[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Rules and Regulations]
[Pages 38398-38406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12558]



[[Page 38398]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2023-0001]
RIN 1625-AA08 and 1625-AA00


Special Local Regulations and Safety Zones; Recurring Marine 
Events, Fireworks Displays, and Swim Events Held in the Coast Guard 
Sector Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending the special local regulations and 
annual recurring marine events requiring safety zones for fireworks 
displays and swim events along the Coast Guard Sector Long Island Sound 
Captain of the Port Zone. When enforced, these special local 
regulations and safety zones restrict vessels from transiting regulated 
areas during certain annually recurring events. These amendments to the 
special local regulations and safety zones are intended to expedite 
public notification and ensure the protection of the maritime public 
and event participants from the hazards associated with certain marine 
events. This revision to both tables will consist of adding six events 
and removing 53.

DATES: This rule is effective July 13, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0001 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email If you have questions about this rulemaking, call or 
email MST1 Mark Paget, Waterways Management Division, Sector Long 
Island Sound; telephone: (203) 468-4583; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Long Island Sound
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 23, 2023 the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register titled ``Special Local 
Regulations and Safety Zones; Recurring Marine Events, Fireworks 
Displays, and Swim Events held in the Coast Guard Sector Long Island 
Sound Zone'' (88 FR 17474), proposing to update special local 
regulations and safety zones. There we stated why we issued the NPRM 
and invited comments on our proposed regulatory action. The comment 
period ended April 23, 2023. We received no comments. Swim events, 
fireworks displays, and marine events are held on an annual recurring 
basis on the navigable waters within the Coast Guard Sector Long Island 
Sound COTP Zone. The Coast Guard has established special local 
regulations and safety zones for some of these annually recurring 
events to ensure the protection of the maritime public and event 
participants from potential hazards. There are no changes to the rule 
from what was proposed.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters before, during, and after a scheduled event. 
The Coast Guard is issuing this rulemaking under authority in 46 U.S.C. 
70034 and 70041.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Long Island 
Sound (COTP) has determined that amending the 33 CFR 100.100 Table and 
the 33 CFR 165.151 Table is necessary to accurately reflect the 
recurring safety zones and Special Local Regulations to restrict vessel 
transit into and through specified areas. This will protect spectators, 
mariners, and other persons and property from potential hazards during 
events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 
23, 2023. The Coast Guard will amend regulations in 33 CFR 100.100 
Special Local Regulations; Regattas and Boat Races in the Coast Guard 
Sector Long Island Sound Captain of the Port Zone, by revising Sec.  
100.100(a) to note that that exact dates and times of the enforcement 
period of marine events listed in Table 1 to Sec.  100.100 will be made 
by means such as Local Notice to Mariners and Broadcast Notice to 
Mariners in advance of the events. Our revision of Sec.  100.100(a) and 
Table 1 to Sec.  100.100 appear at the end of this document and will 
consist of adding five events and removing three. The events removed no 
longer occur.
    Section 165.151, table 1, establishes recurring safety zones to 
restrict vessel transit into and through specified areas to protect 
spectators, mariners, and other persons and property from potential 
hazards during events taking place in Sector Long Island Sound's COTP 
zone. This section will sometimes require amendments to properly 
reflect the recurring safety zones in Table 1. This rule reduces the 
number of events listed in table 1 to Sec.  165.151 from 74 to 28. Most 
of those removed are events that no longer occur or do not require a 
safety zone.
    The Coast Guard amends 33 CFR 165.151 Safety Zones; Fireworks 
Displays, Air Shows, and Swim Events in the Captain of the Port Long 
Island Sound Zone, by revising Sec.  165.151(a)(2) to note we will use 
Local Notice to Mariners and Broadcast Notice to Mariners to announce 
the exact dates and times of the enforcement period of marine events 
listed in table 1 to Sec.  165.151. These notifications will be made in 
advance of the events. Our revision of Sec.  165.151(a)(2) and table 1 
to Sec.  165.151 appear in the regulatory text at the end of this 
document. There is one event added and 46 events have been removed 
based on no longer occurring or do not require a safety zone. The 
purpose of this rule is the same as for the existing regulation, to 
restrict general navigation in the safety zones during these events. 
Vessels intending to transit the designated waterway through the safety 
zones will only be allowed to transit the area when the COTP or a 
designated representative has deemed it safe to do so or at the 
completion of the events. The annually recurring safety zones are 
necessary to provide for the safety of life on navigable waters of the 
U.S. during the events.

V. Regulatory Analyses

    We developed this final rule after considering numerous statutes 
and Executive Orders related to rulemaking. A summary of our analyses 
based on these statutes and Executive Orders follows.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This NPRM has not been designated a ``significant 
regulatory action,'' under

[[Page 38399]]

