[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Proposed Rules]
[Pages 20324-20330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7964]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2012-0111]
RIN 1625-AA00; 1625-AA08


Special Local Regulation and Safety Zones; Marine Events in 
Captain of the Port Sector Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations and safety zones for marine events on the navigable waters 
within the Captain of the Port (COTP) Sector Long Island Sound zone for 
regattas, fireworks displays and swim events. This action is necessary 
to provide for the safety of life on navigable waters during the 
events. Entering into, transiting through, remaining, anchoring or 
mooring within these regulated areas would be prohibited unless 
authorized by the COTP Sector Long Island Sound.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 4, 2012.
    Requests for public meetings must be received by the Coast Guard on 
or before April 25, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0111 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Petty Officer Joseph Graun, Prevention Department, 
Coast Guard Sector Long Island Sound, (203) 468-4544, 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0111), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2012-0111 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2012-0111 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one April 25, 2012 using one of the four methods specified 
under ADDRESSES. Please explain why you believe a public meeting would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1226, 1231, 
1233; 46 U.S.C. Chapters 454, 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security

[[Page 20325]]

Delegation No. 0170.1 which collectively authorize the Coast Guard to 
define regulatory special local regulations and safety zones.
    This temporary rule proposes to establish special local regulations 
and safety zones in order to provide for the safety of life on 
navigable waterways during regattas, fireworks displays and swim 
events.

Discussion of Proposed Rule

    This temporary rule proposes special local regulations for two 
regattas, and safety zones for thirteen fireworks displays and two 
swimming events set to take place within the COTP Sector Long Island 
Sound Zone. These events are scheduled to take place between June and 
August of 2012.
    A safety zone is proposed for each fireworks display listed in 
TABLE 1 to Sec.  165.T01-0111 including all navigable waters within a 
1000 foot radius of the launch platform.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
6                                                                            June
----------------------------------------------------------------------------------------------------------------
6.1 Salute to Veterans Fireworks............   Location: Waters of Reynolds Channel West of the loop
                                               parkway Bridge in Hempstead, NY.
----------------------------------------------------------------------------------------------------------------
7                                                                            July
----------------------------------------------------------------------------------------------------------------
7.1 Devon Yacht Club Fireworks..............   Location: Waters of Napeague Bay, in Block Island Sound
                                               off Amagansett, NY.
----------------------------------------------------------------------------------------------------------------
7.2 Dolan Family Fourth Fireworks...........   Location: Water of Oyster Bay Harbor in Long Island Sound
                                               north of the Cove Neck peninsula in Oyster Bay, NY.
----------------------------------------------------------------------------------------------------------------
7.3 Davis Park Fireworks....................   Location: Waters of the Great South Bay north of Davis
                                               Park, NY.
----------------------------------------------------------------------------------------------------------------
7.4 Islip Fireworks.........................   Location: Waters of the Great South Bay off Bay Shore
                                               Manor Park, Islip, NY.
----------------------------------------------------------------------------------------------------------------
7.5 Madison Fireworks.......................   Location: Waters of Long Island Sound off Madison Beach
                                               in Madison, CT.
----------------------------------------------------------------------------------------------------------------
7.6 Stratford Fireworks.....................   Location: Waters of Long Island Sound surrounding Short
                                               Beach Park in Stratford, CT in approximate position
                                               41[deg]09'50.82'' N, 073[deg]6'47.13'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
7.7 Rowayton Fireworks......................   Location: Waters of Long Island Sound south of Bayley
                                               Beach Park in Rowayton, CT.
----------------------------------------------------------------------------------------------------------------
7.8 Quarentello Wedding Fireworks...........   Location: Waters of the Great South Bay south east of
                                               Brown Point in Sayville, NY.
----------------------------------------------------------------------------------------------------------------
7.9 Niantic Bay Fireworks...................   Location: Waters of Niantic Bay 1500 feet west of the
                                               Niantic River Railroad Bridge in Niantic, CT.
----------------------------------------------------------------------------------------------------------------
8                                                                           August
----------------------------------------------------------------------------------------------------------------
8.1 Shelter Island Yacht Club Fireworks.....   Location: Waters of Dering Harbor north of the Shelter
                                               Island yacht Club in Shelter Island, NY.
----------------------------------------------------------------------------------------------------------------
8.2 Stamford Fireworks......................   Location: Waters of Stamford Harbor, South of Kosciuszco
                                               Park in Stamford, CT.
----------------------------------------------------------------------------------------------------------------
11                                                                         November
----------------------------------------------------------------------------------------------------------------
1 Charles W. Morgan Anniversary Fireworks...   Location: Waters of the Mystic River, north of the Mystic
                                               Seaport Light in Mystic, CT.
----------------------------------------------------------------------------------------------------------------

