Special Local Regulations and Safety Zones; Recurring Marine Events, Fireworks Displays, and Swim Events Held in the Coast Guard Sector Long Island Sound Zone, 17470-17479 [2023-05955]
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Proposed Rules
vessels that are operating in the vicinity
of the regulated area established by the
special local regulations in this section.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port MarylandNational Capital Region (COTP) in the
enforcement of the regulations in this
section.
Event Patrol Commander or Event
PATCOM means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been so designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant means all persons and
vessels registered with the event
sponsor as a participant in the race.
Race area is an area described by a
line bound by coordinates provided in
latitude and longitude that outlines the
boundary of a race area within the
regulated area defined by this section.
Spectator means a person or vessel
not registered with the event sponsor as
a participant or assigned as official
patrols.
(c) Regulations. (1) The COTP
Maryland-National Capital Region or
Event PATCOM may forbid and control
the movement of all vessels and
persons, including event participants, in
the regulated area described in
paragraph (a)(1) of this section. When
hailed or signaled by an official patrol,
a vessel or person in the regulated area
shall immediately comply with the
directions given by the patrol. Failure to
do so may result in the Coast Guard
expelling the person or vessel from the
area, issuing a citation for failure to
comply, or both. The COTP MarylandNational Capital Region or Event
PATCOM may terminate the event, or a
participant’s operations at any time the
COTP Maryland-National Capital
Region or Event PATCOM believes it
necessary to do so for the protection of
life or property.
(2) Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this section must
immediately depart the regulated area.
(3) A spectator must contact the Event
PATCOM to request permission to
either enter or pass through the
regulated area. The Event PATCOM, and
official patrol vessels enforcing this
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regulated area, can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22A (157.1
MHz). If permission is granted, the
spectator must pass directly through the
regulated area as instructed by Event
PATCOM. A vessel within the regulated
area must operate at safe speed that
minimizes wake. A spectator vessel
must not loiter within the navigable
channel while within the regulated area.
(4) Only participant vessels and
official patrol vessels are allowed to
enter and remain within the race area.
(5) Only participant vessels and
official patrol vessels are allowed to
enter and transit directly through the
buffer area in order to arrive at or depart
from the race area.
(6) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must obtain authorization
from the COTP Maryland-National
Capital Region or Event PATCOM. A
person or vessel seeking such
permission can contact the COTP
Maryland-National Capital Region at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz) or the Event PATCOM
on Marine Band Radio, VHF–FM
channel 16 (156.8 MHz).
(7) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event dates and times.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other federal, state,
and local agencies.
(e) Enforcement period. This section
will be enforced from 9 a.m. to 7 p.m.
on May 13, 2023 and from 9 a.m. to 7
p.m. on May 14, 2023.
Dated: March 17, 2023.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2023–06022 Filed 3–22–23; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG–2023–0001]
RIN 1625–AA08 and 1625–AA00
Special Local Regulations and Safety
Zones; Recurring Marine Events,
Fireworks Displays, and Swim Events
Held in the Coast Guard Sector Long
Island Sound Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to amend the special local regulations
and annual recurring marine events
requiring safety zones for fireworks
displays and swim events along the
Coast Guard Sector Long Island Sound
Captain of the Port Zone. When
enforced, these special local regulations
and safety zones restrict vessels from
transiting regulated areas during certain
annually recurring events. The proposed
amendments to the special local
regulations and safety zones are
intended to expedite public notification
and ensure the protection of the
maritime public and event participants
from the hazards associated with certain
marine events. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 24, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0001 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Marine
Science Technician 2nd Class Mark
Paget, Waterways Management Division,
Sector Long Island Sound; telephone
(203) 468–4583; email mark.a.paget@
uscg.mil.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background, Purpose, and Legal
Basis
Swim events, fireworks displays, and
marine events are held on an annual
recurring basis on the navigable waters
within the Coast Guard Sector Long
Island Sound COTP Zone. The Coast
Guard has established special local
regulations and safety zones for some of
these annually recurring events to
ensure the protection of the maritime
public and event participants from
potential hazards.
The COTP Sector Long Island Sound
proposes to revise 33 CFR 100.100
Special Local Regulations; Regattas and
Boat Races in the Coast Guard Sector
Long Island Sound Captain of the Port
Zone, Table 1 to § 100.100 and 33 CFR
165.151 Safety Zones; Fireworks
Displays, Air Shows, and Swim Events
in the Captain of the Port Long Island
Sound Zone, Table 1 to § 165.151 and to
make notifications of the enforcement
periods of exact dates and times through
the Local Notice to Mariners and
Broadcast Notice to Mariners in advance
of the events. Under these current
regulations, § 100.100 and 165.151, if an
event does not have a date listed, then
exact dates and times of the
enforcement period are announced
through a Notice of Enforcement in the
Federal Register.
The marine events listed therein
include air shows, firework displays,
swim events, and other marine related
events requiring a limited access area
restricting vessel traffic for safety
purposes. The proposed revision to the
tables would more accurately reflect the
dates of marine events based on
historical occurrences.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters before, during, and
after a scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034 and
70041.
The Coast Guard encourages the
public to participate in this proposed
rulemaking through the comment
process so that any necessary changes
can be identified and implemented in a
timely and efficient manner. The Coast
Guard will address all public comments
accordingly, whether through response,
additional revision to the regulation, or
otherwise.
III. Discussion of Proposed Rule
Parts 100 and 165 of 33 CFR contain
regulations establishing special local
regulations and safety zones to restrict
vessel traffic for the safety of persons
and property. Section 100.100
establishes Special Local Regulations to
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ensure the safety and security of marine
related events, participants, and
spectators in the Coast Guard Sector
Long Island Sound Zone.
From time to time, these sections
require revisions to properly advertise
the recurring regulations and to remove
such regulations that have not been
enforced over a 5-year period in the
Coast Guard Sector Long Island Sound
Zone. This proposed rule would reduce
the number of events listed in the Table
1 to § 100.100 from 21 to 20.
The Coast Guard proposes to amend
regulations in 33 CFR 100.100 Special
Local Regulations; Regattas and Boat
Races in the Coast Guard Sector Long
Island Sound Captain of the Port Zone,
by revising § 100.100(a) to note that that
exact dates and times of the
enforcement period of marine events
listed in Table 1 to § 100.100 would be
made by means such as Local Notice to
Mariners and Broadcast Notice to
Mariners in advance of the events and
to revise the Table 1 to § 100.100 as
indicated below. Our proposed revision
of § 100.100(a) and Table 1 to § 100.100
appear at the end of this document.
Section 165.151, Table 1, establishes
recurring safety zones to restrict vessel
transit into and through specified areas
to protect spectators, mariners, and
other persons and property from
potential hazards presented during
certain events taking place in Sector
Long Island Sound’s COTP zone. From
time to time, this section requires
amendments to properly reflect the
recurring safety zones in Table 1. This
proposed rule would reduce the number
of events listed from in Table 1 from 74
to 29. Most of those removed are events
that no longer occur or do not require
a safety zone.
The Coast Guard proposes to amend
33 CFR 165.151 Safety Zones; Fireworks
Displays, Air Shows, and Swim Events
in the Captain of the Port Long Island
Sound Zone, by revising § 165.151(a)(2)
to note we would use Local Notice to
Mariners and Broadcast Notice to
Mariners to announce the exact dates
and times of the enforcement period of
marine events listed in Table 1 to
§ 165.151. These notifications would be
made in advance of the events. This
proposed rule would remove the current
provision in § 165.151(a)(2) that the
Coast Guard will publish notices in the
Federal Register to announce the exact
dates and times of the enforcement
period for events that do not have a date
for the event listed in the § 165.151.
This information would be made solely
via Local Notice to Mariners and
Broadcast Notice to Mariners.
Our proposed revision of
§ 165.151(a)(2) and Table 1 to § 165.151
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appear in the regulatory text at the end
of this document. The purpose of this
proposed rule is the same as for the
existing regulation, to restrict general
navigation in the safety zones during
these events. Vessels intending to transit
the designated waterway through the
safety zones will only be allowed to
transit the area when the COTP or a
designated representative has deemed it
safe to do so or at the completion of the
events. The proposed annually recurring
safety zones are necessary to provide for
the safety of life on navigable waters of
the U.S. during the events.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
A summary of our analyses based on
these statutes and Executive Orders
follows.
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.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, and
duration of the special local regulations
and safety zones. These regulated areas
are limited in size and duration and are
usually positioned away from high
vessel traffic areas. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zones and the rule would
allow vessels to seek permission to enter
the zones. Vessel traffic would also be
able to request permission from the
COTP or a designated representative to
enter the restricted area.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Proposed Rules
While some owners or operators of
vessels intending to transit these
regulated areas may be small entities,
for the reasons stated in section IV.A
above this proposed rule would not
have a significant economic impact on
any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. 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.
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C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please call or email the person
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listed in the FOR FURTHER INFORMATION
section.
CONTACT
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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
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 proposed
rule involves revising the tables to 33
CFR 100.100 and 33 CFR 165.151.