Executive Order 12866. Accordingly, the NPRM has not been reviewed by 
the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the special local regulations and safety 
zones. These regulated areas are limited in size and duration and are 
usually positioned away from high vessel traffic areas. Moreover, the 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zones and the rule would allow vessels to seek 
permission to enter the zones. Vessel traffic would also be able to 
request permission from the COTP or a designated representative to 
enter the restricted area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this final 
rule would not have a significant economic impact on a substantial 
number of small entities.
    While some owners or operators of vessels intending to transit 
these regulated areas may be small entities, for the reasons stated in 
section IV.A above this final rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this final rule would 
have a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this final rule. If the final rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please call or email the person listed in the FOR FURTHER 
INFORMATION CONTACT section. The Coast Guard will not retaliate against 
small entities that question or complain about this final rule or any 
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this final rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have Tribal implications under Executive 
Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes. If 
you believe this final rule has implications for federalism or Indian 
Tribes, please call or email the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this final rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This final rule involves revising the 
tables to 33 CFR 100.100 and 33 CFR 165.151. Normally such actions are 
categorically excluded from further review under paragraph L60a, L60b, 
and L61 of appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1. A preliminary Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Amend Sec.  100.100 by revising paragraph (a) and table 1 to Sec.  
100.100 to read as follows:


Sec.  100.100  Special Local Regulations; Regattas and Boat Races in 
the Coast Guard Sector Long Island Sound Captain of the Port Zone.

    (a) The following regulations apply to the marine events listed in 
the Table 1 to Sec.  100.100. These regulations will be enforced for 
the duration of each event, on or about the dates indicated in table 1 
to Sec.  100.100. Notification of the exact dates and times of the 
enforcement period would be made to the local maritime community 
through all appropriate means, such as Local Notice to Mariners and 
Broadcast Notice to Mariners, in advance of the marine events. The 
First Coast Guard District

[[Page 38400]]

Local Notice to Mariners can be found at: http://www.navcen.uscg.gov.
* * * * *

                        Table 1 to Sec.   100.100
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5......................................                May
5.1 Harvard-Yale Regatta...............   Date: A single day in
                                          May or June.
                                          Time: 8 a.m. to 6 p.m.
                                          Location: All waters
                                          of the Thames River at New
                                          London, Connecticut between
                                          the Penn Central Draw Bridge
                                          at position 41[deg]21'46.94''
                                          N, 072[deg]05'14.46'' W to
                                          Bartlett Cove at position
                                          41[deg]25'35.9'' N,
                                          072[deg]05'42.89'' W (NAD 83).
                                          All positions are approximate.
5.2 Bethpage Air Show at Jones Beach...   Date: The Thursday
                                          through Sunday before Memorial
                                          Day each May.
                                          Time:
                                         (1) ``No Entry Area'' will be
                                          enforced each day from the
                                          start of the air show until 30
                                          minutes after it concludes.
                                          Exact time will be determined
                                          annually.
                                         (2) The ``Slow/No Wake Area''
                                          and the ``No Southbound
                                          Traffic Area'' will be
                                          enforced each day for six
                                          hours after the air show
                                          concludes. Exact time will be
                                          determined annually.
                                          Locations:
                                         (1) ``No Entry Area'': All
                                          waters of Oyster Bay Harbor in
                                          Long Island Sound off Oyster
                                          Bay, NY within a 1,000-foot
                                          radius of the launch platform
                                          in approximate position
                                          40[deg]53'42.50'' N,
                                          073[deg]30'04.30'' W (NAD 83).
                                         (2) ``Slow/No Wake Area'': All
                                          navigable waters between
                                          Meadowbrook State Parkway and
                                          Wantagh State Parkway and
                                          contained within the following
                                          area. Beginning in position
                                          40[deg]35'49.01'' N,
                                          73[deg]32'33.63'' W; then
                                          north along the Meadowbrook
                                          State Parkway to its
                                          intersection with Merrick Road
                                          in position 40[deg]39'14'' N,
                                          73[deg]34'0.76'' W; then east
                                          along Merrick Road to its
                                          intersection with Wantagh
                                          State Parkway in position
                                          40[deg]39'51.32'' N,
                                          73[deg]30'43.36'' W; then
                                          south along the Wantagh State
                                          Parkway to its intersection
                                          with Ocean Parkway in position
                                          40[deg]35'47.30'' N,
                                          073[deg]30'29.17'' W; then
                                          west along Ocean Parkway to
                                          its intersection with
                                          Meadowbrook State Parkway at
                                          the point of origin (NAD 83).
                                          All positions are approximate.
                                         (3) ``No Southbound Traffic
                                          Area'': All navigable waters
                                          of Zach's Bay south of the
                                          line connecting a point near
                                          the western entrance to Zach's
                                          Bay at position
                                          40[deg]36'29.20'' N,
                                          073[deg]29'22.88'' W and a
                                          point near the eastern
                                          entrance of Zach's Bay at
                                          position 40[deg]36'16.53'' N,
                                          073[deg]28'57.26'' W (NAD 83).
                                          All positions are approximate.
6......................................                June
6.1 Swim Across America Greenwich......   Date: A single day in
                                          June.
                                          Time: 5:30 a.m. to 12
                                          p.m.
                                          Location: All
                                          navigable waters of Stamford
                                          Harbor within an area starting
                                          at a point in position
                                          41[deg]01'32.03'' N,
                                          073[deg]33'8.93'' W, then
                                          southeast to a point in
                                          position 41[deg]01'15.01'' N,
                                          073[deg]32'55.58'' W; then
                                          southwest to a point in
                                          position 41[deg]0'49.25'' N,
                                          073[deg]33'20.36'' W; then
                                          northwest to a point in
                                          position 41[deg]0'58'' N,
                                          073[deg]33'27'' W; then
                                          northeast to a point in
                                          position 41[deg]1'15.8'' N,
                                          073[deg]33'9.85'' W, then
                                          heading north and ending at
                                          point of origin (NAD 83). All
                                          positions are approximate.
7......................................                July
7.1 Connecticut River Raft Race,          Date: A single day
 Middletown, CT.                          between the last Saturday in
                                          July through first Saturday of
                                          August.
                                          Time: 10 a.m. to 2
                                          p.m.
                                          Location: All waters
                                          of the Connecticut River near
                                          Middletown, CT, between
                                          Gildersleeve Island (Marker
                                          no. 99) at position
                                          41[deg]36'02.13'' N,
                                          072[deg]37'22.71'' W; and
                                          Portland Riverside Marina
                                          (Marker no. 88) at position
                                          41[deg]33'38.3'' N,
                                          072[deg]37'36.53'' W (NAD 83).
                                          All positions are approximate.
                                          Additional
                                          Stipulations: Spectators or
                                          other vessels shall not
                                          anchor, block, loiter, or
                                          impede the transit of event
                                          participants or official
                                          patrol vessels in the
                                          regulated areas unless
                                          authorized by COTP or
                                          designated representative.
7.2 Dolan Family July 4th Fireworks....   Date: A single day in
                                          July.
                                          Time: To be determined
                                          annually.
                                          Locations:
                                         (1) ``No Entry Area'': All
                                          waters of Oyster Bay Harbor in
                                          Long Island Sound off Oyster
                                          Bay, NY, within a 1,000-foot
                                          radius of the launch platform
                                          in approximate position
                                          40[deg]53'42.50'' N,
                                          073[deg]30'04.30'' W (NAD 83).

