[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Rules and Regulations]
[Pages 28176-28184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11930]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2015-0125]
RIN 1625-AA08 and 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing eight special local 
regulations for eight separate marine events and establishing six 
safety zones for fireworks displays within the Coast Guard Sector Long 
Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary 
final rule is necessary to provide for the safety of life on navigable 
waters during these events. Entry into, transit through, mooring or 
anchoring within these regulated areas and safety zones is prohibited 
unless authorized by COTP Sector Long Island Sound.

DATES: This rule is effective without actual notice from 12:01 a.m. on 
May 18, 2015 until 5:30 p.m. on September 20, 2015. For the purposes of 
enforcement, actual notice will be used from the date the rule was 
signed, April 22, 2015, until May 18, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0125]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer Ian Fallon, Prevention Department, Coast Guard 
Sector Long Island Sound, telephone (203) 468-4565, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This rulemaking establishes eight special local regulations for 
four regattas, two swim events, one fireworks display and one air show 
and six safety zones for six fireworks displays. Each event and its 
corresponding regulatory history is discussed below.
    Special Local Regulations:
    Aquapalooza (regatta): A special local regulation was established 
in 2014 for the Aquapalooza event when the Coast Guard issued a 
temporary rule entitled, ``Special Local Regulations and Safety Zones; 
Marine Events in Captain of the Port Long Island Sound Zone''. This 
rule was published on August 12, 2014 in the Federal Register (79 FR 
46997).
    Great Peconic Race (regatta): A special local regulation was 
established in 2014 for the Great Peconic Race event when the Coast 
Guard issued a temporary rule entitled, ``Special Local Regulation and 
Safety Zone; Marine Events in Captain of the Port Long Island Sound 
Zone''. This rule was published on August 29, 2014 in the Federal 
Register (79 FR 51479).
    Kayak for Camp (regatta): Is a recurring marine event with no 
regulatory history.
    Connecticut River Raft Race (regatta): A special local regulation 
was established in 2014 for the Connecticut River Raft Race event when 
the Coast Guard issued temporary rule entitles, ``Special Local 
Regulations and Safety Zones; Marine Events in Captain of the Port Long 
Island Zone''. This rule was published on August 12, 2014 in the 
Federal Register (79 FR 46997).
    Fran Schnarr Open Water Championship (Swim): Is a recurring marine 
event with regulatory history. This event was previously named 
Huntington Bay Open Water Championships Swim (78 FR 31402, May 24, 
2013) and the event is being held in a different location this year.
    Riverhead Rocks Triathlon (swim): A special local regulation was 
established in 2014 for the Riverhead Rocks Triathlon event when the 
Coast Guard issued a temporary rule entitled, ``Safety

[[Page 28177]]