Normally such actions are categorically
excluded from further review under
paragraph L60a, L60b, and L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
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outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0001 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects
33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
33 CFR Part 165
Marine Safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR parts 100 and 165 as
follows:
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Proposed Rules
§ 100.100 Special Local Regulations;
Regattas and Boat Races in the Coast
Guard Sector Long Island Sound Captain of
the Port Zone.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Revise § 100.100 paragraph (a) and
Table 1 to § 100.100 to read as follows:
■
(a) The following regulations apply to
the marine events listed in the Table 1
to § 100.100. These regulations will be
enforced for the duration of each event,
on or about the dates indicated in Table
1 to 100.100. Notification of the exact
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dates and times of the enforcement
period would be made to the local
maritime community through all
appropriate means, such as Local Notice
to Mariners and Broadcast Notice to
Mariners, in advance of the marine
events. The First Coast Guard District
Local Notice to Mariners can be found
at: https://www.navcen.uscg.gov.
*
*
*
*
*
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TABLE 1 TO § 100.100
5
5.1
Harvard-Yale Regatta ......................................................................
5.2
Bethpage Air Show at Jones Beach ................................................
6
6.1
Swim Across America Greenwich ...................................................
7
7.1
Connecticut River Raft Race, Middletown, CT ................................
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May
• Date: A single day in May or June.
• Time: 8 a.m. to 6 p.m.
• Location: All waters of the Thames River at New London, Connecticut between the Penn Central Draw Bridge at position
41°21′46.94″ N, 072°05′14.46″ W to Bartlett Cove at position
41°25′35.9″ N, 072°05′42.89″ W (NAD 83). All positions are approximate.
• Date: The Thursday through Sunday before Memorial Day each
May.
• Time:
(1) ‘‘No Entry Area’’ will be enforced each day from the start of the air
show until 30 minutes after it concludes. Exact time will be determined annually.
(2) The ‘‘Slow/No Wake Area’’ and the ‘‘No Southbound Traffic Area’’
will be enforced each day for six hours after the air show concludes.
Exact time will be determined annually.
• Locations:
(1) ‘‘No Entry Area’’: All waters of Oyster Bay Harbor in Long Island
Sound off Oyster Bay, NY within a 1000-foot radius of the launch
platform in approximate position 40°53′42.50″ N, 073°30′04.30″ W
(NAD 83).
(2) ‘‘Slow/No Wake Area’’: All navigable waters between Meadowbrook
State Parkway and Wantagh State Parkway and contained within the
following area. Beginning in 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 position 40°39′14″ N, 73°34′0.76″ W; then
east along Merrick Road to its intersection with Wantagh State Parkway in 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 position 40°35′47.30″ N, 073°30′29.17″ W; then west along Ocean
Parkway to its intersection with Meadowbrook State Parkway at the
point of origin (NAD 83). All positions are approximate.
(3) ‘‘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 at position 40°36′29.20″ N, 073°29′22.88″ W and a point
near the eastern entrance of Zach’s Bay at position 40°36′16.53″ N,
073°28′57.26″ W (NAD 83). All positions are approximate.
June
• Date: A single day in June.
• Time: 5:30 a.m. to 12 p.m.
• Location: All navigable waters of Stamford Harbor within an area
starting at a point in position 41°01′32.03″ N, 073°33′8.93″ W, then
southeast to a point in position 41°01′15.01″ N, 073°32′55.58″ W;
then southwest to a point in position 41°0′49.25″ N, 073°33′20.36″
W; then northwest to a point in position 41°0′58″ N, 073°33′27″ W;
then northeast to a point in position 41°1′15.8″ N, 073°33′9.85″ W,
then heading north and ending at point of origin (NAD 83). All positions are approximate.
July
• Date: A single day between the last Saturday in July through first
Saturday of August.
• Time: 10 a.m. to 2 p.m.
• Location: All waters of the Connecticut River near Middletown, CT,
between Gildersleeve Island (Marker no. 99) at position 41°36′02.13″
N, 072°37′22.71″ W; and Portland Riverside Marina (Marker no. 88)
at position 41°33′38.3″ N, 072°37′36.53″ W (NAD 83). All positions
are approximate.
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TABLE 1 TO § 100.100—Continued
7.2
Dolan Family July 4th Fireworks .....................................................
7.3
Jones Beach State Park Fireworks .................................................
7.4
Maggie Fischer Cross Bay Swim ....................................................
7.5
Mystic Sharkfest Swim .....................................................................
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• Additional Stipulations: Spectators or other vessels shall 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.
• Date: A single day in July.
• Time: To be determined annually.
• Locations:
(1) ‘‘No Entry Area’’: All waters of Oyster Bay Harbor in Long Island
Sound off Oyster Bay, NY, within a 1,000-foot radius of the launch
platform in approximate position 40°53′42.50″ N, 073°30′04.30″ W
(NAD 83).
(2) ‘‘Slow/No Wake Area’’: All waters of Oyster Bay Harbor in Long Island Sound off Oyster Bay, NY, contained within the following area;
beginning at a point on land in position at 40°53′12.43″ N,
073°31′13.05″ W near Moses Point; then east across Oyster Bay
Harbor to a point on land in position at 40°53′15.12″ N,
073°30′38.45″ W; then north along the shoreline to a point on land in
position at 40°53′34.43″ N, 073°30′33.42″ W near Cove Point; then
east along the shoreline to a point on land in position at
40°53′41.67″ N, 073°29′40.74″ W near Cooper Bluff; then south
along the shoreline to a point on land in position 40°53′05.09″ N,
073°29′23.32″ W near Eel Creek; then east across Cold Spring Harbor to a point on land in position 40°53′06.69″ N, 073°28′19.9″ W;
then north along the shoreline to a point on land in position
40°55′24.09″ N, 073°29′49.09″ W near Whitewood Point; then west
across Oyster Bay to a point on land in position 40°55′5.29″ N,
073°31′19.47″ W near Rocky Point; then south along the shoreline to
a point on land in position 40°54′04.11″ N, 073°30′29.18″ W near
Plum Point; then northwest along the shoreline to a point on land in
position 40°54′09.06″ N, 073°30′45.71″ W; then southwest along the
shoreline to a point on land in position 40°54′03.2″ N, 073°31′01.29″
W; and then south along the shoreline back to point of origin (NAD
83). All positions are approximate.
• Date: A single day in July.
• Time: To be determined annually.
• Locations:
(1) ‘‘No Entry Area’’: All waters off of Jones Beach State Park,
Wantagh, NY, within a 1,000-foot radius of the launch platform in approximate position 40°34′56.68″ N, 073°30′31.19″ W (NAD 83).
(2) ‘‘Slow/No Wake Area’’: All navigable waters between Meadowbrook
State Parkway and Wantagh State Parkway and contained within the
following area. Beginning in position at 40°35′49.01″ N,
073°32′33.63″ W; then north along the Meadowbrook State Parkway
to its intersection with Merrick Road in position at 40°39′14″ N,
073°34′0.76″ W; then east along Merrick Road to its intersection with
Wantagh State Parkway in position at 40°39′51.32″ N, 073°30′43.36″
W; then south along the Wantagh State Parkway to its intersection
with Ocean Parkway in position at 40°35′47.30″ N, 073°30′29.17″ W;
then west along Ocean Parkway to its intersection with
Meadowbrook State Parkway at the point of origin (NAD 83). All positions are approximate.
(3) ‘‘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 position at 40°36′29.20″ N, 073°29′22.88″ W and a
point near the eastern entrance of Zach’s Bay in position at
40°36′16.53″ N, 073°28′57.26″ W (NAD 83). All positions are approximate.
• Date: A single day in July.
• Time: 5 a.m. to noon.
• Location: Waters of the Great South Bay, NY, within 100 yards of
the race course. Starting Point at the Fire Island Lighthouse Dock in
position at 40°38′01″ N, 073°13′07″ W; then north-by-northwest to a
point in position at 40°38′52″ N, 073°13′09″ W; then north-by-northwest to a point in position at 40°39′40″ N, 073°13′30″ W; then northby-northwest to a point in position at 40°40′30″ N, 073°14′00″ W;
and then north-by-northwest, finishing at Gilbert Park, Brightwaters,
NY at position 40°42′25″ N, 073°14′52″ W (NAD 83). All positions
are approximate.
• Date: A single day in July.
• Time: 8 a.m. to 9:30 a.m.
• Location: All waters of the Mystic River in Mystic, CT from Mystic
Seaport, down the Mystic River, under the Bascule Drawbridge at
41°21′17.046″ N, 071° 58′8.742″ W, to finish at the boat launch
ramp at the north end of Seaport Marine.
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TABLE 1 TO § 100.100—Continued
7.6
Charles Island Music Festival ..........................................................
7.7
Jamesport Triathlon .........................................................................
8
8.1
Riverfront Dragon Boat and Asian Festival
8.2
Swim Across the Sound ..................................................................
8.3
Island Beach Two Mile Swim ..........................................................
8.4
Smith Point Triathlon .......................................................................
8.5
Moriches Bay Swim .........................................................................
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• Date: A single day in July.
• Time: 11 a.m. to 6 p.m.
• Location: Waters of The Gulf, Milford, CT.
(1) ‘‘Non-Motorized Craft Loitering Area’’. Beginning directly in front of
the concert barge in position approximately at 41°11′47.2″ N,
073°3′30.6″ W; will cover a 25-yard width by 33-yard length rectangle.