[[Page 38401]]

 
                                         (2) ``Slow/No Wake Area'': All
                                          waters of Oyster Bay Harbor in
                                          Long Island Sound off Oyster
                                          Bay, NY, contained within the
                                          following area; beginning at a
                                          point on land in position at
                                          40[deg]53'12.43'' N,
                                          073[deg]31'13.05'' W near
                                          Moses Point; then east across
                                          Oyster Bay Harbor to a point
                                          on land in position at
                                          40[deg]53'15.12'' N,
                                          073[deg]30'38.45'' W; then
                                          north along the shoreline to a
                                          point on land in position at
                                          40[deg]53'34.43'' N,
                                          073[deg]30'33.42'' W near Cove
                                          Point; then east along the
                                          shoreline to a point on land
                                          in position at
                                          40[deg]53'41.67'' N,
                                          073[deg]29'40.74'' W near
                                          Cooper Bluff; then south along
                                          the shoreline to a point on
                                          land in position
                                          40[deg]53'05.09'' N,
                                          073[deg]29'23.32'' W near Eel
                                          Creek; then east across Cold
                                          Spring Harbor to a point on
                                          land in position
                                          40[deg]53'06.69'' N,
                                          073[deg]28'19.9'' W; then
                                          north along the shoreline to a
                                          point on land in position
                                          40[deg]55'24.09'' N,
                                          073[deg]29'49.09'' W near
                                          Whitewood Point; then west
                                          across Oyster Bay to a point
                                          on land in position
                                          40[deg]55'5.29'' N,
                                          073[deg]31'19.47'' W near
                                          Rocky Point; then south along
                                          the shoreline to a point on
                                          land in position
                                          40[deg]54'04.11'' N,
                                          073[deg]30'29.18'' W near Plum
                                          Point; then northwest along
                                          the shoreline to a point on
                                          land in position
                                          40[deg]54'09.06'' N,
                                          073[deg]30'45.71'' W; then
                                          southwest along the shoreline
                                          to a point on land in position
                                          40[deg]54'03.2'' N,
                                          073[deg]31'01.29'' W; and then
                                          south along the shoreline back
                                          to point of origin (NAD 83).
                                          All positions are approximate.
7.3 Jones Beach State Park Fireworks...   Date: A single day in
                                          July.
                                          Time: To be determined
                                          annually.
                                          Locations:
                                         (1) ``No Entry Area'': All
                                          waters off of Jones Beach
                                          State Park, Wantagh, NY,
                                          within a 1,000-foot radius of
                                          the launch platform in
                                          approximate position
                                          40[deg]34'56.68'' N,
                                          073[deg]30'31.19'' W (NAD 83).
                                         (2) ``Slow/No Wake Area'': All
                                          navigable waters between
                                          Meadowbrook State Parkway and
                                          Wantagh State Parkway and
                                          contained within the following
                                          area. Beginning in position at
                                          40[deg]35'49.01'' N,
                                          073[deg]32'33.63'' W; then
                                          north along the Meadowbrook
                                          State Parkway to its
                                          intersection with Merrick Road
                                          in position at 40[deg]39'14''
                                          N, 073[deg]34'0.76'' W; then
                                          east along Merrick Road to its
                                          intersection with Wantagh
                                          State Parkway in position at
                                          40[deg]39'51.32'' N,
                                          073[deg]30'43.36'' W; then
                                          south along the Wantagh State
                                          Parkway to its intersection
                                          with Ocean Parkway in position
                                          at 40[deg]35'47.30'' N,
                                          073[deg]30'29.17'' W; then
                                          west along Ocean Parkway to
                                          its intersection with
                                          Meadowbrook State Parkway at
                                          the point of origin (NAD 83).
                                          All positions are approximate.
                                         (3) ``No Southbound Traffic
                                          Area'': All navigable waters
                                          of Zach's Bay south of the
                                          line connecting a point near
                                          the western entrance to Zach's
                                          Bay in position at
                                          40[deg]36'29.20'' N,
                                          073[deg]29'22.88'' W and a
                                          point near the eastern
                                          entrance of Zach's Bay in
                                          position at 40[deg]36'16.53''
                                          N, 073[deg]28'57.26'' W (NAD
                                          83). All positions are
                                          approximate.
7.4 Maggie Fischer Cross Bay Swim......   Date: A single day in
                                          July.
                                          Time: 5 a.m. to noon.
                                          Location: Waters of
                                          the Great South Bay, NY,
                                          within 100 yards of the race
                                          course. Starting Point at the
                                          Fire Island Lighthouse Dock in
                                          position at 40[deg]38'01'' N,
                                          073[deg]13'07'' W; then north-
                                          by-northwest to a point in
                                          position at 40[deg]38'52'' N,
                                          073[deg]13'09'' W; then north-
                                          by-northwest to a point in
                                          position at 40[deg]39'40'' N,
                                          073[deg]13'30'' W; then north-
                                          by-northwest to a point in
                                          position at 40[deg]40'30'' N,
                                          073[deg]14'00'' W; and then
                                          north-by-northwest, finishing
                                          at Gilbert Park, Brightwaters,
                                          NY at position 40[deg]42'25''
                                          N, 073[deg]14'52'' W (NAD 83).
                                          All positions are approximate.
7.5 Mystic Sharkfest Swim..............   Date: A single day in
                                          July.
                                          Time: 8 a.m. to 9:30
                                          a.m.
                                          Location: All waters
                                          of the Mystic River in Mystic,
                                          CT from Mystic Seaport, down
                                          the Mystic River, under the
                                          Bascule Drawbridge at
                                          41[deg]21'17.046'' N, 071[deg]
                                          58'8.742'' W, to finish at the
                                          boat launch ramp at the north
                                          end of Seaport Marine.
7.6 Bands on the Barge (Charles Island    Date: A single day in
 Music Festival).                         July.
                                          Time: 11 a.m. to 6
                                          p.m.
                                          Location: Waters of
                                          The Gulf, Milford, CT.
                                         (1) ``Non-Motorized Craft
                                          Loitering Area''. Beginning
                                          directly in front of the
                                          concert barge in position
                                          approximately at
                                          41[deg]11'47.2'' N,
                                          073[deg]3'30.6'' W; will cover
                                          a 25-yard width by 33-yard
                                          length rectangle.

