....................
Pyro Engineering Inc. Fireworks Display
•
•
•
3 .....................
Sag Harbor Fire Department Fireworks
Display.
•
•
•
•
4 .....................
Montalbano Wedding Fireworks Display ..
•
•
•
•
5 .....................
Village of Saltaire Fireworks Display ........
•
•
•
•
6 .....................
Baker Annual Summer Celebration ..........
•
•
•
•
7 .....................
Gestal Wedding Fireworks Display ..........
•
•
•
8 .....................
Clinton Chamber of Commerce Fireworks
Display.
•
•
•
•
9 .....................
East Hampton Fire Department Fireworks
Display.
•
•
•
•
Date: July 30, 2016.
Rain Date: July 31, 2016.
Time: 9:00 p.m. to 10:30 p.m.
Location: All waters of the Great South Bay, Babylon, NY within 1,000 feet of the
fireworks barge in approximate position 40°41′1.13″ N., 073°18′40.07″ W. (NAD
83).
Date: July 30, 2016.
Time: 9:00 p.m. to 10:15 p.m.
Location: All navigable waters of Great Peconic Bay, Southampton, NY, within
1,000 feet of the fireworks barge in approximate position 40°56′58″ N.,
072°26′35″ W. (NAD 83).
Date: August 05, 2016.
Rain Date: August 06, 2016.
Time: 9:15 p.m. to 10:30 p.m.
Location: All navigable waters of Sag Harbor Bay, Sag Harbor, NY within 200
feet of the land launch located in approximate position 41°00′02″ N., 072°17′02″
W. (NAD 83).
Date: August 06, 2016.
Rain Date: August 07, 2016.
Time: 8:30 p.m. to 10:00 p.m.
Location: All navigable waters of Bellport Bay, Bellport, NY within 1,000 feet of
the barge launch site in approximate position 40°44′45.72″ N., 072°56′14.16″ W.
(NAD 83).
Date: August 06, 2016.
Rain Date: September 03, 2016.
Time: 8:30 p.m. to 10:30 p.m.
Location: All waters of the Great South Bay, Bayshore, NY within 600 feet of the
fireworks barge in approximate position 40°38′38.60″ N., 073°12′05.06″ W. (NAD
83).
Date: August 13, 2016.
Rain Date: August 14, 2016.
Time: 8:30 p.m. to 9:40 p.m.
Location: All navigable waters of the Peconic River, Jamesport, NY, within 600
feet of the fireworks barge in approximate position 40°55′51.84″ N.,
072°35′07.92″ W. (NAD 83).
Date: August 13, 2016.
Time: 8:30 p.m. to 10:30 p.m.
Location: All navigable waters of the Long Island Sound, Greenwich, CT within
600 feet of the fireworks barge located in approximate position 40°59′57.36″ N.,
073°37′54.37″ W. (NAD 83).
Date: August 20, 2016.
Rain Date: August 21, 2016.
Time: 8:30 p.m. to 10:30 p.m.
Location: All waters of Long Island Sound, Clinton, CT within 640 feet of the land
launch site in approximate position 41°15′59″ N., 072°31′09″ W. (NAD 83).
Date: August 27, 2016.
Rain Date: August 28, 2016.
Time: 8:45 p.m. to 10:15 p.m.
Location: All waters off Main Beach, East Hampton, NY within 1,000 feet of the
land launch located in approximate position 40°56′44″ N., 072°11′17″ W. (NAD
83).
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* All dates and times subject to change. Exact times and dates will be published in the Local Notice to Mariners.
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Dated: July 19, 2016.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
designated on-scene representative may
be contacted via VHF Channel 16.
This notice is issued under authority
of 33 CFR 165.943 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of the enforcement of this
safety zone via Broadcast Notice to
Mariners.
[FR Doc. 2016–18641 Filed 8–5–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Dated: July 29, 2016.
E. E. Williams,
Commander, U.S. Coast Guard, Captain of
the Port, Duluth.