(2) ‘‘The No Anchoring or Loitering Area’’. A 25-yard width section surrounding the sides of the non-motorized craft loitering area and the
sides and back of the concert barge located in a position approximately at 41°11′47.2″ N, 073°3′30.6″ W; then a 25 yard width extending from the south side of the concert barge in a direction northeast for approximately 750 yards.
(3) ‘‘Slow-No Wake Area’’. Beginning at the point northeast of Charles
Island at position 41°11′33.4″ N, 073°03′12.7″ W; then northwest,
parallel to The Bar towards Silver Sands State Beach to a point at
position 41°11′56.3″ N, 073°03′54.1″ W; then northeast along the
coast to Milford Harbor Buoy ‘‘10’’ at position 41°12′36.9″ N,
073°02′54.4″ W; then south along the coast of Gulf Beach to
Welches Point at position 41°12′06.8″ N, 073°02′16.6″ W; then westsouthwest to point of origin on Charles Island at position 41°11′33.4″
N, 073°03′12.7″ W.
(4) ‘‘Prohibited Area’’. A 10-yard radius surrounding Charles Island.
Regulations. All persons and vessels are prohibited from anchoring,
mooring, or loitering inside the ‘‘No Anchoring and Loitering Area’’
described in paragraph (2) of this section and the prohibited area described in paragraph (4) of this section and are subject to a ‘‘SlowNo Wake’’ speed limit. Vessels within the regulated area described
in paragraph (3) of this section may not produce more than a minimum wake and may not attain speeds greater than five knots unless
a higher minimum speed is necessary to maintain steerageway when
traveling with a strong current. In no case may the wake produced
by a vessel within the ‘‘Slow-No Wake’’ area be such that it creates
a danger of injury to persons or damage to vessels or structures unless specified by the COTP or their designated representative.
• Date: A single day in July.
• Time: 5:30 a.m. to 10 a.m.
• Location: Waters of the Great Peconic Bay, NY, 1000 feet east of
South Jamesport Beach and South Jamesport Park.
August
• Dates: A 2-day event in August.
• Time: 8 a.m. to 4:30 p.m. each day.
• Location: All waters of the Connecticut River in Hartford, CT, between the Bulkeley Bridge at 41°46′10.10″ N, 072°39′56.13″ W and
the Wilbur Cross Bridge at 41°45′11.67″ N, 072°39′13.64″ W (NAD
83). All positions are approximate.
• Date: A single day in August.
• Time: To be determined annually.
• Location: Waters of Long Island Sound from Port Jefferson, NY, in
approximate position 40°58′11.71″ N, 073°05′51.12″ W; then northwest to Captain’s Cove Seaport, Bridgeport, CT, in approximate position 41°09′25.07″ N, 073°12′47.82″ W (NAD 83).
• Date: A single day in August.
• Time: To be determined annually.
• Location: All waters of Captain Harbor between Little Captain’s Island and Bower’s Island that are located within the box formed by
connecting four points in the following positions. Beginning at
40°59′23.35″ N, 073°36′42.05″ W; then northwest to 40°59′51.04″ N,
073°37′57.32″ W; then southwest to 40°59′45.17″ N, 073°38′01.18″
W; then southeast to 40°59′17.38″ N, 073°36′45.9″ W; then northeast to the point of origin (NAD 83). All positions are approximate.
• Date: A single day in August.
• Time: 6 a.m. to 9 a.m.
• Location: All waters of Narrow Bay near Smith Point Park in Mastic
Beach, NY, within the area bounded by land along its southern edge
and points in position at 40°44′14.28″ N, 072°51′40.68″ W; then
north to a point at position 40°44′20.83″ N, 072°51′40.68″ W; then
east to a point at position 40°44′20.83″ N, 072°51′19.73″ W; then
south to a point at position 40°44′14.85″ N, 072°51′19.73″ W; and
then southwest along the shoreline back to the point of origin (NAD
83). All positions are approximate.
• Date: A single day in August.
• Time: To be determined annually.
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TABLE 1 TO § 100.100—Continued
9
9.1
Head of the Tomahawk ...................................................................
9.2
Huntington Lighthouse Music Festival .............................................
9.3
Dolan Family Labor Day Fireworks .................................................
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• Location: Waters of Moriches Bay in Westhampton, NY; 100-yard
width beginning from Speonk Point, NY to Gunning Point, NY.
September
• Date: A single day in September.
• Time: To be determined annually.
• Location: All navigable waters of the Connecticut River off South
Glastonbury, CT. Beginning at position 41°41′18.88″ N;
072°37′16.26″ W; then downriver along the west bank to a point at
position 41°38′49.12″ N, 072°37′32.73″ W; then across the Connecticut River to a point at position 41°38′49.5″ N, 072°37′19.55″ W;
then upriver along the east bank to a point at position 41°41′25.82″
N, 072°37′9.08″ W; then across the Connecticut River to the point of
origin (NAD 83).
• Date: Saturday or Sunday during the first week of September.
• Time: 10 a.m. to 8 p.m.
• Location: Waters of Huntington Bay, Long Island, NY.
(1) ‘‘The Lloyd Harbor Mooring Area’’. Beginning at the Huntington
Lighthouse, NY in position at 40°54′38″ N, 073°25′52″ W; then
southwest to a point in position at 40°54′28.47″ N, 073°26′17.59″ W;
then west along the coast of West Neck to a point in position at
40°54′46.32″ N, 073°26′56.25″ W; then north to a point in position at
40°54′56.24″ N, 073°26′56.24″ W; then east along Lloyd Neck to a
point in position at 40°54′49.78″ N, 073°26′8.51″ W; then northnortheast along the coast of Lloyd Neck to a point in position at
40°55′5.58″ N, 073°25′50.22″ W; and then to point of origin at Huntington Lighthouse, NY in position at 40°54′38″ N, 073°25′52″ W.
(2) ‘‘The East of Channel Mooring Area’’. Beginning at the point in position at 40°54′23.21″ N, 073°25′35.55″ W; then west along the coast
of Wincoma, NY to a point in position at 40°54′23″ N, 073°25′55.7″
W; then northeast to a point in position at 40°54′37.7″ N,
073°25′42.4″ W; then southeast to a point in position at 40°54′34.4″
N, 073°25′29.4″ W; and then to point of origin in position at
40°54′23.21″ N, 073°25′35.55″ W.
(3) ‘‘Slow-No Wake Area’’. All waters of Lloyd Harbor and waters of
Huntington Bay south of a line from Target Rock National Wildlife
Refuge at a point in position at 40°55′38.77″ N, 073°25′45.96″ and
the south tip of Eaton’s Neck at a point in position 40°54′51.44″ N,
073°24′17.76″ W. All coordinates are approximate and are based on
datum NAD 1983.
Regulations. All persons and vessels are prohibited from anchoring,
mooring, or loitering outside the designated mooring areas and are
subject to a ‘‘Slow-No Wake’’ speed limit. Vessels within the regulated area described in paragraph (3) of this section may not
produce more than a minimum wake and may not attain speeds
greater than five knots unless a higher minimum speed is necessary
to maintain steerageway when traveling with a strong current. In no
case may the wake produced by a vessel within the ‘‘Slow-No
Wake’’ area be such that it creates a danger of injury to persons or
damage to vessels or structures unless specified by the COTP or
their designated representative.
• Date: A single day in September.
• Time: To be determined annually.
• Locations:
(1) ‘‘No Entry Area’’: All waters of Oyster Bay Harbor in Long Island
Sound off Oyster Bay, NY, within a 1,000-foot radius of the launch
platform in approximate position 40°53′42.50″ N, 073°30′04.30″ W
(NAD 83).
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TABLE 1 TO § 100.100—Continued
10.1
Head of the Riverfront Rowing Regatta ........................................
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. The authority citation for Part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
(2) ‘‘Slow/No Wake Area’’: All waters of Oyster Bay Harbor in Long Island Sound off Oyster Bay, NY, contained within the following area;
beginning at a point on land in position at 40°53′12.43″ N,
073°31′13.05″ W near Moses Point; then east across Oyster Bay
Harbor to a point on land in position at 40°53′15.12″ N,
073°30′38.45″ W; then north along the shoreline to a point on land in
position at 40°53′34.43″ N, 073°30′33.42″ W near Cove Point; then
east along the shoreline to a point on land in position at
40°53′41.67″ N, 073°29′40.74″ W near Cooper Bluff; then south
along the shoreline to a point on land in position 40°53′05.09″ N,
073°29′23.32″ W near Eel Creek; then east across Cold Spring Harbor to a point on land in position 40°53′06.69″ N, 073°28′19.9″ W;
then north along the shoreline to a point on land in position
40°55′24.09″ N, 073°29′49.09″ W near Whitewood Point; then west
across Oyster Bay to a point on land in position 40°55′5.29″ N,
073°31′19.47″ W near Rocky Point; then south along the shoreline to
a point on land in position 40°54′04.11″ N, 073°30′29.18″ W near
Plum Point; then northwest along the shoreline to a point on land in
position 40°54′09.06″ N, 073°30′45.71″ W; then southwest along the
shoreline to a point on land in position 40°54′03.2″ N, 073°31′01.29″
W; and then south along the shoreline back to point of origin (NAD
83). All positions are approximate.