    A safety zone is proposed for each swim event listed in TABLE 2 to 
Sec.  165.T01.0111 including all navigable waters within the defined 
swim area.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
1 Waves of Hope Swim........................   Location: All waters of the Great South Bay off
                                               Amityville, NY Bound by Clocks Boulevard to the West, Tanner Park
                                               to the East and shoreward of a line 1000 feet offshore.
----------------------------------------------------------------------------------------------------------------
2 Stonewall Swim............................   Location: All navigable waters of the Great South Bay
                                               within an three miles long and half mile wide rectangle box
                                               connecting the following points. Beginning Snedecor Avenue in
                                               Bayport, NY to Porgie Walk in Fire Island, NY.
----------------------------------------------------------------------------------------------------------------

    A special local regulation is proposed for each regatta listed in 
TABLE 1 to Sec.  100.35T01-0111 including all navigable waters 
associated with each event's location.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
1 Hartford Dragon Boat Regatta..............   Regulated area: All waters of the Connecticut River in
                                               Hartford, CT between the Bulkeley Bridge and the Wilbur Cross
                                               Bridge.
----------------------------------------------------------------------------------------------------------------
2 Kayak for a Cause Regatta.................   Regulated area: All water of Long Island Sound within a
                                               nine mile long and half mile wide rectangle shaped regatta course
                                               connecting Norwich, CT and Crab Meadow, NY.
----------------------------------------------------------------------------------------------------------------


[[Page 20326]]