Coast Guard
33 CFR Part 165
[Docket No. USCG–2016–0709]
[FR Doc. 2016–18480 Filed 8–5–16; 8:45 am]
Safety Zones; Point to LaPointe Swim,
Lake Superior, LaPointe, WI
BILLING CODE 9110–04–P
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
DEPARTMENT OF HOMELAND
SECURITY
AGENCY:
Coast Guard
The Coast Guard will enforce
the Safety Zone for the Point to LaPointe
Swim in LaPointe, WI on August 6,
2016. This action is necessary to protect
participants and spectators during the
Point to LaPointe Swim in Lake
Superior between Bayfield, WI and
LaPointe, WI. During the enforcement
period, entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Duluth or his
designated on-scene representative.
DATES: The regulations in 33 CFR
165.943(b) will be enforced from 7:15
a.m. through 10:15 a.m. on August 6,
2016.
SUMMARY:
If
you have questions about this notice of
enforcement, call or email Lieutenant
Junior Grade John Mack, Waterways
Management Division, Coast Guard;
telephone (218) 725–3818, email
John.V.Mack@uscg.mil
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone for the
annual Point to LaPointe Swim in 33
CFR 165.943(a)(7) from 7:15 a.m. until
10:15 p.m. August 6, 2016. This safety
zone will include all waters between
Bayfield, WI and Madeline Island, WI
within an imaginary line created by the
following coordinates: 46°48′50.97″ N.,
090°48′44.28″ W., moving southeast to
46°46′44.90″ N., 090°47′33.21″ W., then
moving northeast to 46°46′52.51″ N.,
090°47′17.14″ W., then moving
northwest to 46°49′03.23″ N.,
090°48′25.12″ W. and finally running
back to the starting point.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Duluth or his designated on-scene
representative. The Captain of the Port’s
rmajette on DSK2TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
13:12 Aug 05, 2016
Jkt 238001
33 CFR Part 165
[Docket No. USCG–2015–1127]
Safety Zone; 2016 Wings Over Vermont
Air Show, Lake Champlain, Burlington,
VT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
an aerobatic demonstration over the
navigable waters of Lake Champlain
along the shoreline in Burlington, VT.
This temporary safety zone will be
necessary to protect spectators and
vessels from hazards associated with the
air show. Entry into, transit through,
mooring or anchoring within this
regulated area will be prohibited unless
authorized by the Captain of the Port
(COTP) Sector Northern New England
(SNNE).
SUMMARY:
This rule is effective from 9 a.m.
on August 12, 2014, through 6 p.m. on
August 14, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–
USCG–2015–1127 in the ‘‘SEARCH’’
box and click ‘‘SEARCH.’’ Click on
Open Docket Folder on the line
associated with this rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Chief Marine
Science Technician Chris Bains,
Waterways Management Division at
Coast Guard Sector Northern New
England, telephone (207) 347–5003, or
email Chris.D.Bains@uscg.mil.
DATES:
PO 00000
Frm 00015
Fmt 4700
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
SLR Special Local Regulation
U.S.C. United States Code
COTP Captain of the Port
NPRM Notice of Proposed Rulemaking
II. Background Information and
Regulatory History
On April 19, 2016, the Coast Guard
published an NPRM in the Federal
Register titled 2016 Wings over
Vermont Air Show (81 FR 22944). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action. No public comments
or request for a public meeting were
received during the NPRM process.
III. Legal Authority and Need for Rule
RIN 1625–AA00
ACTION:
52339
Sfmt 4700
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP is establishing a safety zone for
the Wings over Vermont Air Show from
9 a.m. to 6 p.m. on August 12–14, 2016
on Lake Champlain, along the shoreline
of Burlington, VT. The safety zone will
cover all navigable waters, extending to
and including the breakwater bounded
by the following coordinates: 44°29′24″
N./073°14′44″ W.; 44°29′24″ N./
073°14′03″ W.; 44°28′56″ N./073°14′03″
W.; 44°28′50″ N./073°13′48″ W.;
44°28′12″ N./073°13′33″ W.; 44°27′47″
N./073°14′03″ W.; 44°27′25″ N./
073°14′03″ W.; 44°27′25″ N./073°14′44″
W. The duration of the zone is intended
to ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 10 a.m. to 5 p.m.
aerobatic displays. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. The regulatory text
appears at the end of this document.