Zones; Marine Events in Captain of the Port Long Island Sound Zone''. 
This rule was published on August 18, 2014 in the Federal Register (79 
FR 48685).
    Jones Beach State Park (fireworks): Is a reoccurring marine event 
with regulatory history. This event is in Table 1 to 33 CFR 165.151 
(7.19). We will be using a Special Local Regulation this year for this 
event due to a determination that a safety zone will be insufficient to 
mitigate the event's extra and unusual hazards.
    Jones Beach (Air Show): A special local regulation was established 
in 2014 for the Jones Beach Air Show event when the Coast Guard issued 
a final rule entitled, ``Special Local Regulation; Jones Beach Air 
Show; Atlantic Ocean, Sloop Channel Through East Bay, and Zach's Bay; 
Wantagh, NY''. This rule was published on May 21, 2014 in the Federal 
Register (79 FR 29088).
    Safety Zones:
    Village of Saltaire (fireworks): A special local regulation was 
established in 2014 for the Village of Saltaire event when the Coast 
Guard issued a temporary rule entitled, ``Safety Zones; Marine Events 
in Captain of the Port Long Island Sound Zone''. This rulemaking was 
published on August 18, 2014 in the Federal Register (79 FR 48685).
    USCG Academy Fireworks Entertainment (fireworks): Is a first time 
marine event with no regulatory history.
    Boys and Girls Club--Beach Ball 2015 (fireworks): Is a first time 
marine event with no regulatory history.
    Marine at American Wharf (fireworks): Is a first time event with no 
regulatory history.
    Cherry Grove Pride Week (fireworks): Is a first time marine event 
with no regulatory history.
    Riverfest (Fireworks): Is a reoccurring marine event with 
regulatory history. This event is in Table 1 to Sec.  165.151(7.23). 
This event is in this temporary rule due to deviation from the date and 
position listed in the Sec.  165.151 regulation.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
unnecessary. The Coast Guard did not receive the information about the 
events early enough to publish a Notice of Proposed Rulemaking before 
the scheduled event dates. In addition, publishing an NPRM is 
unnecessary for this rule because most of these events are familiar to 
the community as recurring annual community events. Thus, waiting for a 
comment period to run would inhibit the Coast Guard's ability to 
fulfill its mission to keep the ports and waterways safe.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231, 1233; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish regulatory special local regulations and 
safety zones.
    As discussed in the Regulatory History and Information section, 
four regattas, seven fireworks displays, two swim events, and one air 
show will take place in the Coast Guard Sector LIS COTP Zone between 
April 25, 2015 and September 20, 2015. The COTP Long Island Sound has 
determined that the eight special local regulations and the six safety 
zones established by this temporary final rule are necessary to provide 
for the safety of life on navigable waterways during those events.
    Aquapalooza is a boating event open to the Public that attracts 
many people and boats into Zach's Bay near Jones Beach State Park in 
Wantagh, NY. The event sponsor expects to have 500 participants. As 
such, a large number of boats will be operating in close proximity to 
each other and to swimmers in a nearby designated swim area. Many of 
these vessels will be operating at dangerous speeds given the congested 
conditions during the event and at the conclusion of the vent when a 
large number of vessels will be departing Zach's Bay within a 
relatively short period of time. These conditions are especially 
hazardous for any vessels attempting to navigate in the southbound 
direction, against the flow of the main vessel traffic at the 
conclusion of the event. The Coast Guard determined that a special 
local regulation that restricts vessel speed and the flow of vessel 
traffic will improve the safety of waterway users.
    Kayak for Camp is a kayak and paddleboard event that starts at 
Harbor View Beach, Norwalk, CT to Green's Ledge Light, Norwalk, CT and 
back to Harbor View Beach, Norwalk, CT. There are two courses in this 
event; the first course is broken into two different races with 
distances of 2 miles and 8 miles and the second course is 4 miles long. 
One safety boat will be present behind the race participants for 
assistance.
    Great Peconic Race is a kayak, surf ski and paddleboard event that 
starts and ends at Wades Beach on Shelter Island. The race course 
circumnavigates Shelter Island with a total distance of 19 miles. On 
the south shore, two event safety vessels will be present with a member 
of the South Ferry Company Inc. staff with a red flag to stop and then 
wave paddlers on for safe crossing. One safety boat will be present on 
the north shore to assist paddlers as well.
    Riverhead Rocks Triathlon will be held in Riverhead, NY, with the 
swimming portion in the Peconic River. The swim course will be along 
the shoreline of the river, with life guards and safety boats present 
to assist the race participants.
    Fran Schnarr Open Water Championship Swim is an open water swim 
event that will be held in Huntington Harbor, Huntington Bay, NY. The 
race course will be along the north shore of Huntington Bay, NY.
    Jones Beach State Park fireworks display attracts thousands of 
spectators to Jones Beach State Park as well as a significant number of 
spectator vessels to the waters around Jones Beach State Park. The 
operation of numerous spectator vessels in such close proximity to each 
other presents additional hazards to the maritime public. The COTP 
Sector Long Island Sound has determined that these hazards pose a 
danger to the maritime public. This special local regulation will 
temporarily regulate three areas around the Jones Beach State Park 
fireworks display, including portions of the Atlantic Ocean, the 
navigable waters between Meadowbrook State Parkway and the Wantagh 
State Parkway, and Zach's Bay. The three areas will be defined as ``No 
Entry Area,'' ``Slow/No Wake Area,'' and ``No Southbound Traffic 
Area.''
    Jones Beach Air Show attracts thousands of spectators to Jones 
Beach State Park as well as a significant number of spectator vessels 
to the waters around Jones Beach State Park. The operation of numerous 
spectator vessels in such close proximity to each other presents 
additional hazards to the maritime public beyond those associated with 
the aerial activities. The

[[Page 28178]]

