Special Local Regulations and Safety Zones; Recurring Marine Events, Fireworks Displays, and Swim Events Held in the Coast Guard Sector Long Island Sound Zone, 38398-38406 [2023-12558]
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Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Rules and Regulations
II. Background Information and
Regulatory History
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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
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. These 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. This
revision to both tables will consist of
adding six events and removing 53.
DATES: This rule is effective July 13,
2023.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0001 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email If you have questions about this
rulemaking, call or email MST1 Mark
Paget, Waterways Management Division,
Sector Long Island Sound; telephone:
(203) 468–4583; email: Mark.A.Paget@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Long Island
Sound
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric
Administration
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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On March 23, 2023 the Coast Guard
published a notice of proposed
rulemaking (NPRM) in the Federal
Register titled ‘‘Special Local
Regulations and Safety Zones; Recurring
Marine Events, Fireworks Displays, and
Swim Events held in the Coast Guard
Sector Long Island Sound Zone’’ (88 FR
17474), proposing to update special
local regulations and safety zones. There
we stated why we issued the NPRM and
invited comments on our proposed
regulatory action. The comment period
ended April 23, 2023. We received no
comments. 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. There are no changes
to the rule from what was proposed.
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 issuing this rulemaking under
authority in 46 U.S.C. 70034 and 70041.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Long Island Sound
(COTP) has determined that amending
the 33 CFR 100.100 Table and the 33
CFR 165.151 Table is necessary to
accurately reflect the recurring safety
zones and Special Local Regulations to
restrict vessel transit into and through
specified areas. This will protect
spectators, mariners, and other persons
and property from potential hazards
during events.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
March 23, 2023. The Coast Guard will
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 will be
made by means such as Local Notice to
Mariners and Broadcast Notice to
Mariners in advance of the events. Our
revision of § 100.100(a) and Table 1 to
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§ 100.100 appear at the end of this
document and will consist of adding
five events and removing three. The
events removed no longer occur.
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 during events taking
place in Sector Long Island Sound’s
COTP zone. This section will sometimes
require amendments to properly reflect
the recurring safety zones in Table 1.
This rule reduces the number of events
listed in table 1 to § 165.151 from 74 to
28. Most of those removed are events
that no longer occur or do not require
a safety zone.
The Coast Guard amends 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 will 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 will be
made in advance of the events. Our
revision of § 165.151(a)(2) and table 1 to
§ 165.151 appear in the regulatory text
at the end of this document. There is
one event added and 46 events have
been removed based on no longer
occurring or do not require a safety
zone. The purpose of this 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 annually
recurring safety zones are necessary to
provide for the safety of life on
navigable waters of the U.S. during the
events.
V. Regulatory Analyses
We developed this final 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
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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 will 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.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this final rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit these
regulated areas may be small entities,
for the reasons stated in section IV.A
above this final 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 final 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 final rule. If the final
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 final rule or any policy or action of
the Coast Guard.
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C. Collection of Information
This final 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 final rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
Executive Order 13132.
Also, this rule does not have Tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments)
because it 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 final 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 final
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 final 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 final rule
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38399
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.
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.
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 amending
33 CFR parts 100 and 165 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Amend § 100.100 by revising
paragraph (a) and table 1 to § 100.100 to
read as follows:
■
§ 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 § 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
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Local Notice to Mariners can be found
at: https://www.navcen.uscg.gov.
*
*
*
*
*
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 ...................................................
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7.1 Connecticut River Raft Race, Middletown, CT ................................
7.2
Dolan Family July 4th Fireworks .....................................................
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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 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 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.
• 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).
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TABLE 1 TO § 100.100—Continued
7.3
Jones Beach State Park Fireworks .................................................
7.4
Maggie Fischer Cross Bay Swim ....................................................
7.5
Mystic Sharkfest Swim .....................................................................
7.6
Bands on the Barge (Charles Island Music Festival) ......................
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(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.
• 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.
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TABLE 1 TO § 100.100—Continued
7.7
Jamesport Triathlon .........................................................................
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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 .........................................................................
9 ................................................................................................................
9.1 Head of the Tomahawk ...................................................................
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(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, 1,000 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 July or 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.
• 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.
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TABLE 1 TO § 100.100—Continued
9.2
Huntington Lighthouse Music Festival .............................................
9.3
Dolan Family Labor Day Fireworks .................................................
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• 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).
(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.
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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.
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. Amend § 165.151 by revising
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.
*
*
*
*
*
TABLE 1 TO § 165.151
4 ................................................................................................................
4.1 Bridgeport Bluefish April Fireworks .................................................
6 ................................................................................................................
6.1 Barnum Festival Fireworks ..............................................................
6.2
Salute to Veterans Fireworks ..........................................................
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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 ........................................
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 ..........................................................................
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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.
• 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 June or 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.
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38405
TABLE 1 TO § 165.151—Continued
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 ...........................................
7.18 Town of Hempstead ‘‘Salute to Veterans’’ Concert and Fireworks
Display.
8 ................................................................................................................
8.1 Taste of Italy Fireworks ...................................................................
8.2
City of Stamford Fireworks ..............................................................
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9.1 Village of Island Park Labor Day Celebration Fireworks ................
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 ....
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• 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).
• Date: A single day in June or July.
• Time: 7:30 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).
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.
• 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.
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Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Rules and Regulations
TABLE 1 TO § 165.151—Continued
11 ..............................................................................................................
11.1 Charles W. Morgan Anniversary Fireworks ...................................
11.2
Connetquot River Fall Fireworks ...................................................