The purpose of this rulemaking is to
ensure the safety of spectator vessels
and other traffic using the navigable
waters near or around the designated
aeronautical box.
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
executive orders, and we discuss First
Amendment rights of protestors.
E:\FR\FM\08AUR1.SGM
08AUR1
]]>Agencies
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Pages 52335-52339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18641]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0670]
RIN 165-AA00
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 nine temporary 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 is prohibited unless authorized by COTP Sector
Long Island Sound.
DATES: This rule is effective without actual notice from August 8, 2016
through September 03, 2016. For the purposes of enforcement, actual
notice will be used July 30, 2016, through August 8, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0670 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Jay TerVeen, Prevention Department, Coast Guard
Sector Long Island Sound, telephone (203) 468-4446, email
Jay.C.TerVeen@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and Regulatory History
This rulemaking establishes 9 safety zones for fireworks displays.
Each event and its corresponding regulatory history are discussed
below.
The Hoffman Wedding Fireworks Display is a first time marine event
with no regulatory history.
The Pyro Engineering Inc. Fireworks Display is a first time marine
event with no regulatory history.
The Sag Harbor Fire Department Fireworks Display is a recurring
marine event with regulatory history. A safety zone was established for
this event in 2015 via a temporary final rule entitled, ``Safety Zones;
Marine Events held in the Sector Long Island Sound Captain of the Port
Zone.'' This rulemaking was published on Friday, August 14, 2015 in the
Federal Register (80 FR 48692).
The Montalbano Wedding Fireworks Display is a first time marine
event with no regulatory history.
The Village of Saltaire Fireworks Display is a recurring marine
event with regulatory history. A safety zone was established for this
event in 2015 via a temporary final rule entitled, ``Special Local
Regulations and Safety Zones; Marine Events held in the Sector Long
Island Sound Captain of the Port Zone.'' This rulemaking was published
on Monday, May 18, 2015 in the Federal Register (80 FR 28176).
The Baker Annual Summer Celebration is a first time marine event
with no regulatory history.
The Gestal Wedding Fireworks Display is a first time marine event
with no regulatory history.
The Clinton Chamber of Commerce Fireworks Display is a recurring
marine event with regulatory history. A safety zone was established for
this event in 2015 via a temporary final rule entitled, ``Safety Zones;
Marine Events held in the Sector Long Island Sound Captain of
[[Page 52336]]
the Port Zone.'' This rulemaking was published on Friday, August 14,
2015 in the Federal Register (80 FR 48692).
The East Hampton Fire Department Fireworks Display is a recurring
marine event with regulatory history and is cited in 33 CFR
165.151(9.1). This event has been included in this rule due to
deviation from the cite date.
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 an NPRM with respect to this rule
because doing so would be impracticable. The event sponsors were late
in submitting the marine event applications. These late submissions did
not give the Coast Guard enough time to publish a NPRM, take public
comments, and issue a final rule before these events take place. Thus,
waiting for a comment period to run would inhibit the Coast Guard's
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary rule under authority in
33 U.S.C. 1231. The Captain of the Port (COTP) Long Island Sound has
determined that the safety zones established by this temporary final
rule are necessary to provide for the safety of life on navigable
waterways before, during, and after these scheduled events.
IV. Discussion of the Rule
This rule establishes 9 safety zones for ten fireworks displays.
The location of these safety zones are as follows:
Fireworks Displays Safety Zones
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
1.......................... Hoffman Wedding Fireworks Location: All waters of the Great South Bay,
Display. Babylon, NY within 1,000 feet of the fireworks
barge in approximate position 40[deg]41'1.13''
N., 073[deg]18'40.07'' W. (NAD 83).
2.......................... Pyro Engineering Inc. Fireworks Location: All navigable waters of Great Peconic
Display. Bay, Southampton, NY, within 1,000 feet of the
fireworks barge in approximate position
40[deg]56'58'' N., 072[deg]26'35'' W. (NAD 83).