COTP Sector Long Island Sound has determined that these hazards pose a 
danger to the maritime public. This special local regulation will 
temporary regulate three areas around the Jones Beach Air Show, 
including portions of the Atlantic Ocean, the navigable waters between 
Meadowbrook State Parkway and the Wantagh State Parkway, and Zach's 
Bay. The three areas will be defined as ``No Entry Area,'' ``Slow/No 
Wake Area,'' and ``No Southbound Traffic Area.''
    The geographic locations of these regulated areas and the specific 
requirements of this rule are contained in the regulatory text. This 
regulation prevents vessels from entering, transiting, remaining, or 
anchoring within the area designated as a ``No Entry Area'' during the 
periods of enforcement, unless authorized by the COTP or designated 
representative. This regulation also partially restricts movement 
within the ``Slow/No Wake Area'' and the ``No Southbound Traffic Area'' 
unless authorized by the COTP or designated representative.
    Connecticut River Raft Race involves many participants operating 
human-powered and/or sail-powered vessels of their own design and 
construction along a stretch of the Connecticut River near Middletown, 
CT. Due to the hazards facing these participants, including the unknown 
and/or untested seaworthiness of their vessels and potential 
limitations to vessel navigation and/or maneuverability, the Coast 
Guard determined that a special local regulation that restricts vessel 
speed and operation is needed to protect participants, spectators and 
other waterway users during the event.
    USCG Academy Fireworks Entertainment display will be held on the 
Thames River in New London, CT.
    Boys and Girls Club--Beach Ball 2015 fireworks display will be held 
on Bellport Bay, Bellport, NY.
    Marina at American Wharf fireworks display will be held on the 
Thames River, Norwich, CT.
    Cherry Grove Pride Week fireworks display will be held on Great 
South Bay, Cherry Grove, NY.
    Village of Saltaire fireworks display will be held on Great South 
Bay, Bay Shore, NY.
    Riverfest Fireworks display will be held on the Connecticut River, 
Hartford, CT.

C. Discussion of the Temporary Final Rule

    This rule establishes eight special local regulations for four 
regattas, two swim events, one fireworks display, and one air show and 
six safety zones for six fireworks displays. The locations of these 
special regulated areas and safety zones are described in the 
regulatory text.
    The fireworks displays will launch pyrotechnics from either a barge 
or a landsite near a waterway. A regulated area, specifically a safety 
zone, is required for each of these fireworks displays to protect both 
spectators and participants from the safety hazards created by the 
burning debris.
    The special local regulation established for Aquapalooza includes 
two measures to reduce the risks to waterways users of Zach's Bay 
before, during, and after the event. The first measure restricts vessel 
movement within the regulated area to no wake speed or 6 knots, 
whichever is slower on July 26, 2015 from 11:30 a.m. to 8 p.m. The 
second measure restricts all vessel movement within the regulated area 
to the outbound or northbound direction on July 26, 2015 from 3 p.m. to 
5:30 p.m.
    Kayak for Camp is a rowing regatta that will take place in Norwalk 
Harbor near Norwalk, CT. This special local regulation proposes two 
temporary regulated areas to restrict vessel movement within the 
regulated areas of Norwalk Harbor to no wake speeds or 6 knots, 
whichever is slower.
    Great Peconic Race regulated area would encompass all navigable 
waters of the United States of the Peconic River, Shelter Island, NY, 
inside two areas. This special local regulation proposes two temporary 
regulated areas in which event non-participants must travel at a no-
wake speed and remain vigilant at all times for event participants. 
Additionally, recreational vessels must yield right-of-way for event 
participants and event safety craft, and follow directions given by 
event representatives during the event. Commercial vessels will have 
right-of-way over event participants and event safety craft.
    Riverhead Rocks Triathlon incorporates swim legs that will place 
many swimmers in the navigable waters of the Peconic River. A regulated 
area is required to minimize the hazards posed by spectators and other 
waterway users operating their vessels in close proximity to the event 
participants. The special local regulation established for this swim 
event will minimize the risks to the event participants from this type 
of boat traffic and improve visibility and maneuverability for the 
safety vessels supporting the swim event.
    Fran Schnarr Open Water Championship Swim will place many swimmers 
in the navigable waters of Huntington Harbor. A regulated area is 
required to minimize the hazards posed by spectators and other waterway 
users operating their vessels in close proximity to the event 
participants. The special local regulation established for this swim 
event will minimize the risks to the event participants from this type 
of boat traffic and improve visibility and maneuverability for the 
safety vessels supporting the swim event.
    Jones Beach State Park fireworks display attracts thousands of 
spectator craft every year to Jones Beach State Park. Three regulated 
areas will be set to address the safety concerns with high vessel 
traffic. A ``No Entry Area'' will be set around the fireworks barge to 
ensure spectators maintain a safe distance from the barge. A ``Slow/No 
Wake Area'' will be set in the navigable waters between Meadow Brook 
State Parkway and Wantagh State Parkway. All vessels in the area will 
operate at ``No Wake'' speed or up to 6 knots, whichever is slower. A 
``No Southbound Traffic Area'' will be set in all waters of Zach's Bay. 
No southbound vessel traffic will be allowed into or within this area.
    Jones Beach Air Show involves numerous aircraft performing various 
aerial maneuvers which present multiple hazards, including those 
associated with in-flight accidents. This event attracts thousands of 
spectators and spectator craft which pose their own hazards. Three 
regulated areas will be set to address the safety concerns. A ``Slow/No 
Wake Area'' will be set in the navigable waters between Meadow Brook 
State Parkway and Wantagh State Parkway. All vessels in the area will 
operate at ``No Wake'' speed or up to 6 knots, whichever is slower. A 
``No Southbound Traffic Area'' will be set in all waters of Zach's Bay. 
No southbound vessel traffic will be allowed into or within this area.
    The special local regulation established for the Connecticut River 
Raft Race restricts vessel movement within the regulated area of the 
Connecticut River to no wake speed or 6 knots, whichever is slower, and 
also stipulates that vessels must not anchor, block, loiter, or impede 
the transit of event participants or official patrol vessels in the 
regulated areas unless authorized by COTP or designated 
representatives.
    This rule prevents vessels from entering, transiting, mooring, or 
anchoring within areas specifically designated as safety zones and 
establishes additional vessel movement rules within areas specifically 
under the jurisdiction of the special local regulations during the 
periods of enforcement unless authorized by the COTP or designated 
representative.