[[Page 38402]]

 
                                         (2) ``The No Anchoring or
                                          Loitering Area''. A 25-yard
                                          width section surrounding the
                                          sides of the non-motorized
                                          craft loitering area and the
                                          sides and back of the concert
                                          barge located in a position
                                          approximately at
                                          41[deg]11'47.2'' N,
                                          073[deg]3'30.6'' W; then a 25
                                          yard width extending from the
                                          south side of the concert
                                          barge in a direction northeast
                                          for approximately 750 yards.
                                         (3) ``Slow-No Wake Area''.
                                          Beginning at the point
                                          northeast of Charles Island at
                                          position 41[deg]11'33.4'' N,
                                          073[deg]03'12.7'' W; then
                                          northwest, parallel to The Bar
                                          towards Silver Sands State
                                          Beach to a point at position
                                          41[deg]11'56.3'' N,
                                          073[deg]03'54.1'' W; then
                                          northeast along the coast to
                                          Milford Harbor Buoy ``10'' at
                                          position 41[deg]12'36.9'' N,
                                          073[deg]02'54.4'' W; then
                                          south along the coast of Gulf
                                          Beach to Welches Point at
                                          position 41[deg]12'06.8'' N,
                                          073[deg]02'16.6'' W; then west-
                                          southwest to point of origin
                                          on Charles Island at position
                                          41[deg]11'33.4'' N,
                                          073[deg]03'12.7'' W.
                                         (4) ``Prohibited Area''. A 10-
                                          yard radius surrounding
                                          Charles Island.
                                         Regulations. All persons and
                                          vessels are prohibited from
                                          anchoring, mooring, or
                                          loitering inside the ``No
                                          Anchoring and Loitering Area''
                                          described in paragraph (2) of
                                          this section and the
                                          prohibited area described in
                                          paragraph (4) of this section
                                          and are subject to a ``Slow-No
                                          Wake'' speed limit. Vessels
                                          within the regulated area
                                          described in paragraph (3) of
                                          this section may not produce
                                          more than a minimum wake and
                                          may not attain speeds greater
                                          than five knots unless a
                                          higher minimum speed is
                                          necessary to maintain
                                          steerageway when traveling
                                          with a strong current. In no
                                          case may the wake produced by
                                          a vessel within the ``Slow-No
                                          Wake'' area be such that it
                                          creates a danger of injury to
                                          persons or damage to vessels
                                          or structures unless specified
                                          by the COTP or their
                                          designated representative.
7.7 Jamesport Triathlon................   Date: A single day in
                                          July.
                                          Time: 5:30 a.m. to 10
                                          a.m.
                                          Location: Waters of
                                          the Great Peconic Bay, NY,
                                          1,000 feet east of South
                                          Jamesport Beach and South
                                          Jamesport Park.
8......................................               August
8.1 Riverfront Dragon Boat and Asian      Dates: A 2-day event
 Festival.                                in August.
                                          Time: 8 a.m. to 4:30
                                          p.m. each day.
                                          Location: All waters
                                          of the Connecticut River in
                                          Hartford, CT, between the
                                          Bulkeley Bridge at
                                          41[deg]46'10.10'' N,
                                          072[deg]39'56.13'' W and the
                                          Wilbur Cross Bridge at
                                          41[deg]45'11.67'' N,
                                          072[deg]39'13.64'' W (NAD 83).
                                          All positions are approximate.
8.2 Swim Across the Sound..............   Date: A single day in
                                          July or August.
                                          Time: To be determined
                                          annually.
                                          Location: Waters of
                                          Long Island Sound from Port
                                          Jefferson, NY, in approximate
                                          position 40[deg]58'11.71'' N,
                                          073[deg]05'51.12'' W; then
                                          northwest to Captain's Cove
                                          Seaport, Bridgeport, CT, in
                                          approximate position
                                          41[deg]09'25.07'' N,
                                          073[deg]12'47.82'' W (NAD 83).
8.3 Island Beach Two Mile Swim.........   Date: A single day in
                                          August.
                                          Time: To be determined
                                          annually.
                                          Location: All waters
                                          of Captain Harbor between
                                          Little Captain's Island and
                                          Bower's Island that are
                                          located within the box formed
                                          by connecting four points in
                                          the following positions.
                                          Beginning at 40[deg]59'23.35''
                                          N, 073[deg]36'42.05'' W; then
                                          northwest to 40[deg]59'51.04''
                                          N, 073[deg]37'57.32'' W; then
                                          southwest to 40[deg]59'45.17''
                                          N, 073[deg]38'01.18'' W; then
                                          southeast to 40[deg]59'17.38''
                                          N, 073[deg]36'45.9'' W; then
                                          northeast to the point of
                                          origin (NAD 83). All positions
                                          are approximate.
8.4 Smith Point Triathlon..............   Date: A single day in
                                          August.
                                          Time: 6 a.m. to 9 a.m.
                                          Location: All waters
                                          of Narrow Bay near Smith Point
                                          Park in Mastic Beach, NY,
                                          within the area bounded by
                                          land along its southern edge
                                          and points in position at
                                          40[deg]44'14.28'' N,
                                          072[deg]51'40.68'' W; then
                                          north to a point at position
                                          40[deg]44'20.83'' N,
                                          072[deg]51'40.68'' W; then
                                          east to a point at position
                                          40[deg]44'20.83'' N,
                                          072[deg]51'19.73'' W; then
                                          south to a point at position
                                          40[deg]44'14.85'' N,
                                          072[deg]51'19.73'' W; and then
                                          southwest along the shoreline
                                          back to the point of origin
                                          (NAD 83). All positions are
                                          approximate.
8.5 Moriches Bay Swim..................   Date: A single day in
                                          August.
                                          Time: To be determined
                                          annually.
                                          Location: Waters of
                                          Moriches Bay in Westhampton,
                                          NY; 100-yard width beginning
                                          from Speonk Point, NY to
                                          Gunning Point, NY.
9......................................             September
9.1 Head of the Tomahawk...............   Date: A single day in
                                          September.
                                          Time: To be determined
                                          annually.

[[Page 38403]]