3.......................... Sag Harbor Fire Department Location: All navigable waters of Sag Harbor Bay,
Fireworks Display. Sag Harbor, NY within 200 feet of the land launch
located in approximate position 41[deg]00'02''
N., 072[deg]17'02'' W. (NAD 83).
4.......................... Montalbano Wedding Fireworks Location: All navigable waters of Bellport Bay,
Display. Bellport, NY within 1,000 feet of the barge
launch site in approximate position
40[deg]44'45.72'' N., 072[deg]56'14.16'' W. (NAD
83).
5.......................... Village of Saltaire Fireworks Location: All waters of the Great South Bay,
Display. Bayshore, NY within 600 feet of the fireworks
barge in approximate position 40[deg]38'38.60''
N., 073[deg]12'05.06'' W. (NAD 83).
6.......................... Baker Annual Summer Celebration Location: All navigable waters of the Peconic
River, Jamesport, NY, within 600 feet of the
fireworks barge in approximate position
40[deg]55'51.84'' N., 072[deg]35'07.92'' W. (NAD
83).
7.......................... Gestal Wedding Fireworks Location: All navigable waters of the Long Island
Display. Sound, Greenwich, CT within 600 feet of the
fireworks barge located in approximate position
40[deg]59'57.36'' N., 073[deg]37'54.37'' W. (NAD
83).
8.......................... Clinton Chamber of Commerce Location: All waters of Long Island Sound,
Fireworks Display. Clinton, CT within 640 feet of the land launch
site in approximate position 41[deg]15'59'' N.,
072[deg]31'09'' W. (NAD 83).
9.......................... East Hampton Fire Department Location: All waters off Main Beach, East Hampton,
Fireworks Display. NY within 1,000 feet of the land launch located
in approximate position 40[deg]56'44'' N.,
072[deg]11'17'' W. (NAD 83).
----------------------------------------------------------------------------------------------------------------
This rule prevents vessels from entering, transiting, mooring, or
anchoring within the areas specifically designated as a safety zone and
restricts vessel movement around the locations of the marine events to
reduce the safety risks associated with it during the period of
enforcement unless authorized by the COTP or designated representative.
The Coast Guard will notify the public and local mariners of these
safety zones through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Mariners, and Broadcast Notice to Mariners.
V. 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 and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: (1) The
enforcement of these safety zones will be relatively short in duration;
(2) persons or vessels desiring to enter these safety zones may do so
with permission from the COTP LIS or a designated representative; (3)
these safety zones are designed in a way to limit impacts on vessel
traffic, permitting vessels to navigate in other portions of the
waterway not designated
[[Page 52337]]
as a safety zone; and (4) 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 to increase public
awareness of this safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit
these regulated areas may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator. 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. 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 (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
temporary rule involves the establishment of ten temporary safety
zones. It is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination will be 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.
G. 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.
List of Subjects in 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 part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; and Department of Homeland Security Delegation
No. 0170.1
0
2. Add Sec. 100.T01-0670 to read as follows:
Sec. 165.T01-0670 Safety Zones; Marine Events held in the Sector Long
Island Sound Captain of the Port Zone.
(a) Location. This section will be enforced at the locations listed
for each event in Table 1 to Sec. 165.T01-0670.
(b) Enforcement period. This rule will be enforced on the dates and
times listed for each event in Table 1 to Sec. 165.T01-0670.
(c) Definitions. The following definitions apply to this section: A
``designated representative'' is any Coast Guard commissioned, warrant,
or petty officer of the U.S. Coast Guard who has been designated by the
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. ``Official patrol vessels'' may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the COTP Sector Long Island Sound. In addition, members
of the Coast Guard Auxiliary may be present to inform vessel operators
of this regulation.
[[Page 52338]]
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in 33 CFR 165.23,
entry into or movement within these zones is prohibited unless
authorized by the COTP, Long Island Sound.
(3) Any vessel given permission to deviate from these regulations
must comply with all directions given to them by the COTP Sector Long
Island Sound, or the designated on-scene representative.