    Exact locations with coordinates are listed in the regulatory text 
below List of Subjects.
    All fireworks events would be enforced from 8:30 p.m. until 10 p.m. 
on the date specified in TABLE 1 to Sec.  165.T01-0111. All other 
regulated areas will be enforced during the dates and times listed with 
the event details in their respective table. In three cases, the Davis 
Park Fireworks, Charles W. Morgan Anniversary Fireworks and Waves of 
Hope Swim, the event sponsors have not yet determined specific dates 
for their events. The event sponsors have provided a range of possible 
dates that are listed in the respective tables in the regulatory text 
below List of Subjects. The Coast Guard will publish the specific dates 
for the events in the final rule.
    Because large numbers of spectator vessels are expected to 
congregate around the location of these events, these regulated areas 
are necessary to protect both spectators and participants from the 
safety hazards created by them; including large numbers of swimmers, 
hard to see and unstable small boats, unexpected pyrotechnics 
detonation, and burning debris. This proposed rule would temporarily 
establish regulated areas to restrict vessel movement around the 
location of each event to reduce the safety risks associated with them.
    During the enforcement periods, persons and vessels would be 
prohibited from entering, transiting through, remaining, anchoring or 
mooring within the regulated areas unless specifically authorized by 
the COTP Sector Long Island Sound or designated representative. Persons 
and vessels would be able to request authorization to enter, transit 
through, remain, anchor or moor within the regulated areas by 
contacting the COTP Sector Long Island Sound by telephone at (203) 468-
4401, or designated representative via VHF radio on channel 16. If 
authorization to enter, transit through, remain, anchor or moor within 
any of the regulated areas is granted, all persons and vessels 
receiving authorization would be required to comply with the 
instructions of the COTP or designated representative.
    The Coast Guard COTP Sector Long Island Sound or designated 
representatives will enforce the regulated areas. These designated 
representatives are comprised of commissioned, warrant, and petty 
officers of the Coast Guard. The Coast Guard may be assisted by other 
federal, state and local agencies in the enforcement of these regulated 
areas.
    To aid the public in identifying the launch platforms; fireworks 
barges used for these displays will have a sign on their port and 
starboard side labeled ``FIREWORKS--STAY AWAY.'' This sign will consist 
of 10 inch high by 1.5 inch wide red lettering on a white background. 
Shore launch sites will display a sign labeled ``FIREWORKS--STAY AWAY'' 
with the same dimensions.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking would not be a 
significant regulatory action for the following reasons: The regulated 
areas will be of limited duration and cover only a small portion of the 
navigable waterways. Furthermore, vessels may transit the navigable 
waterways outside of the regulated areas. Persons or vessels requiring 
entry into the regulated areas may be authorized to do so by the COTP 
Sector Long Island Sound or designated representative.
    Advanced public notifications will also be made to the local 
maritime community through the Local Notice to Mariners as well as 
Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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. This rule 
will affect the following entities, some of which may be small 
entities: The owners or operators of vessels intending to enter, 
transit, anchor or moor within the regulated areas during the 
enforcement periods stated for each event listed below in the List of 
Subjects.
    The temporary special local regulations and safety zones will not 
have a significant economic impact on a substantial number of small 
entities for the following reasons: The regulated areas will be of 
limited size and of short duration, vessels that can safely do so may 
navigate in all other portions of the waterways except for the areas 
designated as regulated areas, and vessels requiring entry into the 
regulated areas may be authorized to do so by the COTP Sector Long 
Island Sound or designated representative. Additionally, before the 
effective period, notifications will be made to the local maritime 
community through the Local Notice to Mariners and Broadcast Notice to 
Mariners well in advance of the events.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Petty Officer Joseph Graun, 
Prevention Department, U.S. Coast Guard Sector Long Island Sound, (203) 
468-4544, [email protected]. 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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct

[[Page 20327]]

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 determined that this 
rule does not have implications for federalism.

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 effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have 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. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This rule 
appears to be categorically excluded, under figure 2-1, paragraph (34) 
(g)&(h), of the Instruction. This rule proposes to establish special 
local regulations and safety zones. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recording 
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add Sec. 100.35T01-0111 to read as follows:


Sec.  100.35T01-0111  Special Local Regulations; Regattas in the Coast 
Guard Sector Long Island Sound Captain of the Port Zone.

    (a) Regulations. (1) The following regulations apply to the marine 
events listed in TABLE 1 to Sec.  100.35T01-0111. These regulations 
will be enforced for the duration of each event, on the dates 
indicated. Notifications will be made to the local maritime community 
through all appropriate means such as Local Notice to Mariners or 
Broadcast Notice to Mariners well in advance of the events. First Coast 
Guard District Local Notice to Mariners can be found at: http://www.navcen.uscg.gov/.
    (b) Definitions. The following definitions apply to this section:

    (1) Designated Representative. A ``designated representative'' 
is any Coast Guard commissioned, warrant or petty officer of the 
U.S. Coast Guard who has been designated by the Captain of the Port 
(COTP), Sector Long Island Sound, to act on his or her behalf. The 
designated representative may be on an official patrol vessel or may 
be on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. In addition, members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist 
of any Coast Guard, Coast Guard Auxiliary, state, or local law 
enforcement vessels assigned or approved by the COTP Sector Long 
Island Sound.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.