Dated: June 7, 2023.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the
Port Long Island Sound.
without the permission of the Captain of
the Port Buffalo or a designated
representative.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0468]
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone that encompasses certain
navigable waters in Vermilion, OH, for
the Festival of the Fish at the Vermilion
Harbor entrance, Lake Erie. This action
is necessary and intended for the safety
of life and property on navigable waters
during this event. During the
enforcement period, no person or vessel
may enter the respective safety zone
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The regulations in 33 CFR
165.939, Table (a)(1) will be enforced
from 9:15 p.m. through 11:15 p.m. on
June 16, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT Jared
Stevens, Waterways Management
Division, U.S. Coast Guard Marine
Safety Unit Cleveland; telephone 216–
937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce Safety Zones;
Annual Events in the Captain of the Port
Buffalo Zone, as listed in 33 CFR
165.939, Table 165.939(a)(1) in
Vermilion, OH, on all U.S. waters
within a 420 foot radius of the fireworks
launch site located at position 41°25′45″
N and 082°21′54″ W, (NAD 83) for the
Festival of the Fish at the Vermilion
Harbor entrance, Lake Erie.
Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within the
safety zone during an enforcement
period is prohibited unless authorized
by the Captain of the Port Buffalo or a
designated representative. Those
DATES:
[FR Doc. 2023–12558 Filed 6–12–23; 8:45 am]
SUMMARY:
• 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).
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seeking permission to enter the safety
zone may request permission from the
Captain of Port Buffalo via channel 16,
VHF–FM. Vessels and persons granted
permission to enter the safety zone shall
obey the directions of the Captain of the
Port Buffalo or his designated
representative. While within a safety
zone, all vessels shall operate at the
minimum speed necessary to maintain a
safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.939 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Buffalo determines that the
safety zone need not be enforced for the
full duration stated in this notice, they
may use a Broadcast Notice to Mariners
to grant general permission to enter the
respective safety zone.
Dated: June 5, 2023.
Jeff B. Bybee,
Commander, U.S. Coast Guard, Captain of
the Port Buffalo.
[FR Doc. 2023–12624 Filed 6–12–23; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Rules and Regulations]
[Pages 38398-38406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12558]
[[Page 38398]]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending 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. These 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. This revision to both tables will consist of adding six events
and removing 53.
DATES: This rule is effective July 13, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0001 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email If you have questions about this rulemaking, call or
email MST1 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 Long Island Sound
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 23, 2023 the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register titled ``Special Local
Regulations and Safety Zones; Recurring Marine Events, Fireworks
Displays, and Swim Events held in the Coast Guard Sector Long Island
Sound Zone'' (88 FR 17474), proposing to update special local
regulations and safety zones. There we stated why we issued the NPRM
and invited comments on our proposed regulatory action. The comment
period ended April 23, 2023. We received no comments. 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. There are no changes to the rule
from what was proposed.
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 issuing this rulemaking under authority in 46 U.S.C.
70034 and 70041.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Long Island
Sound (COTP) has determined that amending the 33 CFR 100.100 Table and
the 33 CFR 165.151 Table is necessary to accurately reflect the
recurring safety zones and Special Local Regulations to restrict vessel
transit into and through specified areas. This will protect spectators,
mariners, and other persons and property from potential hazards during
events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
23, 2023. The Coast Guard will 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 will be made
by means such as Local Notice to Mariners and Broadcast Notice to
Mariners in advance of the events. Our revision of Sec. 100.100(a) and
Table 1 to Sec. 100.100 appear at the end of this document and will
consist of adding five events and removing three. The events removed no
longer occur.
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 during events taking place in Sector Long Island Sound's COTP
zone. This section will sometimes require amendments to properly
reflect the recurring safety zones in Table 1. This rule reduces the
number of events listed in table 1 to Sec. 165.151 from 74 to 28. Most
of those removed are events that no longer occur or do not require a
safety zone.
The Coast Guard amends 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 will 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 will be made in
advance of the events. Our 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. There is one event added and 46 events have been removed
based on no longer occurring or do not require a safety zone. The
purpose of this 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 annually recurring safety zones are
necessary to provide for the safety of life on navigable waters of the
U.S. during the events.
V. Regulatory Analyses
We developed this final 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
[[Page 38399]]
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 will 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 final
rule would not have a significant economic impact on a substantial
number of small entities.
While some owners or operators of vessels intending to transit
these regulated areas may be small entities, for the reasons stated in
section IV.A above this final 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 final 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 final rule. If the final 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 final rule or any
policy or action of the Coast Guard.
C. Collection of Information
This final 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 final rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have Tribal implications under Executive
Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it 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 final 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 final 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 final 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 final 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.
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.
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
amending 33 CFR parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Amend Sec. 100.100 by revising 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 Sec. 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
[[Page 38400]]
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 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
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.
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).
[[Page 38401]]
(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.
7.6 Bands on the Barge (Charles Island Date: A single day in
Music Festival). 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.
[[Page 38402]]
(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,
1,000 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
July or 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.
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.
[[Page 38403]]
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).
(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.
[[Page 38404]]
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. Amend Sec. 165.151 by revising 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.
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. June or 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.
[[Page 38405]]
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).
7.18 Town of Hempstead ``Salute to Date: A single day in
Veterans'' Concert and Fireworks June or July.
Display.
Time: 7:30 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).
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.
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.
[[Page 38406]]
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: June 7, 2023.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2023-12558 Filed 6-12-23; 8:45 am]
BILLING CODE 9110-04-P