 
                                          Location: All
                                          navigable waters of the
                                          Connecticut River off South
                                          Glastonbury, CT. Beginning at
                                          position 41[deg]41'18.88'' N;
                                          072[deg]37'16.26'' W; then
                                          downriver along the west bank
                                          to a point at position
                                          41[deg]38'49.12'' N,
                                          072[deg]37'32.73'' W; then
                                          across the Connecticut River
                                          to a point at position
                                          41[deg]38'49.5'' N,
                                          072[deg]37'19.55'' W; then
                                          upriver along the east bank to
                                          a point at position
                                          41[deg]41'25.82'' N,
                                          072[deg]37'9.08'' W; then
                                          across the Connecticut River
                                          to the point of origin (NAD
                                          83).
9.2 Huntington Lighthouse Music           Date: Saturday or
 Festival.                                Sunday during the first week
                                          of September.
                                          Time: 10 a.m. to 8
                                          p.m.
                                          Location: Waters of
                                          Huntington Bay, Long Island,
                                          NY.
                                         (1) ``The Lloyd Harbor Mooring
                                          Area''. Beginning at the
                                          Huntington Lighthouse, NY in
                                          position at 40[deg]54'38'' N,
                                          073[deg]25'52'' W; then
                                          southwest to a point in
                                          position at 40[deg]54'28.47''
                                          N, 073[deg]26'17.59'' W; then
                                          west along the coast of West
                                          Neck to a point in position at
                                          40[deg]54'46.32'' N,
                                          073[deg]26'56.25'' W; then
                                          north to a point in position
                                          at 40[deg]54'56.24'' N,
                                          073[deg]26'56.24'' W; then
                                          east along Lloyd Neck to a
                                          point in position at
                                          40[deg]54'49.78'' N,
                                          073[deg]26'8.51'' W; then
                                          north-northeast along the
                                          coast of Lloyd Neck to a point
                                          in position at
                                          40[deg]55'5.58'' N,
                                          073[deg]25'50.22'' W; and then
                                          to point of origin at
                                          Huntington Lighthouse, NY in
                                          position at 40[deg]54'38'' N,
                                          073[deg]25'52'' W.
                                         (2) ``The East of Channel
                                          Mooring Area''. Beginning at
                                          the point in position at
                                          40[deg]54'23.21'' N,
                                          073[deg]25'35.55'' W; then
                                          west along the coast of
                                          Wincoma, NY to a point in
                                          position at 40[deg]54'23'' N,
                                          073[deg]25'55.7'' W; then
                                          northeast to a point in
                                          position at 40[deg]54'37.7''
                                          N, 073[deg]25'42.4'' W; then
                                          southeast to a point in
                                          position at 40[deg]54'34.4''
                                          N, 073[deg]25'29.4'' W; and
                                          then to point of origin in
                                          position at 40[deg]54'23.21''
                                          N, 073[deg]25'35.55'' W.
                                         (3) ``Slow-No Wake Area''. All
                                          waters of Lloyd Harbor and
                                          waters of Huntington Bay south
                                          of a line from Target Rock
                                          National Wildlife Refuge at a
                                          point in position at
                                          40[deg]55'38.77'' N,
                                          073[deg]25'45.96'' and the
                                          south tip of Eaton's Neck at a
                                          point in position
                                          40[deg]54'51.44'' N,
                                          073[deg]24'17.76'' W. All
                                          coordinates are approximate
                                          and are based on datum NAD
                                          1983.
                                         Regulations. All persons and
                                          vessels are prohibited from
                                          anchoring, mooring, or
                                          loitering outside the
                                          designated mooring areas and
                                          are subject to a ``Slow-No
                                          Wake'' speed limit. Vessels
                                          within the regulated area
                                          described in paragraph (3) of
                                          this section may not produce
                                          more than a minimum wake and