[[Page 28179]]

    Public notifications will be made to the local maritime community 
prior to each event through the Local Notice to Mariners and Broadcast 
Notice to Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a 
significant regulatory action for the following reasons: The 
enforcement of these regulated areas and safety zones will be 
relatively short in duration. Also, persons or vessels desiring entry 
into a regulated area or a deviance from the stipulations within a 
regulated area may be authorized to do so by the COTP Sector Long 
Island Sound or designated representative. Additionally, persons or 
vessels desiring to enter a safety zone may do so with permission from 
the COTP Sector Long Island Sound or designated representative. 
Furthermore, these special local regulations and safety zones are 
designed in a way to limit impacts on vessel traffic, permitting 
vessels to navigate in other portions of the waterways not designated 
as a regulated area or as a safety zone. Finally, to increase public 
awareness of these special local regulations and safety zones, the 
Coast Guard will notify the public of the enforcement of this rule via 
appropriate means, such as via Local Notice to Mariners and Broadcast 
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This temporary final rule will affect the following entities, some 
of which may be small entities: The owners or operators of vessels 
intending to enter, transit, anchor, or moor within a regulated area or 
a safety zone during the periods of enforcement, from April 25, 2015 to 
September 20, 2015. However, this temporary final rule will not have a 
significant economic impact on a substantial number of small entities 
for the same reasons discussed in the Regulatory Planning and Review 
section.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above. The Coast Guard will not retaliate against small entities that 
question or complain about this rule or any policy or action of the 
Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

[[Page 28180]]

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of special local 
regulations and safety zones. This rule is categorically excluded from 
further review under paragraph 34(g) and (h) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T01-0125 to read as follows:


Sec.  100.35T01-0125  Special Local Regulations; Marine Events in 
Captain of the Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 100.35 
as well as the following regulations apply to the marine events listed 
in Table to Sec.  100.35T01-0125.
    (b) Enforcement periods. This section will be enforced on the dates 
and times listed for each event in Table to Sec.  100.35T01-0125.
    (c) Definitions. The following definitions apply to this section:
    Designated Representative. A ``designated representative'' is any 
commissioned, warrant or petty officer of the U.S. Coast Guard who has 
been designated by the Captain of the Port (COTP), Sector Long Island 
Sound, to act on his or her behalf. The designated representative may 
be on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. While members of the Coast 
Guard Auxiliary will not serve as the designated representative, they 
may be present to inform vessel operators of this regulation.
    Official Patrol Vessels. Official patrol vessels may consist of any 
Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (d) Vessel operators desiring to enter or operate within the 
regulated areas shall contact the COTP at 203-468-4401 (Sector Long 
Island Sound command center) or the designated representative via VHF 
channel 16.
    (e) Vessels may not transit the regulated areas without the COTP or 
designated representative approval. Vessels permitted to transit must 
operate at a no wake speed or 6 knots, whichever is slower, and operate 
in a manner which will not endanger event participants or other crafts 
in the event.
    (f) The COTP or designated representative may control the movement 
of all vessels in the regulated area. When hailed or signaled by an 
official patrol vessel, a vessel must come to an immediate stop and 
comply with the lawful directions issued. Failure to comply with a 
lawful direction may result in expulsion from the area, citation for 
failure to comply, or both.
    (g) The COTP or designated representative may delay or terminate 
any marine event in this section at any time it is deemed necessary to 
ensure the safety of life or property.
    (h) The additional stipulations listed in Table to Sec.  100.35T01-
0125 also apply for the event in which they are listed.