Date: A single day in October.
Time: 5:30 a.m. to 5:30 p.m.
Location: All waters of the Connecticut River, Hartford, CT between at
point North of Wethersfield Cove at 41°43′52.17″ N, 072°38′40.38″
W and the Riverside Boat House 41°46′30.98″ N, 072°39′54.35″ W
(NAD 83).
4. Revise § 165.151 paragraph (a)(2)
and Table 1 to § 165.151 to read as
follows:
■
§ 165.151 Safety Zones; Fireworks
Displays, Air Shows and Swim Events in the
Captain of the Port Long Island Sound
Zone.
(a) * * *
(2) These regulations will be enforced
for the duration of each event, on or
about the dates indicated. In advance of
the event, notifications will be made to
the local maritime community through
all appropriate means such as Local
Notice to Mariners and Broadcast Notice
to Mariners as to the exact dates and
times of the enforcement period for an
event. The First Coast Guard District
Local Notice to Mariners can be found
at: https://www.navcen.uscg.gov.
*
*
*
*
*
ddrumheller on DSK120RN23PROD with PROPOSALS1
TABLE 1 TO § 165.151
4
4.1
Bridgeport Bluefish April Fireworks .................................................
6
6.1
Barnum Festival Fireworks ..............................................................
6.2
Salute to Veterans Fireworks ..........................................................
7
7.1
Point O’Woods Fire Company Summer Fireworks .........................
7.2
City of Norwalk Fireworks ................................................................
7.3
Sag Harbor Fireworks ......................................................................
7.4
Southampton Fresh Air Home Fireworks ........................................
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April
• Date: A single day in April.
• Time: To be determined annually.
June
• Date: A single day in June or July.
• Time: To be determined annually.
• Location: Waters of Bridgeport Harbor, Bridgeport, CT in approximate position 41°9′04″ N, 073°12′49″ W. (NAD 83).
• Date: A single day in June.
• Location: Waters of Reynolds Channel off Hempstead, NY in approximate position 40°35′36.62″ N, 073°35′20.72″ W. (NAD 83).
July
• Date: A single day in July.
• Time: 9 p.m. to 11 p.m.
• Location: Waters of the Great South Bay, Point O’Woods, NY, in approximate position 40°39′18.57″ N, 073°08′5.73″ W (NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters off Calf Pasture Beach, Norwalk, CT, in approximate position, 41°04′50″ N, 073°23′22″ W (NAD 83).
• Date: A single day in July.
• Time: 9 p.m. to 10 p.m.
• Location: Waters of Sag Harbor Bay off Havens Beach, Sag Harbor,
NY, in approximate position 41°00′26″ N, 072°17′9″ W (NAD 83).
• Location: Waters of the Thames River, Norwich, CT in approximate
position, 41°31′16.835″ N, 072°04′43.327″ W (NAD 83).
• Date: A single day in July.
• Time: 9 p.m. to 10:30 p.m.
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TABLE 1 TO § 165.151—Continued
7.5
City of Middletown Fireworks ...........................................................
7.6
City of Norwich Fireworks ................................................................
7.7
City of Stamford Independence Day Celebration ............................
7.8
CDM Chamber of Commerce Annual Music Fest Fireworks ..........
7.9
Riverfest Fireworks ..........................................................................
ddrumheller on DSK120RN23PROD with PROPOSALS1
7.10 Village of Asharoken Fireworks .......................................................
7.11
Village of Port Jefferson Fireworks ................................................
7.12
Village of Quoque Foundering Anniversary Fireworks ..................
7.13
Mashantucket Pequot Fireworks (Sailfest) ....................................
7.14
Shelter Island Fireworks ................................................................
7.15
Town of North Hempstead Bar Beach Fireworks ..........................
7.16
City of Rowayton Fireworks ...........................................................
7.17
Connetquot River Summer Fireworks ...........................................
8
8.1
Taste of Italy Fireworks ...................................................................
8.2
City of Stamford Fireworks ..............................................................
9
9.1
Village of Island Park Labor Day Celebration Fireworks ................
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• Location: Waters of Shinnecock Bay, Southampton, NY, in approximate position, 40°51′48″ N, 072°26′30″ W (NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 11:30 p.m.
• Location: Waters of the Connecticut River, Middletown Harbor, Middletown, CT, in approximate position 41°33′44.47″ N, 072°38′37.88″
W (NAD 83).
• Date: A single day in July
• Time: 9 p.m. to 11 p.m.
• Location: Waters of the Thames River, Norwich, CT, in approximate
position, 41°31′16.835″ N, 072°04′43.327″ W (NAD 83).
• Date: A single day in July.
• Time: 9 p.m. to 11 p.m.
• Location: Waters of Fisher’s Westcott Cove, Stamford, CT, in approximate position 41°02′09.56″ N, 073°30′57.76″ W (NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters off Cedar Beach Town Park, Mount Sinai, NY, in
approximate position 40°57′59.58″ N, 073°01′57.87″ W (NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of the Connecticut River, Hartford, CT, in approximate positions, 41°45′39.93″ N, 072°39′49.14″ W (NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Northport Bay, Asharoken, NY, in approximate
position, 41°55′54.04″ N, 073°21′27.97″ W (NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Port Jefferson Harbor, Port Jefferson, NY, in approximate position 40°57′10.11″ N, 073°04′28.01″ W (NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Quantuck Bay, Quoque, NY, in approximate position 40°48′42.99″ N, 072°37′20.20″ W (NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 11 p.m.
• Location: Waters of the Thames River, New London, CT, in approximate positions Barge 1, 41°21′03.03″ N, 072°5′24.5″ W, Barge 2,
41°20′51.75″ N, 072°5′18.90″ W (NAD 83).
• Date: A single day in July.
• Time: 9 p.m. to 11 p.m.
• Location: Waters of Gardiner Bay, Shelter Island, NY, in approximate
position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Hempstead Harbor, North Hempstead, NY, in
approximate position 40°49′54″ N, 073°39′14″ W (NAD 83).
• Date: A single day in July.
• Time: 9 p.m. to 11 p.m.
• Location: Waters of Long Island Sound south of Bayley Beach Park,
Rowayton, CT, in approximate position 41°03′11″ N, 073°26′41″ W
(NAD 83).
• Date: A single day in July.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of the Connetquot River off Snapper Inn Restaurant, Oakdale, NY, in approximate position 40°43′32.38″ N,
073°9′02.64″ W (NAD 83).
August
• Date: A single day in August.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Norwich Harbor, off Norwich Marina, Norwich,
CT, in approximate position 41°31′17.72″ N, 072°04′43.41″ W (NAD
83).
• Date: A single day in August.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Stamford Harbor, off Kosciuszco Park, Stamford,
CT, in approximate position 41°01′48.46″ N, 073°32′15.32″ W (NAD
83).
September
• Date: A single day in September.
• Time: 8:30 p.m. to 10:30 p.m.
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TABLE 1 TO § 165.151—Continued
9.2
Archangel Michael Greek Orthodox Church Fireworks ...................
9.3
Port Washington Sons of Italy Fireworks ........................................
9.4
Town of Hempstead ‘‘Big Shot’’ Concert and Fireworks Display ....
11
11.1
Charles W. Morgan Anniversary Fireworks ...................................
11.2
Connetquot River Fall Fireworks ...................................................
Dated: March 15, 2023.
S.A. Koch,
Commander, U.S. Coast Guard Alternate
Captain of the Port Long Island Sound.
• Location: Waters off Village of Island Park Fishing Pier, Village
Beach, NY, in approximate position 40°36′30.95″ N, 073°39′22.23″
W (NAD 83).
• Date: A single day in September or October.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Hempstead Harbor off Bar Beach Town Park,
Port Washington, NY, in approximate position 40°49′42″ N,
073°39′07″ W (NAD 83).
• Date: A single day in September.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Hempstead Harbor off Bar Beach, North Hempstead, NY, in approximate position 40°49′48.04″ N, 073°39′24.32″ W
(NAD 83).
• Date: A single day in September.
• Time: 9:30 p.m. to 11:59 p.m.
• Location: Waters of Reynolds Channel at Lido Beach in Town of
Hempstead, NY, in approximate position 40°35′36.81″ N,
073°35′20.37″ W (NAD 83).
November
• Date: A single day in November.
• Time: 8 p.m. to 11 p.m.
• Location: Waters of the Mystic River, north of the Mystic Seaport
Light, Mystic, CT, in approximate position 41°21′56.455″ N,
071°57′58.32″ W (NAD 83).
• Date: A single day in November.
• Time: 8 p.m. to 11 p.m.
• Location: Waters of the Connetquot River off Snapper Inn Restaurant, Oakdale, NY, in approximate position 40°43′32.38″ N,
073°09′02.64″ W (NAD 83).
language and formatting changes. EPA is
proposing to approve these changes
pursuant to the Clean Air Act (CAA or
Act).
[FR Doc. 2023–05955 Filed 3–22–23; 8:45 am]
Comments must be received on
or before April 24, 2023.