    (c) Vessel operators desiring to enter or operate within the 
regulated areas

[[Page 20328]]

shall contact the COTP Sector Long Island Sound at 203-468-4401 (Sector 
LIS command center) or the designated representative via VHF channel 
16.
    (d) Vessels may not transit the regulated areas without the COTP 
Sector Long Island Sound or designated representative approval. Vessels 
permitted to transit must operate at a no wake speed, in a manner which 
will not endanger participants or other crafts in the event.
    (e) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by COTP Sector Long Island Sound or designated 
representative.
    (f) The COTP Sector Long Island Sound or designated representative 
may control the movement of all vessels in the regulated area. When 
hailed or signaled by an official patrol vessel, a vessel shall come to 
an immediate stop and comply with the lawful directions issued. Failure 
to comply with a lawful direction may result in expulsion from the 
area, citation for failure to comply, or both. The COTP Sector Long 
Island Sound or designated representative may delay or terminate any 
marine event in this subpart at any time it is deemed necessary to 
ensure the safety of life or property.
    (g) For all regattas listed, vessels not participating in the 
event, swimmers, and personal watercraft of any nature are prohibited 
from entering or moving within the regulated area unless authorized by 
the COTP Sector Long Island Sound or designated representative. Vessels 
within the regulated area must be at anchor within a designated 
spectator area or moored to a waterfront facility in a way that will 
not interfere with the progress of the event.

                    Table 1 to Sec.   100.35T01-0111
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 Hartford Dragon Boat Regatta.........   Dates: August 18 and
                                          19, 2012.
                                          Time 8 a.m. until 4:30
                                          p.m. each day.
                                          Regulated area: All
                                          waters of the Connecticut
                                          River in Hartford, CT between
                                          the Bulkeley Bridge
                                          41[deg]46'10.10'' N,
                                          072[deg]39'56.13'' W and the
                                          Wilbur Cross Bridge
                                          41[deg]45'11.67'' N,
                                          072[deg]39'13.64'' W North
                                          American Datum 1983 (NAD 83).
------------------------------------------------------------------------
2 Kayak for a Cause Regatta............   Date: July 21, 2012.
                                          Time: 8 a.m. until 3
                                          p.m.
                                          Regulated area: All
                                          water of Long Island Sound
                                          within a nine mile long and
                                          half mile wide rectangle
                                          shaped regatta course
                                          connecting Norwich, CT and
                                          Crab Meadow, NY. The regulated
                                          area beginning in Norwich CT
                                          east of Shady Beach at
                                          41[deg]5'32.24'' N,
                                          073[deg]23'11.18'' W then
                                          heads south crossing Long
                                          Island Sound to a point east
                                          of Crab Meadow Beach, Crab
                                          Meadow, NY at
                                          40[deg]55'37.21'' N,
                                          073[deg]19'2.14'' W then turns
                                          west connecting to a point
                                          west of Crab Meadow Beach at
                                          40[deg]55'48.3'' N,
                                          073[deg]19'51.88'' W, then
                                          turns north crossing Long
                                          Island Sound to the western
                                          boundary of Calf Pasture Beach
                                          Norwich, CT at
                                          41[deg]4'57.54'' N,
                                          073[deg]23'53.21'' W then
                                          turns east back to its
                                          starting point at
                                          41[deg]5'32.24'' N,
                                          073[deg]23'11.18'' W North
                                          American Datum 1983 (NAD 83).
                                          Additional
                                          stipulations: (1) Spectators
                                          must maintain a minimum
                                          distance of 100 yards from
                                          each event participant and
                                          support vessel. (2) Vessels
                                          that maintain the minimum
                                          required distance from event
                                          participants and support
                                          vessels may transit through
                                          the regatta course.
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    3. The authority citation for Part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 454, 701, 
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.

    4. Add Sec.  165.T01-0111 to read as follows:


Sec.  165.T01-0111  Safety Zones; Fireworks Displays and Swim Events in 
Captain of the Port Long Island Sound Zone.