                     Table to Sec.   100.35T01-0125
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 Jones Beach Air Show.................   Date: May 21 through
                                          24, 2015.
                                          Time: (1) The ``No
                                          Entry Area'' will be enforced
                                          each day from the start of the
                                          air show until 30 minutes
                                          after it concludes.
                                            (2) The ``Slow/No Wake
                                             Area'' and the ``No
                                             Southbound Traffic Area''
                                             will be enforced each day
                                             for 6 hours after the air
                                             show concludes.
                                          Location: ``No Entry
                                          Area'': Waters of the Atlantic
                                          Ocean off Jones Beach State
                                          Park, Wantagh, NY contained
                                          within the following described
                                          area; Beginning in approximate
                                          position 40[deg]34'54'' N,
                                          073[deg]33'21'' W, then
                                          running east along the
                                          shoreline of Jones Beach State
                                          Park to approximate position
                                          40[deg]35'53'' N,
                                          073[deg]28'48'' W; then
                                          running south to a position in
                                          the Atlantic Ocean off of
                                          Jones Beach at approximate
                                          position 40[deg]35'05'' N,
                                          073[deg]28'34'' W; then
                                          running West to approximate
                                          position 40[deg]33'15'' N,
                                          073[deg]33'09'' W; then
                                          running North to the point of
                                          origin.

[[Page 28181]]

 
                                            ``Slow/No Wake Area'': All
                                             navigable waters between
                                             Meadowbrook State Parkway
                                             and Wantagh State Parkway
                                             and contained within the
                                             following area. Beginning
                                             in approximate position
                                             40[deg]35'49.01'' N
                                             73[deg]32'33.63'' W then
                                             north along the Meadowbrook
                                             State Parkway to its
                                             intersection with Merrick
                                             Road in approximate
                                             position 40[deg]39'14.00''
                                             N 73[deg]34'00.76'' W then
                                             east along Merrick Road to
                                             its intersection with
                                             Wantagh State Parkway in
                                             approximate position
                                             40[deg]39'51.32'' N
                                             73[deg]30'43.36'' W then
                                             south along the Wantagh
                                             State Parkway to its
                                             intersection with Ocean
                                             Parkway in approximate
                                             position 40[deg]35'47.30''
                                             N 73[deg]30'29.17'' W then
                                             west along Ocean Parkway to
                                             its intersection with
                                             Meadowbrook State Parkway
                                             at the point of origin in
                                             approximate position
                                             40[deg]35'49.01'' N
                                             73[deg]32'33.63'' W.
                                            ``No Southbound Traffic
                                             Area'': All navigable
                                             waters of Zach's Bay south
                                             of the line connecting a
                                             point near the western
                                             entrance to Zach's Bay in
                                             approximate position
                                             40[deg]36'29.20'' N,
                                             073[deg]29'22.88'' W and a
                                             point near the eastern
                                             entrance of Zach's Bay in
                                             approximate position
                                             40[deg]36'16.53'' N,
                                             073[deg]28'57.26'' W.
2 Jones Beach State Park Fireworks.....   Date: July 4, 2015.
                                          Rain Date: July 5,
                                          2015.
                                          Time: 9 p.m. to 10:25
                                          p.m.
                                          ``No Entry Area'': All
                                          waters off of Jones Beach
                                          State Park, Wantagh, NY within
                                          a 1000 foot radius of the
                                          launch platform in approximate
                                          position 40[deg]34'56.68'' N,
                                          073[deg]30'31.19'' W (NAD
                                          83).]
                                            ``Slow/No Wake Area'': All
                                             navigable waters between
                                             Meadowbrook State Parkway
                                             and Wantagh State Parkway
                                             and contained within the
                                             following area. Beginning
                                             in approximate position
                                             40[deg]35'49.01'' N
                                             73[deg]32'33.63'' W then
                                             north along the Meadowbrook
                                             State Parkway to its
                                             intersection with Merrick
                                             Road in approximate
                                             position 40[deg]39'14.00''
                                             N 73[deg]34'00.76'' W then
                                             east along Merrick Road to
                                             its intersection with
                                             Wantagh State Parkway in
                                             approximate position
                                             40[deg]39'51.32'' N
                                             73[deg]30'43.36'' W then
                                             south along the Wantagh
                                             State Parkway to its
                                             intersection with Ocean
                                             Parkway in approximate
                                             position 40[deg]35'47.30''
                                             N 73[deg]30'29.17'' W then
                                             west along Ocean Parkway to
                                             its intersection with
                                             Meadowbrook State Parkway
                                             at the point of origin in
                                             approximate position
                                             40[deg]35'49.01'' N
                                             73[deg]32'33.63'' W.
                                            ``No Southbound Traffic
                                             Area'': All navigable
                                             waters of Zach's Bay south
                                             of the line connecting a
                                             point near the western
                                             entrance to Zach's Bay in
                                             approximate position
                                             40[deg]36'29.20'' N,
                                             073[deg]29'22.88'' W and a
                                             point near the eastern
                                             entrance of Zach's Bay in
                                             approximate position
                                             40[deg]36'16.53'' N,
                                             073[deg]28'57.26'' W.
3 Kayak For Camp.......................   Date: July 11, 2015.
                                          Time: 4:30 a.m. to
                                          1:30 p.m.
                                          Location: The
                                          regulated area includes all
                                          navigable waterways of Norwalk
                                          Harbor, Norwalk, CT within 100
                                          yards of the two regatta
                                          courses.
                                            Course one begins at a point
                                             on land near Harbor View
                                             Beach, Norwalk, CT at
                                             position 41[deg]05'00'';
                                             073[deg]23'55.80'' W and
                                             then west to a point in
                                             Norwalk Harbor at position
                                             41[deg]04'56.44'' N;
                                             073[deg]24'07.80'' W and
                                             then south to point in
                                             Norwalk Harbor near Green
                                             Buoy 15 at position
                                             41[deg]04'50.16'' N;
                                             073[deg]24'07.20'' W and
                                             then south to a point in
                                             Norwalk Harbor near Green
                                             Buoy 13 at position
                                             41[deg]04'40.86'' N;
                                             073[deg]24'90.00'' W and
                                             the south west to a point
                                             in Norwalk Harbor near NRG
                                             Norwalk at position
                                             41[deg]04'12.24'' N;
                                             073[deg]24'30.00'' W and
                                             then south west to a point
                                             in Long Island Sound near
                                             Tavern Island at position
                                             41[deg]03' 29.94'' N;
                                             073[deg]25'35.00'' W and
                                             then south west to a point
                                             in Long Island Sound near
                                             green buoy 1A at position
                                             41[deg]02' 55.26'' N;
                                             073[deg]26'15.60'' W and
                                             then south west to a point
                                             in Long Island Sound near
                                             Green's Ledge Light at
                                             position 41[deg]02'28.62''
                                             N; 073[deg]26'43.80'' W and
                                             then east to a point in
                                             Long Island Sound near
                                             Green's Ledge Light at
                                             position 41[deg]02'26.88''
                                             N; 073[deg]26'35.40'' W and
                                             then north to a point in
                                             Long Island Sound at
                                             position 41[deg]02'55.26''
                                             N; 073[deg]26' 15.60'' W
                                             and then north back to
                                             point of origin.