                                          may not attain speeds greater
                                          than five knots unless a
                                          higher minimum speed is
                                          necessary to maintain
                                          steerageway when traveling
                                          with a strong current. In no
                                          case may the wake produced by
                                          a vessel within the ``Slow-No
                                          Wake'' area be such that it
                                          creates a danger of injury to
                                          persons or damage to vessels
                                          or structures unless specified
                                          by the COTP or their
                                          designated representative.
9.3 Dolan Family Labor Day Fireworks...   Date: A single day in
                                          September.
                                          Time: To be determined
                                          annually.
                                          Locations:
                                         (1) ``No Entry Area'': All
                                          waters of Oyster Bay Harbor in
                                          Long Island Sound off Oyster
                                          Bay, NY, within a 1,000-foot
                                          radius of the launch platform
                                          in approximate position
                                          40[deg]53'42.50'' N,
                                          073[deg]30'04.30'' W (NAD 83).
                                         (2) ``Slow/No Wake Area'': All
                                          waters of Oyster Bay Harbor in
                                          Long Island Sound off Oyster
                                          Bay, NY, contained within the
                                          following area; beginning at a
                                          point on land in position at
                                          40[deg]53'12.43'' N,
                                          073[deg]31'13.05'' W near
                                          Moses Point; then east across
                                          Oyster Bay Harbor to a point
                                          on land in position at
                                          40[deg]53'15.12'' N,
                                          073[deg]30'38.45'' W; then
                                          north along the shoreline to a
                                          point on land in position at
                                          40[deg]53'34.43'' N,
                                          073[deg]30'33.42'' W near Cove
                                          Point; then east along the
                                          shoreline to a point on land
                                          in position at
                                          40[deg]53'41.67'' N,
                                          073[deg]29'40.74'' W near
                                          Cooper Bluff; then south along
                                          the shoreline to a point on
                                          land in position
                                          40[deg]53'05.09'' N,
                                          073[deg]29'23.32'' W near Eel
                                          Creek; then east across Cold
                                          Spring Harbor to a point on
                                          land in position
                                          40[deg]53'06.69'' N,
                                          073[deg]28'19.9'' W; then
                                          north along the shoreline to a
                                          point on land in position
                                          40[deg]55'24.09'' N,
                                          073[deg]29'49.09'' W near
                                          Whitewood Point; then west
                                          across Oyster Bay to a point
                                          on land in position
                                          40[deg]55'5.29'' N,
                                          073[deg]31'19.47'' W near
                                          Rocky Point; then south along
                                          the shoreline to a point on
                                          land in position
                                          40[deg]54'04.11'' N,
                                          073[deg]30'29.18'' W near Plum
                                          Point; then northwest along
                                          the shoreline to a point on
                                          land in position
                                          40[deg]54'09.06'' N,
                                          073[deg]30'45.71'' W; then
                                          southwest along the shoreline
                                          to a point on land in position
                                          40[deg]54'03.2'' N,
                                          073[deg]31'01.29'' W; and then
                                          south along the shoreline back
                                          to point of origin (NAD 83).
                                          All positions are approximate.

[[Page 38404]]

 
10.1 Head of the Riverfront Rowing       Date: A single day in October.
 Regatta.
                                         Time: 5:30 a.m. to 5:30 p.m.
                                         Location: All waters of the
                                          Connecticut River, Hartford,
                                          CT between at point North of
                                          Wethersfield Cove at
                                          41[deg]43'52.17'' N,
                                          072[deg]38'40.38'' W and the
                                          Riverside Boat House
                                          41[deg]46'30.98'' N,
                                          072[deg]39'54.35'' W (NAD 83).
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
4. Amend Sec.  165.151 by revising paragraph (a)(2) and table 1 to 
Sec.  165.151 to read as follows:


Sec.  165.151  Safety Zones; Fireworks Displays, Air Shows and Swim 
Events in the Captain of the Port Long Island Sound Zone.