(4) Any vessel given permission to enter or operate in these safety
zones must comply with all directions given to them by the COTP Sector
Long Island Sound, or the designated on-scene representative.
(5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
Table 1 to Sec. 165.T01-0670
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Fireworks Events *
----------------------------------------------------------------------------------------------------------------
1.......................... Hoffman Wedding Fireworks Date: July 30, 2016.
Display. Rain Date: July 31, 2016.
Time: 9:00 p.m. to 10:30 p.m.
Location: All waters of the Great South
Bay, Babylon, NY within 1,000 feet of the
fireworks barge in approximate position
40[deg]41'1.13'' N., 073[deg]18'40.07'' W. (NAD
83).
2.......................... Pyro Engineering Inc. Fireworks Date: July 30, 2016.
Display. Time: 9:00 p.m. to 10:15 p.m.
Location: All navigable waters of Great
Peconic Bay, Southampton, NY, within 1,000 feet
of the fireworks barge in approximate position
40[deg]56'58'' N., 072[deg]26'35'' W. (NAD 83).
3.......................... Sag Harbor Fire Department Date: August 05, 2016.
Fireworks Display. Rain Date: August 06, 2016.
Time: 9:15 p.m. to 10:30 p.m.
Location: All navigable waters of Sag
Harbor Bay, Sag Harbor, NY within 200 feet of the
land launch located in approximate position
41[deg]00'02'' N., 072[deg]17'02'' W. (NAD 83).
4.......................... Montalbano Wedding Fireworks Date: August 06, 2016.
Display. Rain Date: August 07, 2016.
Time: 8:30 p.m. to 10:00 p.m.
Location: All navigable waters of
Bellport Bay, Bellport, NY within 1,000 feet of
the barge launch site in approximate position
40[deg]44'45.72'' N., 072[deg]56'14.16'' W. (NAD
83).
5.......................... Village of Saltaire Fireworks Date: August 06, 2016.
Display. Rain Date: September 03, 2016.
Time: 8:30 p.m. to 10:30 p.m.
Location: All waters of the Great South
Bay, Bayshore, NY within 600 feet of the
fireworks barge in approximate position
40[deg]38'38.60'' N., 073[deg]12'05.06'' W. (NAD
83).
6.......................... Baker Annual Summer Celebration Date: August 13, 2016.
Rain Date: August 14, 2016.
Time: 8:30 p.m. to 9:40 p.m.
Location: All navigable waters of the
Peconic River, Jamesport, NY, within 600 feet of
the fireworks barge in approximate position
40[deg]55'51.84'' N., 072[deg]35'07.92'' W. (NAD
83).
7.......................... Gestal Wedding Fireworks Date: August 13, 2016.
Display. Time: 8:30 p.m. to 10:30 p.m.
Location: All navigable waters of the
Long Island Sound, Greenwich, CT within 600 feet
of the fireworks barge located in approximate
position 40[deg]59'57.36'' N., 073[deg]37'54.37''
W. (NAD 83).
8.......................... Clinton Chamber of Commerce Date: August 20, 2016.
Fireworks Display. Rain Date: August 21, 2016.
Time: 8:30 p.m. to 10:30 p.m.
Location: All waters of Long Island
Sound, Clinton, CT within 640 feet of the land
launch site in approximate position
41[deg]15'59'' N., 072[deg]31'09'' W. (NAD 83).
9.......................... East Hampton Fire Department Date: August 27, 2016.
Fireworks Display. Rain Date: August 28, 2016.
Time: 8:45 p.m. to 10:15 p.m.
Location: All waters off Main Beach, East
Hampton, NY within 1,000 feet of the land launch
located in approximate position 40[deg]56'44''
N., 072[deg]11'17'' W. (NAD 83).
----------------------------------------------------------------------------------------------------------------
* All dates and times subject to change. Exact times and dates will be published in the Local Notice to
Mariners.
[[Page 52339]]
Dated: July 19, 2016.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2016-18641 Filed 8-5-16; 8:45 am]
BILLING CODE 9110-04-P