[[Page 28182]]

 
                                            Course two begins at a point
                                             on land near Harbor View
                                             Beach, Norwalk, CT at
                                             position 41[deg]05'00.00'';
                                             073[deg]23'55.80'' W and
                                             then west to a point in
                                             Norwalk Harbor at position
                                             41[deg]04'56.44'' N;
                                             073[deg]24'07.80'' W and
                                             then south to point in
                                             Norwalk Harbor near Green
                                             Buoy 15 at position
                                             41[deg]04'50.16'' N;
                                             073[deg]24'07.20'' W and
                                             then south to a point in
                                             Norwalk Harbor near Green
                                             Buoy 13 at position
                                             41[deg]04'40.86'' N;
                                             073[deg]24'90.00'' W and
                                             the south west to a point
                                             in Norwalk Harbor near NRG
                                             Norwalk at position
                                             41[deg]04'12.24'' N;
                                             073[deg]24'30.00'' W and
                                             then west to a point in
                                             Long Island Sound near
                                             Tavern Island at position
                                             41[deg]03'49.56'' N;
                                             073[deg]25'22.80'' W and
                                             the south to a point in
                                             Long Island Sound near
                                             Tavern Island at position
                                             41[deg]03'35.46'' N;
                                             073[deg]25'27.00'' W and
                                             then south east to a point
                                             in Long Island Sound near
                                             Tavern Island at position
                                             41[deg]03'32.76'' N;
                                             073[deg]25'19.20'' W and
                                             then north east to the
                                             point of origin (NAD 83).
                                          Additional
                                          stipulations: Vessel speed in
                                          the regulated area is
                                          restricted to no wake speed or
                                          6 knots, whichever is slower.
4 Fran Schnarr Open Water Championship.   Date: July 12, 2015.
                                          Time: 7:45 a.m. to 1
                                          p.m.
                                          Location: All waters
                                          of Northport Bay, Huntington,
                                          NY within the area with the
                                          point of origin in Northport
                                          Bay at position
                                          40[deg]54'25.8'' N
                                          073[deg]24'28.8'' W and then
                                          east to a point in Northport
                                          Bay at position
                                          40[deg]54'31.2'' N
                                          073[deg]25'21.0'' W and then
                                          south east to a point in
                                          Northport Harbor at position
                                          40[deg]54'45.0'' N
                                          073[deg]23'36.6'' W and then
                                          east to the point of origin
                                          (NAD 83).
5 Connecticut River Raft Race..........   Date: July 25, 2015.
                                          Time: 9:30 a.m. to
                                          2:30 p.m.
                                          Location: All waters
                                          of the Connecticut River near
                                          Middletown, CT between
                                          Gildersleeve Island (Marker
                                          no. 99) 41[deg]36'02.13'' N
                                          072[deg]37'22.71'' W and
                                          Portland Riverside Marina
                                          (Marker no. 88)
                                          41[deg]33'38.30'' N
                                          072[deg]37'36.53'' W (NAD 83).
                                            Additional Stipulations:
                                             Vessels must not anchor,
                                             block, loiter, or impede
                                             the transit of event
                                             participants or official
                                             patrol vessels in the
                                             regulated areas unless
                                             authorized by COTP or
                                             designated representative.
6 Aquapalooza..........................   Event type: Regatta.
                                          Date: July 26, 2015.
                                          Time: 11:30 a.m. to
                                          8:30 p.m.
                                          Location: All
                                          navigable waters of Zach's Bay
                                          south of the line connecting a
                                          point near the western
                                          entrance to Zach's Bay in
                                          approximate position
                                          40[deg]36'29.20'' N,
                                          073[deg]29'22.88'' W and a
                                          point near the eastern
                                          entrance of Zach's Bay in
                                          approximate position
                                          40[deg]36'16.53'' N,
                                          073[deg]28'57.26'' W.
                                          Additional