    (a) * * *
    (2) These regulations will be enforced for the duration of each 
event, on or about the dates indicated. In advance of the event, 
notifications will be made to the local maritime community through all 
appropriate means such as Local Notice to Mariners and Broadcast Notice 
to Mariners as to the exact dates and times of the enforcement period 
for an event. The First Coast Guard District Local Notice to Mariners 
can be found at: http://www.navcen.uscg.gov.
* * * * *

                        Table 1 to Sec.   165.151
------------------------------------------------------------------------
 
------------------------------------------------------------------------
4......................................               April
4.1 Bridgeport Bluefish April Fireworks   Date: A single day in
                                          April.
                                          Time: To be determined
                                          annually.
6......................................                June
6.1 Barnum Festival Fireworks..........   Date: A single day in
                                          June or July.
                                          Time: To be determined
                                          annually.
                                          Location: Waters of
                                          Bridgeport Harbor, Bridgeport,
                                          CT in approximate position
                                          41[deg]9'04'' N,
                                          073[deg]12'49'' W (NAD 83).
6.2 Salute to Veterans Fireworks.......   Date: A single day in
                                          June.
                                          Location: Waters of
                                          Reynolds Channel off
                                          Hempstead, NY in approximate
                                          position 40[deg]35'36.62'' N,
                                          073[deg]35'20.72'' W (NAD 83).
7......................................                July
7.1 Point O'Woods Fire Company Summer     Date: A single day in
 Fireworks.                               July.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: Waters of
                                          the Great South Bay, Point
                                          O'Woods, NY, in approximate
                                          position 40[deg]39'18.57'' N,
                                          073[deg]08'5.73'' W (NAD 83).
7.2 City of Norwalk Fireworks..........   Date: A single day in
                                          July.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          Calf Pasture Beach, Norwalk,
                                          CT, in approximate position,
                                          41[deg]04'50'' N,
                                          073[deg]23'22'' W (NAD 83).
7.3 Sag Harbor Fireworks...............   Date: A single day in
                                          July.
                                          Time: 9 p.m. to 10
                                          p.m.
                                          Location: Waters of
                                          Sag Harbor Bay off Havens
                                          Beach, Sag Harbor, NY, in
                                          approximate position
                                          41[deg]00'26'' N,
                                          072[deg]17'9'' W (NAD 83).
                                          Location: Waters of
                                          the Thames River, Norwich, CT
                                          in approximate position,
                                          41[deg]31'16.835'' N,
                                          072[deg]04'43.327'' W (NAD
                                          83).
7.4 Southampton Fresh Air Home            Date: A single day in
 Fireworks.                               July.
                                          Time: 9 p.m. to 10:30
                                          p.m.
                                          Location: Waters of
                                          Shinnecock Bay, Southampton,
                                          NY, in approximate position,
                                          40[deg]51'48'' N,
                                          072[deg]26'30'' W (NAD 83).
7.5 City of Middletown Fireworks.......   Date: A single day in
                                          July.
                                          Time: 8:30 p.m. to
                                          11:30 p.m.
                                          Location: Waters of
                                          the Connecticut River,
                                          Middletown Harbor, Middletown,
                                          CT, in approximate position
                                          41[deg]33'44.47'' N,
                                          072[deg]38'37.88'' W (NAD 83).
7.6 City of Norwich Fireworks..........   Date: A single day in
                                          July.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: Waters of
                                          the Thames River, Norwich, CT,
                                          in approximate position,
                                          41[deg]31'16.835'' N,
                                          072[deg]04'43.327'' W (NAD
                                          83).
7.7 City of Stamford Independence Day     Date: A single day in
 Celebration.                             June or July.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: Waters of
                                          Fisher's Westcott Cove,
                                          Stamford, CT, in approximate
                                          position 41[deg]02'09.56'' N,
                                          073[deg]30'57.76'' W (NAD 83).
7.8 CDM Chamber of Commerce Annual        Date: A single day in
 Music Fest Fireworks.                    July.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          Cedar Beach Town Park, Mount
                                          Sinai, NY, in approximate
                                          position 40[deg]57'59.58'' N,
                                          073[deg]01'57.87'' W (NAD 83).
7.9 Riverfest Fireworks................   Date: A single day in
                                          July.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.

[[Page 38405]]