DATES:
BILLING CODE 9110–04–P
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2022–0428 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commentingepa-dockets.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0428; FRL–9991–01–
R4]
Air Plan Approval; North Carolina; Air
Quality Control, Revisions to
Particulates From Fugitive Dust
Emissions Sources Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
changes to the North Carolina State
Implementation Plan (SIP), submitted
by the State of North Carolina through
the North Carolina Division of Air
Quality (NCDAQ), through a letter dated
September 10, 2021. The SIP revision
includes changes to the fugitive dust
emissions rule in the State’s SIP that
modify several definitions, clarify its
applicability requirements, adjust the
requirement for fugitive dust control
plan submissions, and make minor
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:54 Mar 22, 2023
Jkt 259001
PO 00000
Frm 00074
Fmt 4702
Sfmt 4702
FOR FURTHER INFORMATION CONTACT:
Pearlene Williams-Miles, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, North Carolina
30303–8960. The telephone number is
(404) 562–9144. Ms. Williams-Miles can
also be reached via electronic mail at
WilliamsMiles.Pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
North Carolina adopted 15 NCAC 02D
.0540, Particulates from Fugitive NonProcess Dust Emission Sources
(hereinafter Rule 02D .0540), in 1998 to
regulate excess non-process fugitive
dust emissions generated from activities
associated with four specified source
categories (i.e., hot mix asphalt plants;
mica or feldspar processing plants;
sand, gravel, or crushed stone
operations; and light weight aggregate
processes). On November 10, 1999, EPA
incorporated this particulate matter
fugitive emission control regulation into
the North Carolina SIP at Section
.0500—Emission Control Standards
under Subchapter 2D—Air Pollution
Control Requirements of the North
Carolina SIP.1 See 64 FR 61213. Later,
1 In the table of North Carolina regulations
federally approved into the SIP at 40 CFR
52.1770(c), 15A NCAC 02D is referred to as
E:\FR\FM\23MRP1.SGM
Continued
23MRP1
]]>Agencies
[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17470-17479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05955]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2023-0001]
RIN 1625-AA08 and 1625-AA00
Special Local Regulations and Safety Zones; Recurring Marine
Events, Fireworks Displays, and Swim Events Held in the Coast Guard
Sector Long Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to amend the special local
regulations and annual recurring marine events requiring safety zones
for fireworks displays and swim events along the Coast Guard Sector
Long Island Sound Captain of the Port Zone. When enforced, these
special local regulations and safety zones restrict vessels from
transiting regulated areas during certain annually recurring events.
The proposed amendments to the special local regulations and safety
zones are intended to expedite public notification and ensure the
protection of the maritime public and event participants from the
hazards associated with certain marine events. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 24, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0001 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician 2nd Class
Mark Paget, Waterways Management Division, Sector Long Island Sound;
telephone (203) 468-4583; email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 17471]]
II. Background, Purpose, and Legal Basis
Swim events, fireworks displays, and marine events are held on an
annual recurring basis on the navigable waters within the Coast Guard
Sector Long Island Sound COTP Zone. The Coast Guard has established
special local regulations and safety zones for some of these annually
recurring events to ensure the protection of the maritime public and
event participants from potential hazards.
The COTP Sector Long Island Sound proposes to revise 33 CFR 100.100
Special Local Regulations; Regattas and Boat Races in the Coast Guard
Sector Long Island Sound Captain of the Port Zone, Table 1 to Sec.
100.100 and 33 CFR 165.151 Safety Zones; Fireworks Displays, Air Shows,
and Swim Events in the Captain of the Port Long Island Sound Zone,
Table 1 to Sec. 165.151 and to make notifications of the enforcement
periods of exact dates and times through the Local Notice to Mariners
and Broadcast Notice to Mariners in advance of the events. Under these
current regulations, Sec. 100.100 and 165.151, if an event does not
have a date listed, then exact dates and times of the enforcement
period are announced through a Notice of Enforcement in the Federal
Register.
The marine events listed therein include air shows, firework
displays, swim events, and other marine related events requiring a
limited access area restricting vessel traffic for safety purposes. The
proposed revision to the tables would more accurately reflect the dates
of marine events based on historical occurrences.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after a scheduled event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 and 70041.
The Coast Guard encourages the public to participate in this
proposed rulemaking through the comment process so that any necessary
changes can be identified and implemented in a timely and efficient
manner. The Coast Guard will address all public comments accordingly,
whether through response, additional revision to the regulation, or
otherwise.
III. Discussion of Proposed Rule
Parts 100 and 165 of 33 CFR contain regulations establishing
special local regulations and safety zones to restrict vessel traffic
for the safety of persons and property. Section 100.100 establishes
Special Local Regulations to ensure the safety and security of marine
related events, participants, and spectators in the Coast Guard Sector
Long Island Sound Zone.
From time to time, these sections require revisions to properly
advertise the recurring regulations and to remove such regulations that
have not been enforced over a 5-year period in the Coast Guard Sector
Long Island Sound Zone. This proposed rule would reduce the number of
events listed in the Table 1 to Sec. 100.100 from 21 to 20.
The Coast Guard proposes to amend regulations in 33 CFR 100.100
Special Local Regulations; Regattas and Boat Races in the Coast Guard
Sector Long Island Sound Captain of the Port Zone, by revising Sec.
100.100(a) to note that that exact dates and times of the enforcement
period of marine events listed in Table 1 to Sec. 100.100 would be
made by means such as Local Notice to Mariners and Broadcast Notice to
Mariners in advance of the events and to revise the Table 1 to Sec.
100.100 as indicated below. Our proposed revision of Sec. 100.100(a)
and Table 1 to Sec. 100.100 appear at the end of this document.
Section 165.151, Table 1, establishes recurring safety zones to
restrict vessel transit into and through specified areas to protect
spectators, mariners, and other persons and property from potential
hazards presented during certain events taking place in Sector Long
Island Sound's COTP zone. From time to time, this section requires
amendments to properly reflect the recurring safety zones in Table 1.
This proposed rule would reduce the number of events listed from in
Table 1 from 74 to 29. Most of those removed are events that no longer
occur or do not require a safety zone.
The Coast Guard proposes to amend 33 CFR 165.151 Safety Zones;
Fireworks Displays, Air Shows, and Swim Events in the Captain of the
Port Long Island Sound Zone, by revising Sec. 165.151(a)(2) to note we
would use Local Notice to Mariners and Broadcast Notice to Mariners to
announce the exact dates and times of the enforcement period of marine
events listed in Table 1 to Sec. 165.151. These notifications would be
made in advance of the events. This proposed rule would remove the
current provision in Sec. 165.151(a)(2) that the Coast Guard will
publish notices in the Federal Register to announce the exact dates and
times of the enforcement period for events that do not have a date for
the event listed in the Sec. 165.151. This information would be made
solely via Local Notice to Mariners and Broadcast Notice to Mariners.
Our proposed revision of Sec. 165.151(a)(2) and Table 1 to Sec.
165.151 appear in the regulatory text at the end of this document. The
purpose of this proposed rule is the same as for the existing
regulation, to restrict general navigation in the safety zones during
these events. Vessels intending to transit the designated waterway
through the safety zones will only be allowed to transit the area when
the COTP or a designated representative has deemed it safe to do so or
at the completion of the events. The proposed annually recurring safety
zones are necessary to provide for the safety of life on navigable
waters of the U.S. during the events.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. A summary of our analyses
based on these statutes and Executive Orders follows.
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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the special local regulations and safety
zones. These regulated areas are limited in size and duration and are
usually positioned away from high vessel traffic areas. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zones and the rule would allow vessels to
seek permission to enter the zones. Vessel traffic would also be able
to request permission from the COTP or a designated representative to
enter the restricted area.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
[[Page 17472]]
While some owners or operators of vessels intending to transit
these regulated areas may be small entities, for the reasons stated in
section IV.A above this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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 proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves revising
the tables to 33 CFR 100.100 and 33 CFR 165.151. Normally such actions
are categorically excluded from further review under paragraph L60a,
L60b, and L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0001 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects
33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
33 CFR Part 165
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR parts 100 and 165 as follows:
[[Page 17473]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Revise Sec. 100.100 paragraph (a) and Table 1 to Sec. 100.100 to
read as follows:
Sec. 100.100 Special Local Regulations; Regattas and Boat Races in
the Coast Guard Sector Long Island Sound Captain of the Port Zone.
(a) The following regulations apply to the marine events listed in
the Table 1 to Sec. 100.100. These regulations will be enforced for
the duration of each event, on or about the dates indicated in Table 1
to 100.100. Notification of the exact dates and times of the
enforcement period would be made to the local maritime community
through all appropriate means, such as Local Notice to Mariners and
Broadcast Notice to Mariners, in advance of the marine events. The
First Coast Guard District Local Notice to Mariners can be found at:
https://www.navcen.uscg.gov.
* * * * *
Table 1 to Sec. 100.100
------------------------------------------------------------------------
------------------------------------------------------------------------
5 May
5.1 Harvard-Yale Regatta............... Date: A single day in
May or June.
Time: 8 a.m. to 6 p.m.
Location: All waters
of the Thames River at New
London, Connecticut between
the Penn Central Draw Bridge
at position 41[deg]21'46.94''
N, 072[deg]05'14.46'' W to
Bartlett Cove at position
41[deg]25'35.9'' N,
072[deg]05'42.89'' W (NAD 83).