                                          stipulations: On July 26, 2015
                                          from 11:30 a.m. to 8 p.m.
                                          vessel speed in the regulated
                                          area is restricted to no wake
                                          speed or 6 knots, whichever is
                                          slower. On July 26, 2015 from
                                          3 p.m. to 5:30 p.m. vessels
                                          may only transit the regulated
                                          area in the northbound
                                          direction or outbound
                                          direction.
7 Riverhead Rocks Triathlon............   Date: August 9, 2015.
                                          Time: 6:20 a.m. to
                                          8:30 a.m.
                                          Location: All waters
                                          of the Peconic River,
                                          Riverhead, NY within the area
                                          bounded to the west by a line
                                          connecting points at
                                          40[deg]54'58.09'' N
                                          072[deg]39'37.56'' W on the
                                          northern bank and
                                          40[deg]54'56.74'' N
                                          072[deg]39'37.56'' W on the
                                          southern bank and bounded to
                                          the east by a line connecting
                                          points at 40[deg]55'01.92'' N
                                          072[deg]38'51.08'' W on the
                                          northern bank and
                                          40[deg]54'59.15'' N
                                          072[deg]38'51.08'' W on the
                                          southern bank (NAD 83).

[[Page 28183]]

 
8 Great Peconic Races..................   Date: September 20,
                                          2015.
                                          Time: 7:30 a.m. to
                                          5:30 p.m.
                                          Location: The
                                          regulated area includes all
                                          U.S. navigable waters of the
                                          Peconic River, Shelter Island,
                                          NY, of the Peconic River,
                                          Shelter Island, NY, inside two
                                          areas. The first area bound by
                                          a line extending from a point
                                          on land at Beach Point at
                                          position 41[deg]06'25.66'' N;
                                          072[deg]20'04.95'' W and then
                                          straight across the Peconic
                                          River to a point on land near
                                          Cleaves Point at position
                                          41[deg]06'43.70'' N;
                                          072[deg]20'31.99'' W and then
                                          west along the shoreline to a
                                          point on land near Brick Cove
                                          Marina at position
                                          41[deg]04'44.91'' N;
                                          072[deg]23'06.25'' W and then
                                          straight across the Peconic
                                          River to a point on land near
                                          Jennings Point at position
                                          41[deg]04'20.46'' N;
                                          072[deg]22'57.60'' W and then
                                          east along the shoreline back
                                          to the point of origin (NAD
                                          83). The second area would be
                                          bound by a line starting at a
                                          point on land near West Neck
                                          Point at position
                                          41[deg]02'48.14'' N;
                                          072[deg]20'19.34'' W and then
                                          straight across the Peconic
                                          River to a point on land near
                                          Gleason Point at position
                                          41[deg]02'04.91'' N;
                                          072[deg]19'54.47'' W and then
                                          east along the shoreline to a
                                          point on land at position
                                          41[deg]01'07.56'' N;
                                          072[deg]17'53.34'' W and the
                                          straight across the Peconic
                                          River to a point on land near
                                          Mashomack Point at position
                                          41[deg]01'44.68'' N;
                                          072[deg]16'54.87'' W and then
                                          west along the shoreline back
                                          to origin (NAD 83).
                                            Additional stipulations:
                                             Vessel speed in the
                                             regulated area is
                                             restricted to no wake speed
                                             or 6 knots, whichever is
                                             slower. Recreational
                                             vessels transiting in the
                                             regulated area must yield
                                             right-of-way for event
                                             participant and event
                                             safety craft and must
                                             follow directions given by
                                             event representatives
                                             during the event.
                                             Commercial vessel will have
                                             right-of-way over the event
                                             participants, and event
                                             safety craft.
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
4. Add Sec.  165.T01-0125 to read as follows:


Sec.  165.T01-0125  Safety Zones; Fireworks Displays in Captain of the 
Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 165.23 
as well as the following regulations apply to the events listed in 
Table 1 to Sec.  165.T01-0125.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in Table 1 to Sec.  165.T01-0125. If the 
event is delayed by inclement weather, the safety zone will be enforced 
on the rain date indicated in Table 1 to Sec.  165.T01-0125.
    (c) Definitions. The following definitions apply to this section:
    Designated Representative. A ``designated representative'' is any 
commissioned, warrant or petty officer of the U.S. Coast Guard who has 
been designated by the Captain of the Port (COTP), Sector Long Island 
Sound, to act on his or her behalf. The designated representative may 
be on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. While members of the Coast 
Guard Auxiliary will not serve as the designated representative, they 
may be present to inform vessel operators of this regulation.
    Official Patrol Vessels. Official patrol vessels may consist of any 
Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (d) Vessels desiring to enter or operate within a safety zone 
should contact the COTP or the designated representative via VHF 
channel 16 or by telephone at (203) 468-4401 to obtain permission to do 
so. Vessels given permission to enter or operate in a safety zone must 
comply with all directions given to them by the COTP Sector Long Island 
Sound or the designated on-scene representative.
    (e) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.
    (f) Fireworks barges used in these locations will also have a sign 
on their port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This 
sign will consist of 10 inch high by 1.5 inch wide red lettering on a 
white background.

                     TABLE 1 to Sec.   165.T01-0125
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            Fireworks Events
------------------------------------------------------------------------
1 USCG Academy Fireworks Entertainment.   Date: April 25, 2015.
                                          Time: 9:45 p.m. to
                                          10:55 p.m.
                                          Location: All waters
                                          of the Thames River near New
                                          London, CT within 350 feet of
                                          the land launch site in
                                          approximate position
                                          41[deg]22'28.03'' N,
                                          072[deg]05'48.81'' W (NAD 83).

[[Page 28184]]

 
2 Boys and Girls Club--Beach Ball 2015    Date: June 20, 2015.
 Fireworks.                               Rain Date: June 21,
                                          2015.
                                          Time: 8:45 p.m. to
                                          9:45 p.m.
                                          Location: All waters
                                          of Great South Bay near
                                          Bellport, NY within 600 feet
                                          of the fireworks barge located
                                          in approximate position
                                          40[deg]44'39.19'' N,
                                          073[deg]56'27.72'' W (NAD 83).
3 Marina at America Wharf Fireworks....   Date: June 20, 2015.
                                          Rain Date: June 21,
                                          2015.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: All waters
                                          of Thames River near Norwich,
                                          CT within 400 feet of the
                                          fireworks barge located in
                                          approximate position
                                          41[deg]31'16.835'' N,
                                          072[deg]04'43.327'' W (NAD
                                          83).
4 Cherry Groves Pride Week Fireworks...   Date: June 20, 2015.
                                          Rain Date: June 21,
                                          2015.
                                          Time: 8:50 p.m. to
                                          9:50 p.m.
                                          Location: All waters
                                          of Great South Bay near Fire
                                          Island, NY within 600 feet of
                                          the fireworks barge located in
                                          approximate position
                                          40[deg]39'49.06'' N,
                                          073[deg]05'27.99'' W (NAD 83).
5 Riverfest Fireworks..................   Date: July 11, 2015.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Connecticut River near
                                          Hartford, CT within 500 feet
                                          of the fireworks barges
                                          located in approximate
                                          positions 41[deg]45'41.94'' N,
                                          072[deg]39'50.74'' W and
                                          41[deg]54'38.30'' N,
                                          072[deg]39'48.19'' W (NAD 83).
6 Village of Saltaire Fireworks........   Date: August 1, 2015.
                                          Rain Date: September
                                          5, 2015.
                                          Time: 8 p.m. to 10
                                          p.m.
                                          Location: All waters
                                          of Saltaire Bay near Saltaire,
                                          NY within 600 feet of the
                                          fireworks barge located in
                                          approximate position
                                          40[deg]38'38.60'' N,
                                          073[deg]12'05.06'' W (NAD 83).
------------------------------------------------------------------------


    Dated: April 22, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2015-11930 Filed 5-15-15; 8:45 am]
 BILLING CODE 9110-04-P