    (a) Regulations. (1) The general regulations contained in 33 CFR 
165.23 as well as the following regulations apply to the fireworks 
displays, air shows, and swim events listed in TABLE 1 and TABLE 2 of 
Sec.  165.T01-0111.
    These regulations will be enforced for the duration of each event. 
Notifications will be made to the local maritime community through all 
appropriate means such as Local Notice to Mariners or Broadcast Notice 
to Mariners well in advance of the events. Mariners should consult the 
Federal Register or their Local Notice to Mariners to remain apprised 
of schedule or event changes. First Coast Guard District Local Notice 
to Mariners can be found at http://www.navcen.uscg.gov/.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port (COTP), 
Sector Long Island Sound, to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. In 
addition, members of the Coast Guard Auxiliary may be present to inform 
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP Sector Long Island Sound.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Vessel operators desiring to enter or operate within the 
regulated areas should contact the COTP Sector Long Island Sound at 
203-468-4401 (Sector LIS command center) or the designated

[[Page 20329]]

representative via VHF channel 16 to obtain permission to do so.
    (d) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by COTP Sector Long Island Sound or designated 
representative.
    (e) Upon being hailed by a U.S. Coast Guard vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.
    (f) The COTP Sector Long Island Sound or designated representative 
may delay or terminate any marine event in this subpart at any time it 
is deemed necessary to ensure the safety of life or property.
    (g) The regulated area for all fireworks displays listed in TABLE 1 
to Sec.  165.T01-0111 is that area of navigable waters within a 1000 
foot radius of the launch platform or launch site for each fireworks 
display, unless otherwise noted in TABLE 1 to Sec.  165.T01-0111 or 
modified in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/.
    (h) Fireworks barges used in these locations will also have a sign 
on their port and starboard side labeled ``FIREWORKS--STAY AWAY''. This 
sign will consist of 10 inch high by 1.5 inch wide red lettering on a 
white background. Shore sites used in these locations will display a 
sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions. These 
zones will be enforced from 8:30 p.m. to 10:30 p.m. each day a barge 
with a ``FIREWORKS--STAY AWAY'' sign on the port and starboard side is 
on-scene or a ``FIREWORKS--STAY AWAY'' sign is posted in a location 
listed in TABLE 1 to Sec.  165.T01-0111.
    (i) Enforcement period:
    1. Each fireworks display will be enforced from 8:30 p.m. until 10 
p.m. on the respective dates listed in Table 1 of Sec.  165.T01-0111.
    2. Each swim event will be enforced during the date and time listed 
in Table 2 of Sec.  165.T01-0111.

                                         Table 1 to Sec.   165.T01-0111
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
6                                                                            June
----------------------------------------------------------------------------------------------------------------
6.2 Salute to Veterans Fireworks............   Date: June 23, 2012.
                                               Rain date: June 30, 2012.
                                               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 Devon Yacht Club Fireworks..............   Date: July 7, 2012
                                               Rain date: July 8, 2012.
                                               Location: Waters of Napeague Bay, in Block Island Sound
                                               off Amagansett, NY in approximate position 40[deg]59'41.4'' N,
                                               072[deg]6'8.7'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
7.2 Dolan Family Fourth Fireworks...........   Date: July 4, 2012.
                                               Rain date: July 5, 2012.
                                               Location: Waters of Oyster Bay Harbor in Long Island
                                               Sound off Oyster Bay, NY in approximate position
                                               40[deg]53'42.50'' N, 073[deg]30'04.30'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
7.3 Davis Park Fireworks....................   Date: A single day between the last weekend of June or
                                               first weekend of July 2012 an exact day will be announced in the
                                               final rule.
                                               Location: Waters of the Great South Bay north of Davis
                                               Park, NY in approximate position, 40[deg]41'38.23'' N,
                                               073[deg]00'21.54'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
7.4 Islip Fireworks.........................   Date: July 4, 2012.
                                               Rain date: July 5, 2012.
                                               Location: Waters of the Great South Bay off Bay Shore
                                               Manor Park, Islip, NY in approximate position 40[deg]42'24'' N,
                                               073[deg]14'24'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
7.5 Madison Fireworks.......................   Date: July 4, 2012.
                                               Rain date: July 7, 2012
                                               Location: Waters of Long Island Sound off Madison Beach
                                               in Madison, CT in approximate position 41[deg]16'3.93'' N,
                                               072[deg]36'15.97'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
7.6 Stratford Fireworks.....................   Date: July 3, 2012.
                                               Rain date: July 5, 2012.
                                               Location: Waters of Long Island Sound surrounding Short
                                               Beach Park in Stratford, CT in approximate position
                                               41[deg]09'50.82'' N, 073[deg]6'47.13'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
7.7 Rowayton Fireworks......................   Date: July 4, 2012.
                                               Rain date: July 5, 2012.
                                               Location: Waters of Long Island Sound south of Bayley
                                               Beach Park in Rowayton, CT in approximate position 41[deg]03'11''
                                               N, 073[deg]26'41'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
7.8 Quarentello Wedding Fireworks...........   Date: July 21, 2012.
                                               Rain date: None
                                               Location: Waters of the Great South Bay south east of
                                               Brown Point in Sayville, NY in approximate position
                                               40[deg]43'19'' N, 073[deg]03'53'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
7.9 Niantic Bay Fireworks...................   Date: July 6, 2012.
                                               Rain date: July 7, 2012.