All positions are approximate.
5.2 Bethpage Air Show at Jones Beach... Date: The Thursday
through Sunday before Memorial
Day each May.
Time:
(1) ``No Entry Area'' will be
enforced each day from the
start of the air show until 30
minutes after it concludes.
Exact time will be determined
annually.
(2) The ``Slow/No Wake Area''
and the ``No Southbound
Traffic Area'' will be
enforced each day for six
hours after the air show
concludes. Exact time will be
determined annually.
Locations:
(1) ``No Entry Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY within a 1000-foot
radius of the launch platform
in approximate position
40[deg]53'42.50'' N,
073[deg]30'04.30'' W (NAD 83).
(2) ``Slow/No Wake Area'': All
navigable waters between
Meadowbrook State Parkway and
Wantagh State Parkway and
contained within the following
area. Beginning in 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 position 40[deg]39'14'' N,
73[deg]34'0.76'' W; then east
along Merrick Road to its
intersection with Wantagh
State Parkway in 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 position
40[deg]35'47.30'' N,
073[deg]30'29.17'' W; then
west along Ocean Parkway to
its intersection with
Meadowbrook State Parkway at
the point of origin (NAD 83).
All positions are approximate.
(3) ``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 at position
40[deg]36'29.20'' N,
073[deg]29'22.88'' W and a
point near the eastern
entrance of Zach's Bay at
position 40[deg]36'16.53'' N,
073[deg]28'57.26'' W (NAD 83).
All positions are approximate.
6 June
6.1 Swim Across America Greenwich...... Date: A single day in
June.
Time: 5:30 a.m. to 12
p.m.
Location: All
navigable waters of Stamford
Harbor within an area starting
at a point in position
41[deg]01'32.03'' N,
073[deg]33'8.93'' W, then
southeast to a point in
position 41[deg]01'15.01'' N,
073[deg]32'55.58'' W; then
southwest to a point in
position 41[deg]0'49.25'' N,
073[deg]33'20.36'' W; then
northwest to a point in
position 41[deg]0'58'' N,
073[deg]33'27'' W; then
northeast to a point in
position 41[deg]1'15.8'' N,
073[deg]33'9.85'' W, then
heading north and ending at
point of origin (NAD 83). All
positions are approximate.
7 July
7.1 Connecticut River Raft Race, Date: A single day
Middletown, CT. between the last Saturday in
July through first Saturday of
August.
Time: 10 a.m. to 2
p.m.
Location: All waters
of the Connecticut River near
Middletown, CT, between
Gildersleeve Island (Marker
no. 99) at position
41[deg]36'02.13'' N,
072[deg]37'22.71'' W; and
Portland Riverside Marina
(Marker no. 88) at position
41[deg]33'38.3'' N,
072[deg]37'36.53'' W (NAD 83).
All positions are approximate.
[[Page 17474]]
Additional
Stipulations: Spectators or
other vessels shall 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.
7.2 Dolan Family July 4th Fireworks.... Date: A single day in
July.
Time: To be determined
annually.
Locations:
(1) ``No Entry Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY, within a 1,000-foot
radius of the launch platform
in approximate position
40[deg]53'42.50'' N,
073[deg]30'04.30'' W (NAD 83).
(2) ``Slow/No Wake Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY, contained within the
following area; beginning at a
point on land in position at
40[deg]53'12.43'' N,
073[deg]31'13.05'' W near
Moses Point; then east across
Oyster Bay Harbor to a point
on land in position at
40[deg]53'15.12'' N,
073[deg]30'38.45'' W; then
north along the shoreline to a
point on land in position at
40[deg]53'34.43'' N,
073[deg]30'33.42'' W near Cove
Point; then east along the
shoreline to a point on land
in position at
40[deg]53'41.67'' N,
073[deg]29'40.74'' W near
Cooper Bluff; then south along
the shoreline to a point on
land in position
40[deg]53'05.09'' N,
073[deg]29'23.32'' W near Eel
Creek; then east across Cold
Spring Harbor to a point on
land in position
40[deg]53'06.69'' N,
073[deg]28'19.9'' W; then
north along the shoreline to a
point on land in position
40[deg]55'24.09'' N,
073[deg]29'49.09'' W near
Whitewood Point; then west
across Oyster Bay to a point
on land in position
40[deg]55'5.29'' N,
073[deg]31'19.47'' W near
Rocky Point; then south along
the shoreline to a point on
land in position
40[deg]54'04.11'' N,
073[deg]30'29.18'' W near Plum
Point; then northwest along
the shoreline to a point on
land in position
40[deg]54'09.06'' N,
073[deg]30'45.71'' W; then
southwest along the shoreline
to a point on land in position
40[deg]54'03.2'' N,
073[deg]31'01.29'' W; and then
south along the shoreline back
to point of origin (NAD 83).
All positions are approximate.
7.3 Jones Beach State Park Fireworks... Date: A single day in
July.
Time: To be determined
annually.
Locations:
(1) ``No Entry Area'': All
waters off of Jones Beach
State Park, Wantagh, NY,
within a 1,000-foot radius of
the launch platform in
approximate position
40[deg]34'56.68'' N,
073[deg]30'31.19'' W (NAD 83).
(2) ``Slow/No Wake Area'': All
navigable waters between
Meadowbrook State Parkway and
Wantagh State Parkway and
contained within the following
area. Beginning in position at
40[deg]35'49.01'' N,
073[deg]32'33.63'' W; then
north along the Meadowbrook
State Parkway to its
intersection with Merrick Road
in position at 40[deg]39'14''
N, 073[deg]34'0.76'' W; then
east along Merrick Road to its
intersection with Wantagh
State Parkway in position at
40[deg]39'51.32'' N,
073[deg]30'43.36'' W; then
south along the Wantagh State
Parkway to its intersection
with Ocean Parkway in position
at 40[deg]35'47.30'' N,
073[deg]30'29.17'' W; then
west along Ocean Parkway to
its intersection with
Meadowbrook State Parkway at
the point of origin (NAD 83).
All positions are approximate.
(3) ``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 position at
40[deg]36'29.20'' N,
073[deg]29'22.88'' W and a
point near the eastern
entrance of Zach's Bay in
position at 40[deg]36'16.53''
N, 073[deg]28'57.26'' W (NAD
83). All positions are
approximate.
7.4 Maggie Fischer Cross Bay Swim...... Date: A single day in
July.
Time: 5 a.m. to noon.
Location: Waters of
the Great South Bay, NY,
within 100 yards of the race
course. Starting Point at the
Fire Island Lighthouse Dock in
position at 40[deg]38'01'' N,
073[deg]13'07'' W; then north-
by-northwest to a point in
position at 40[deg]38'52'' N,
073[deg]13'09'' W; then north-
by-northwest to a point in
position at 40[deg]39'40'' N,
073[deg]13'30'' W; then north-
by-northwest to a point in
position at 40[deg]40'30'' N,
073[deg]14'00'' W; and then
north-by-northwest, finishing
at Gilbert Park, Brightwaters,
NY at position 40[deg]42'25''
N, 073[deg]14'52'' W (NAD 83).
All positions are approximate.
7.5 Mystic Sharkfest Swim.............. Date: A single day in
July.
Time: 8 a.m. to 9:30
a.m.
Location: All waters
of the Mystic River in Mystic,
CT from Mystic Seaport, down
the Mystic River, under the
Bascule Drawbridge at
41[deg]21'17.046'' N, 071[deg]
58'8.742'' W, to finish at the
boat launch ramp at the north
end of Seaport Marine.
[[Page 17475]]
7.6 Charles Island Music Festival...... Date: A single day in
July.
Time: 11 a.m. to 6
p.m.
Location: Waters of
The Gulf, Milford, CT.
(1) ``Non-Motorized Craft
Loitering Area''. Beginning
directly in front of the
concert barge in position
approximately at
41[deg]11'47.2'' N,
073[deg]3'30.6'' W; will cover
a 25-yard width by 33-yard
length rectangle.
(2) ``The No Anchoring or
Loitering Area''. A 25-yard
width section surrounding the
sides of the non-motorized
craft loitering area and the
sides and back of the concert
barge located in a position
approximately at
41[deg]11'47.2'' N,
073[deg]3'30.6'' W; then a 25
yard width extending from the
south side of the concert
barge in a direction northeast
for approximately 750 yards.
(3) ``Slow-No Wake Area''.
Beginning at the point
northeast of Charles Island at
position 41[deg]11'33.4'' N,
073[deg]03'12.7'' W; then
northwest, parallel to The Bar
towards Silver Sands State
Beach to a point at position
41[deg]11'56.3'' N,
073[deg]03'54.1'' W; then
northeast along the coast to
Milford Harbor Buoy ``10'' at
position 41[deg]12'36.9'' N,
073[deg]02'54.4'' W; then
south along the coast of Gulf
Beach to Welches Point at
position 41[deg]12'06.8'' N,
073[deg]02'16.6'' W; then west-
southwest to point of origin
on Charles Island at position
41[deg]11'33.4'' N,
073[deg]03'12.7'' W.
(4) ``Prohibited Area''. A 10-
yard radius surrounding
Charles Island.