 
                                          Location: Waters of
                                          the Connecticut River,
                                          Hartford, CT, in approximate
                                          positions, 41[deg]45'39.93''
                                          N, 072[deg]39'49.14'' W (NAD
                                          83).
7.10 Village of Asharoken Fireworks....   Date: A single day in
                                          July.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Northport Bay, Asharoken, NY,
                                          in approximate position,
                                          41[deg]55'54.04'' N,
                                          073[deg]21'27.97'' W (NAD 83).
7.11 Village of Port Jefferson            Date: A single day in
 Fireworks.                               July.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Port Jefferson Harbor, Port
                                          Jefferson, NY, in approximate
                                          position 40[deg]57'10.11'' N,
                                          073[deg]04'28.01'' W (NAD 83).
7.12 Village of Quoque Foundering         Date: A single day in
 Anniversary Fireworks.                   July.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Quantuck Bay, Quoque, NY, in
                                          approximate position
                                          40[deg]48'42.99'' N,
                                          072[deg]37'20.20'' W (NAD 83).
7.13 Mashantucket Pequot Fireworks        Date: A single day in
 (Sailfest).                              July.
                                          Time: 8:30 p.m. to 11
                                          p.m.
                                          Location: Waters of
                                          the Thames River, New London,
                                          CT, in approximate positions
                                          Barge 1, 41[deg]21'03.03'' N,
                                          072[deg]5'24.5'' W, Barge 2,
                                          41[deg]20'51.75'' N,
                                          072[deg]5'18.90'' W (NAD 83).
7.14 Shelter Island Fireworks..........   Date: A single day in
                                          July.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: Waters of
                                          Gardiner Bay, Shelter Island,
                                          NY, in approximate position
                                          41[deg]04'39.11'' N,
                                          072[deg]22'01.07'' W (NAD 83).
7.15 Town of North Hempstead Bar Beach    Date: A single day in
 Fireworks.                               July.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Hempstead Harbor, North
                                          Hempstead, NY, in approximate
                                          position 40[deg]49'54'' N,
                                          073[deg]39'14'' W (NAD 83).
7.16 City of Rowayton Fireworks........   Date: A single day in
                                          July.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: Waters of
                                          Long Island Sound south of
                                          Bayley Beach Park, Rowayton,
                                          CT, in approximate position
                                          41[deg]03'11'' N,
                                          073[deg]26'41'' W (NAD 83).
7.17 Connetquot River Summer Fireworks.   Date: A single day in
                                          July.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Connetquot River off
                                          Snapper Inn Restaurant,
                                          Oakdale, NY, in approximate
                                          position 40[deg]43'32.38'' N,
                                          073[deg]9'02.64'' W (NAD 83).
7.18 Town of Hempstead ``Salute to        Date: A single day in
 Veterans'' Concert and Fireworks         June or July.
 Display.
                                          Time: 7:30 p.m. to
                                          11:59 p.m.
                                          Location: Waters of
                                          Reynolds Channel at Lido Beach
                                          in Town of Hempstead, NY, in
                                          approximate position
                                          40[deg]35'36.81'' N,
                                          073[deg]35'20.37'' W (NAD 83).
8......................................               August
8.1 Taste of Italy Fireworks...........   Date: A single day in
                                          August.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Norwich Harbor, off Norwich
                                          Marina, Norwich, CT, in
                                          approximate position
                                          41[deg]31'17.72'' N,
                                          072[deg]04'43.41'' W (NAD 83).
8.2 City of Stamford Fireworks.........   Date: A single day in
                                          August.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Stamford Harbor, off
                                          Kosciuszco Park, Stamford, CT,
                                          in approximate position
                                          41[deg]01'48.46'' N,
                                          073[deg]32'15.32'' W (NAD 83).
9......................................             September
9.1 Village of Island Park Labor Day      Date: A single day in
 Celebration Fireworks.                   September.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          Village of Island Park Fishing
                                          Pier, Village Beach, NY, in
                                          approximate position
                                          40[deg]36'30.95'' N,
                                          073[deg]39'22.23'' W (NAD 83).
9.2 Archangel Michael Greek Orthodox      Date: A single day in
 Church Fireworks.                        September or October.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Hempstead Harbor off Bar Beach
                                          Town Park, Port Washington,
                                          NY, in approximate position
                                          40[deg]49'42'' N,
                                          073[deg]39'07'' W (NAD 83).
9.3 Port Washington Sons of Italy         Date: A single day in
 Fireworks.                               September.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Hempstead Harbor off Bar
                                          Beach, North Hempstead, NY, in
                                          approximate position
                                          40[deg]49'48.04'' N,
                                          073[deg]39'24.32'' W (NAD 83).
9.4 Town of Hempstead ``Big Shot''        Date: A single day in
 Concert and Fireworks Display.           September.
                                          Time: 9:30 p.m. to
                                          11:59 p.m.

[[Page 38406]]

 
                                          Location: Waters of
                                          Reynolds Channel at Lido Beach
                                          in Town of Hempstead, NY, in
                                          approximate position
                                          40[deg]35'36.81'' N,
                                          073[deg]35'20.37'' W (NAD 83).
11.....................................              November
11.1 Charles W. Morgan Anniversary        Date: A single day in
 Fireworks.                               November.
                                          Time: 8 p.m. to 11
                                          p.m.
                                          Location: Waters of
                                          the Mystic River, north of the
                                          Mystic Seaport Light, Mystic,
                                          CT, in approximate position
                                          41[deg]21'56.455'' N,
                                          071[deg]57'58.32'' W (NAD 83).
11.2 Connetquot River Fall Fireworks...   Date: A single day in
                                          November.
                                          Time: 8 p.m. to 11
                                          p.m.
                                          Location: Waters of
                                          the Connetquot River off
                                          Snapper Inn Restaurant,
                                          Oakdale, NY, in approximate
                                          position 40[deg]43'32.38'' N,
                                          073[deg]09'02.64'' W (NAD 83).
------------------------------------------------------------------------


    Dated: June 7, 2023.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2023-12558 Filed 6-12-23; 8:45 am]
BILLING CODE 9110-04-P