[[Page 20330]]

 
                                               Location: Waters of Niantic Bay 1500 feet west of the
                                               Niantic River Railroad Bridge in Niantic, CT in approximate
                                               position 41[deg]19'22.59'' N, 072[deg]11'3.47'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
8                                                                           August
----------------------------------------------------------------------------------------------------------------
8.1 Shelter Island Yacht Club Fireworks.....   August 11, 2012.
                                               Rain date: August 12, 2012.
                                               Location: Waters of Dering Harbor north of Shelter Island
                                               Yacht Club in Shelter Island, NY in approximate position
                                               41[deg]05'23.47'' N, 072[deg]21'11.18'' W (NAD 83).
8.2 Stamford Fireworks......................   Date: August 30, 2012.
                                               Rain date: August 31, 2012.
                                               Location: Waters of Stamford Harbor, off Kosciuszco Park
                                               in Stamford, CT in approximate position 41[deg]1'48.46'' N,
                                               073[deg]32'15.32'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------
11                                                                         November
----------------------------------------------------------------------------------------------------------------
1 Charles W. Morgan Anniversary Fireworks...   Date: A single day between November 3, and November 10,
                                               2012 an exact day will be announced in the final rule.
                                               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).
----------------------------------------------------------------------------------------------------------------


                                         Table 2 to Sec.   165.T01-0111
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                                         July & August
----------------------------------------------------------------------------------------------------------------
1 Waves of Hope Swim........................   Date: A single weekday during the last week of June or
                                               first two weeks of July 2012 an exact day will be announced in
                                               the final rule.
                                               Time: 10 a.m. until 12:01 p.m.
                                               Location: All waters of the Great South Bay off
                                               Amityville, NY shoreward of a line created by connecting the
                                               following points. Beginning at 40[deg]39'22.38'' N,
                                               073[deg]25'31.63'' W then to 40[deg]39'2.18'' N,
                                               073[deg]25'31.63'' W then to 40[deg]39'2.18'' N,
                                               073[deg]24'03.81'' W, ending at 40[deg]39'18.27'' N,
                                               073[deg]24'03.81'' W North American Datum 1983 ( NAD 83).
----------------------------------------------------------------------------------------------------------------
2 Stonewall Swim............................   Date: August 4, 2012.
                                               Time: 8:30 a.m. until 12:30 p.m.
                                               Location: All navigable waters of the Great South Bay
                                               within an three miles long and half mile wide box connecting
                                               Snedecor Avenue in Bayport, NY to Porgie Walk in Fire Island, NY.
                                               Formed by connecting the following points. Beginning at
                                               40[deg]43'40.24'' N, 073[deg]03'41.5'' W then to 40[deg]43'40''
                                               N, 073[deg]03'13.4'' W, then to 40[deg]40'4.13 N,
                                               073[deg]03'43.81'' W then to 40[deg]40'8.3'' N, 073[deg]03'17.7''
                                               W and ending at the beginning point 40[deg]43'40.24'' N,
                                               073[deg]03'41.5'' W (NAD 83).
----------------------------------------------------------------------------------------------------------------


    Dated: March 12, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2012-7964 Filed 4-3-12; 8:45 am]
BILLING CODE 9110-04-P