Regulations. All persons and
vessels are prohibited from
anchoring, mooring, or
loitering inside the ``No
Anchoring and Loitering Area''
described in paragraph (2) of
this section and the
prohibited area described in
paragraph (4) of this section
and are subject to a ``Slow-No
Wake'' speed limit. Vessels
within the regulated area
described in paragraph (3) of
this section may not produce
more than a minimum wake and
may not attain speeds greater
than five knots unless a
higher minimum speed is
necessary to maintain
steerageway when traveling
with a strong current. In no
case may the wake produced by
a vessel within the ``Slow-No
Wake'' area be such that it
creates a danger of injury to
persons or damage to vessels
or structures unless specified
by the COTP or their
designated representative.
7.7 Jamesport Triathlon................ Date: A single day in
July.
Time: 5:30 a.m. to 10
a.m.
Location: Waters of
the Great Peconic Bay, NY,
1000 feet east of South
Jamesport Beach and South
Jamesport Park.
8 August
8.1 Riverfront Dragon Boat and Asian Dates: A 2-day event
Festival in August.
Time: 8 a.m. to 4:30
p.m. each day.
Location: All waters
of the Connecticut River in
Hartford, CT, between the
Bulkeley Bridge at
41[deg]46'10.10'' N,
072[deg]39'56.13'' W and the
Wilbur Cross Bridge at
41[deg]45'11.67'' N,
072[deg]39'13.64'' W (NAD 83).
All positions are approximate.
8.2 Swim Across the Sound.............. Date: A single day in
August.
Time: To be determined
annually.
Location: Waters of
Long Island Sound from Port
Jefferson, NY, in approximate
position 40[deg]58'11.71'' N,
073[deg]05'51.12'' W; then
northwest to Captain's Cove
Seaport, Bridgeport, CT, in
approximate position
41[deg]09'25.07'' N,
073[deg]12'47.82'' W (NAD 83).
8.3 Island Beach Two Mile Swim......... Date: A single day in
August.
Time: To be determined
annually.
Location: All waters
of Captain Harbor between
Little Captain's Island and
Bower's Island that are
located within the box formed
by connecting four points in
the following positions.
Beginning at 40[deg]59'23.35''
N, 073[deg]36'42.05'' W; then
northwest to 40[deg]59'51.04''
N, 073[deg]37'57.32'' W; then
southwest to 40[deg]59'45.17''
N, 073[deg]38'01.18'' W; then
southeast to 40[deg]59'17.38''
N, 073[deg]36'45.9'' W; then
northeast to the point of
origin (NAD 83). All positions
are approximate.
8.4 Smith Point Triathlon.............. Date: A single day in
August.
Time: 6 a.m. to 9 a.m.
Location: All waters
of Narrow Bay near Smith Point
Park in Mastic Beach, NY,
within the area bounded by
land along its southern edge
and points in position at
40[deg]44'14.28'' N,
072[deg]51'40.68'' W; then
north to a point at position
40[deg]44'20.83'' N,
072[deg]51'40.68'' W; then
east to a point at position
40[deg]44'20.83'' N,
072[deg]51'19.73'' W; then
south to a point at position
40[deg]44'14.85'' N,
072[deg]51'19.73'' W; and then
southwest along the shoreline
back to the point of origin
(NAD 83). All positions are
approximate.
8.5 Moriches Bay Swim.................. Date: A single day in
August.
Time: To be determined
annually.
[[Page 17476]]
Location: Waters of
Moriches Bay in Westhampton,
NY; 100-yard width beginning
from Speonk Point, NY to
Gunning Point, NY.
9 September
9.1 Head of the Tomahawk............... Date: A single day in
September.
Time: To be determined
annually.
Location: All
navigable waters of the
Connecticut River off South
Glastonbury, CT. Beginning at
position 41[deg]41'18.88'' N;
072[deg]37'16.26'' W; then
downriver along the west bank
to a point at position
41[deg]38'49.12'' N,
072[deg]37'32.73'' W; then
across the Connecticut River
to a point at position
41[deg]38'49.5'' N,
072[deg]37'19.55'' W; then
upriver along the east bank to
a point at position
41[deg]41'25.82'' N,
072[deg]37'9.08'' W; then
across the Connecticut River
to the point of origin (NAD
83).
9.2 Huntington Lighthouse Music Date: Saturday or
Festival. Sunday during the first week
of September.
Time: 10 a.m. to 8
p.m.
Location: Waters of
Huntington Bay, Long Island,
NY.
(1) ``The Lloyd Harbor Mooring
Area''. Beginning at the
Huntington Lighthouse, NY in
position at 40[deg]54'38'' N,
073[deg]25'52'' W; then
southwest to a point in
position at 40[deg]54'28.47''
N, 073[deg]26'17.59'' W; then
west along the coast of West
Neck to a point in position at
40[deg]54'46.32'' N,
073[deg]26'56.25'' W; then
north to a point in position
at 40[deg]54'56.24'' N,
073[deg]26'56.24'' W; then
east along Lloyd Neck to a
point in position at
40[deg]54'49.78'' N,
073[deg]26'8.51'' W; then
north-northeast along the
coast of Lloyd Neck to a point
in position at
40[deg]55'5.58'' N,
073[deg]25'50.22'' W; and then
to point of origin at
Huntington Lighthouse, NY in
position at 40[deg]54'38'' N,
073[deg]25'52'' W.
(2) ``The East of Channel
Mooring Area''. Beginning at
the point in position at
40[deg]54'23.21'' N,
073[deg]25'35.55'' W; then
west along the coast of
Wincoma, NY to a point in
position at 40[deg]54'23'' N,
073[deg]25'55.7'' W; then
northeast to a point in
position at 40[deg]54'37.7''
N, 073[deg]25'42.4'' W; then
southeast to a point in
position at 40[deg]54'34.4''
N, 073[deg]25'29.4'' W; and
then to point of origin in
position at 40[deg]54'23.21''
N, 073[deg]25'35.55'' W.
(3) ``Slow-No Wake Area''. All
waters of Lloyd Harbor and
waters of Huntington Bay south
of a line from Target Rock
National Wildlife Refuge at a
point in position at
40[deg]55'38.77'' N,
073[deg]25'45.96'' and the
south tip of Eaton's Neck at a
point in position
40[deg]54'51.44'' N,
073[deg]24'17.76'' W. All
coordinates are approximate
and are based on datum NAD
1983.
Regulations. All persons and
vessels are prohibited from
anchoring, mooring, or
loitering outside the
designated mooring areas and
are subject to a ``Slow-No
Wake'' speed limit. Vessels
within the regulated area
described in paragraph (3) of
this section may not produce
more than a minimum wake and
may not attain speeds greater
than five knots unless a
higher minimum speed is
necessary to maintain
steerageway when traveling
with a strong current. In no
case may the wake produced by
a vessel within the ``Slow-No
Wake'' area be such that it
creates a danger of injury to
persons or damage to vessels
or structures unless specified
by the COTP or their
designated representative.
9.3 Dolan Family Labor Day Fireworks... Date: A single day in
September.
Time: To be determined
annually.
Locations:
(1) ``No Entry Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY, within a 1,000-foot
radius of the launch platform
in approximate position
40[deg]53'42.50'' N,
073[deg]30'04.30'' W (NAD 83).
[[Page 17477]]
(2) ``Slow/No Wake Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY, contained within the
following area; beginning at a
point on land in position at
40[deg]53'12.43'' N,
073[deg]31'13.05'' W near
Moses Point; then east across
Oyster Bay Harbor to a point
on land in position at
40[deg]53'15.12'' N,
073[deg]30'38.45'' W; then
north along the shoreline to a
point on land in position at
40[deg]53'34.43'' N,
073[deg]30'33.42'' W near Cove
Point; then east along the
shoreline to a point on land
in position at
40[deg]53'41.67'' N,
073[deg]29'40.74'' W near
Cooper Bluff; then south along
the shoreline to a point on
land in position
40[deg]53'05.09'' N,
073[deg]29'23.32'' W near Eel
Creek; then east across Cold
Spring Harbor to a point on
land in position
40[deg]53'06.69'' N,
073[deg]28'19.9'' W; then
north along the shoreline to a
point on land in position
40[deg]55'24.09'' N,
073[deg]29'49.09'' W near
Whitewood Point; then west
across Oyster Bay to a point
on land in position
40[deg]55'5.29'' N,
073[deg]31'19.47'' W near
Rocky Point; then south along
the shoreline to a point on
land in position
40[deg]54'04.11'' N,
073[deg]30'29.18'' W near Plum
Point; then northwest along
the shoreline to a point on
land in position
40[deg]54'09.06'' N,
073[deg]30'45.71'' W; then
southwest along the shoreline
to a point on land in position
40[deg]54'03.2'' N,
073[deg]31'01.29'' W; and then
south along the shoreline back
to point of origin (NAD 83).
All positions are approximate.
10.1 Head of the Riverfront Rowing Date: A single day in October.
Regatta.
Time: 5:30 a.m. to 5:30 p.m.
Location: All waters of the
Connecticut River, Hartford,
CT between at point North of
Wethersfield Cove at
41[deg]43'52.17'' N,
072[deg]38'40.38'' W and the
Riverside Boat House
41[deg]46'30.98'' N,
072[deg]39'54.35'' W (NAD 83).
------------------------------------------------------------------------
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for Part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
4. Revise Sec. 165.151 paragraph (a)(2) and Table 1 to Sec. 165.151
to read as follows:
Sec. 165.151 Safety Zones; Fireworks Displays, Air Shows and Swim
Events in the Captain of the Port Long Island Sound Zone.
(a) * * *
(2) These regulations will be enforced for the duration of each
event, on or about the dates indicated. In advance of the event,
notifications will be made to the local maritime community through all
appropriate means such as Local Notice to Mariners and Broadcast Notice
to Mariners as to the exact dates and times of the enforcement period
for an event. The First Coast Guard District Local Notice to Mariners
can be found at: https://www.navcen.uscg.gov.
* * * * *
Table 1 to Sec. 165.151
------------------------------------------------------------------------
------------------------------------------------------------------------
4 April
4.1 Bridgeport Bluefish April Fireworks Date: A single day in
April.
Time: To be determined
annually.
6 June
6.1 Barnum Festival Fireworks.......... Date: A single day in
June or July.
Time: To be determined
annually.
Location: Waters of
Bridgeport Harbor, Bridgeport,
CT in approximate position
41[deg]9'04'' N,
073[deg]12'49'' W. (NAD 83).
6.2 Salute to Veterans Fireworks....... Date: A single day in
June.
Location: Waters of
Reynolds Channel off
Hempstead, NY in approximate
position 40[deg]35'36.62'' N,
073[deg]35'20.72'' W. (NAD
83).
7 July
7.1 Point O'Woods Fire Company Summer Date: A single day in
Fireworks. July.
Time: 9 p.m. to 11
p.m.
Location: Waters of
the Great South Bay, Point
O'Woods, NY, in approximate
position 40[deg]39'18.57'' N,
073[deg]08'5.73'' W (NAD 83).
7.2 City of Norwalk Fireworks.......... Date: A single day in
July.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters off
Calf Pasture Beach, Norwalk,
CT, in approximate position,
41[deg]04'50'' N,
073[deg]23'22'' W (NAD 83).
7.3 Sag Harbor Fireworks............... Date: A single day in
July.
Time: 9 p.m. to 10
p.m.
Location: Waters of
Sag Harbor Bay off Havens
Beach, Sag Harbor, NY, in
approximate position
41[deg]00'26'' N,
072[deg]17'9'' W (NAD 83).
Location: Waters of
the Thames River, Norwich, CT
in approximate position,
41[deg]31'16.835'' N,
072[deg]04'43.327'' W (NAD
83).
7.4 Southampton Fresh Air Home Date: A single day in
Fireworks. July.
Time: 9 p.m. to 10:30
p.m.
[[Page 17478]]
Location: Waters of
Shinnecock Bay, Southampton,
NY, in approximate position,
40[deg]51'48'' N,
072[deg]26'30'' W (NAD 83).
7.5 City of Middletown Fireworks....... Date: A single day in
July.
Time: 8:30 p.m. to
11:30 p.m.
Location: Waters of
the Connecticut River,
Middletown Harbor, Middletown,
CT, in approximate position
41[deg]33'44.47'' N,
072[deg]38'37.88'' W (NAD 83).
7.6 City of Norwich Fireworks.......... Date: A single day in
July
Time: 9 p.m. to 11
p.m.
Location: Waters of
the Thames River, Norwich, CT,
in approximate position,
41[deg]31'16.835'' N,
072[deg]04'43.327'' W (NAD
83).
7.7 City of Stamford Independence Day Date: A single day in
Celebration. July.
Time: 9 p.m. to 11
p.m.
Location: Waters of
Fisher's Westcott Cove,
Stamford, CT, in approximate
position 41[deg]02'09.56'' N,
073[deg]30'57.76'' W (NAD 83).
7.8 CDM Chamber of Commerce Annual Date: A single day in
Music Fest Fireworks. July.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters off
Cedar Beach Town Park, Mount
Sinai, NY, in approximate
position 40[deg]57'59.58'' N,
073[deg]01'57.87'' W (NAD 83).
7.9 Riverfest Fireworks................ Date: A single day in
July.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
the Connecticut River,
Hartford, CT, in approximate
positions, 41[deg]45'39.93''
N, 072[deg]39'49.14'' W (NAD
83).
7.10 Village of Asharoken Fireworks.... Date: A single day in
July.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
Northport Bay, Asharoken, NY,
in approximate position,
41[deg]55'54.04'' N,
073[deg]21'27.97'' W (NAD 83).
7.11 Village of Port Jefferson Date: A single day in
Fireworks. July.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
Port Jefferson Harbor, Port
Jefferson, NY, in approximate
position 40[deg]57'10.11'' N,
073[deg]04'28.01'' W (NAD 83).
7.12 Village of Quoque Foundering Date: A single day in
Anniversary Fireworks. July.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
Quantuck Bay, Quoque, NY, in
approximate position
40[deg]48'42.99'' N,
072[deg]37'20.20'' W (NAD 83).
7.13 Mashantucket Pequot Fireworks Date: A single day in
(Sailfest). July.
Time: 8:30 p.m. to 11
p.m.
Location: Waters of
the Thames River, New London,
CT, in approximate positions
Barge 1, 41[deg]21'03.03'' N,
072[deg]5'24.5'' W, Barge 2,
41[deg]20'51.75'' N,
072[deg]5'18.90'' W (NAD 83).
7.14 Shelter Island Fireworks.......... Date: A single day in
July.
Time: 9 p.m. to 11
p.m.
Location: Waters of
Gardiner Bay, Shelter Island,
NY, in approximate position
41[deg]04'39.11'' N,
072[deg]22'01.07'' W (NAD 83).
7.15 Town of North Hempstead Bar Beach Date: A single day in
Fireworks. July.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
Hempstead Harbor, North
Hempstead, NY, in approximate
position 40[deg]49'54'' N,
073[deg]39'14'' W (NAD 83).
7.16 City of Rowayton Fireworks........ Date: A single day in
July.
Time: 9 p.m. to 11
p.m.
Location: Waters of
Long Island Sound south of
Bayley Beach Park, Rowayton,
CT, in approximate position
41[deg]03'11'' N,
073[deg]26'41'' W (NAD 83).
7.17 Connetquot River Summer Fireworks. Date: A single day in
July.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
the Connetquot River off
Snapper Inn Restaurant,
Oakdale, NY, in approximate
position 40[deg]43'32.38'' N,
073[deg]9'02.64'' W (NAD 83).
8 August
8.1 Taste of Italy Fireworks........... Date: A single day in
August.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
Norwich Harbor, off Norwich
Marina, Norwich, CT, in
approximate position
41[deg]31'17.72'' N,
072[deg]04'43.41'' W (NAD 83).
8.2 City of Stamford Fireworks......... Date: A single day in
August.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
Stamford Harbor, off
Kosciuszco Park, Stamford, CT,
in approximate position
41[deg]01'48.46'' N,
073[deg]32'15.32'' W (NAD 83).
9 September
9.1 Village of Island Park Labor Day Date: A single day in
Celebration Fireworks. September.
Time: 8:30 p.m. to
10:30 p.m.
[[Page 17479]]
Location: Waters off
Village of Island Park Fishing
Pier, Village Beach, NY, in
approximate position
40[deg]36'30.95'' N,
073[deg]39'22.23'' W (NAD 83).
9.2 Archangel Michael Greek Orthodox Date: A single day in
Church Fireworks. September or October.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
Hempstead Harbor off Bar Beach
Town Park, Port Washington,
NY, in approximate position
40[deg]49'42'' N,
073[deg]39'07'' W (NAD 83).
9.3 Port Washington Sons of Italy Date: A single day in
Fireworks. September.
Time: 8:30 p.m. to
10:30 p.m.
Location: Waters of
Hempstead Harbor off Bar
Beach, North Hempstead, NY, in
approximate position
40[deg]49'48.04'' N,
073[deg]39'24.32'' W (NAD 83).
9.4 Town of Hempstead ``Big Shot'' Date: A single day in
Concert and Fireworks Display. September.
Time: 9:30 p.m. to
11:59 p.m.
Location: Waters of
Reynolds Channel at Lido Beach
in Town of Hempstead, NY, in
approximate position
40[deg]35'36.81'' N,
073[deg]35'20.37'' W (NAD 83).
11 November
11.1 Charles W. Morgan Anniversary Date: A single day in
Fireworks. November.
Time: 8 p.m. to 11
p.m.
Location: Waters of
the Mystic River, north of the
Mystic Seaport Light, Mystic,
CT, in approximate position
41[deg]21'56.455'' N,
071[deg]57'58.32'' W (NAD 83).
11.2 Connetquot River Fall Fireworks... Date: A single day in
November.
Time: 8 p.m. to 11
p.m.
Location: Waters of
the Connetquot River off
Snapper Inn Restaurant,
Oakdale, NY, in approximate
position 40[deg]43'32.38'' N,
073[deg]09'02.64'' W (NAD 83).
------------------------------------------------------------------------
Dated: March 15, 2023.
S.A. Koch,
Commander, U.S. Coast Guard Alternate Captain of the Port Long Island
Sound.
[FR Doc. 2023-05955 Filed 3-22-23; 8:45 am]
BILLING CODE 9110-04-P
