Proposed Rule2023-05955
Special Local Regulations and Safety Zones; Recurring Marine Events, Fireworks Displays, and Swim Events Held in the Coast Guard Sector Long Island Sound Zone
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 23, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend the special local regulations and annual recurring marine events requiring safety zones for fireworks displays and swim events along the Coast Guard Sector Long Island Sound Captain of the Port Zone. When enforced, these special local regulations and safety zones restrict vessels from transiting regulated areas during certain annually recurring events. The proposed amendments to the special local regulations and safety zones are intended to expedite public notification and ensure the protection of the maritime public and event participants from the hazards associated with certain marine events. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 56 (Thursday, March 23, 2023)</title>
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[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17470-17479]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05955]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend the special local
regulations and annual recurring marine events requiring safety zones
for fireworks displays and swim events along the Coast Guard Sector
Long Island Sound Captain of the Port Zone. When enforced, these
special local regulations and safety zones restrict vessels from
transiting regulated areas during certain annually recurring events.
The proposed amendments to the special local regulations and safety
zones are intended to expedite public notification and ensure the
protection of the maritime public and event participants from the
hazards associated with certain marine events. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 24, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0001 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician 2nd Class
Mark Paget, Waterways Management Division, Sector Long Island Sound;
telephone (203) 468-4583; email <a href="/cdn-cgi/l/email-protection#335e5241581d521d435254564773464050541d5e5a5f"><span class="__cf_email__" data-cfemail="fc919d8e97d29dd28c9d9b9988bc898f9f9bd2919590">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 17471]]
II. Background, Purpose, and Legal Basis
Swim events, fireworks displays, and marine events are held on an
annual recurring basis on the navigable waters within the Coast Guard
Sector Long Island Sound COTP Zone. The Coast Guard has established
special local regulations and safety zones for some of these annually
recurring events to ensure the protection of the maritime public and
event participants from potential hazards.
The COTP Sector Long Island Sound proposes to revise 33 CFR 100.100
Special Local Regulations; Regattas and Boat Races in the Coast Guard
Sector Long Island Sound Captain of the Port Zone, Table 1 to Sec.
100.100 and 33 CFR 165.151 Safety Zones; Fireworks Displays, Air Shows,
and Swim Events in the Captain of the Port Long Island Sound Zone,
Table 1 to Sec. 165.151 and to make notifications of the enforcement
periods of exact dates and times through the Local Notice to Mariners
and Broadcast Notice to Mariners in advance of the events. Under these
current regulations, Sec. 100.100 and 165.151, if an event does not
have a date listed, then exact dates and times of the enforcement
period are announced through a Notice of Enforcement in the Federal
Register.
The marine events listed therein include air shows, firework
displays, swim events, and other marine related events requiring a
limited access area restricting vessel traffic for safety purposes. The
proposed revision to the tables would more accurately reflect the dates
of marine events based on historical occurrences.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after a scheduled event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 and 70041.
The Coast Guard encourages the public to participate in this
proposed rulemaking through the comment process so that any necessary
changes can be identified and implemented in a timely and efficient
manner. The Coast Guard will address all public comments accordingly,
whether through response, additional revision to the regulation, or
otherwise.
III. Discussion of Proposed Rule
Parts 100 and 165 of 33 CFR contain regulations establishing
special local regulations and safety zones to restrict vessel traffic
for the safety of persons and property. Section 100.100 establishes
Special Local Regulations to ensure the safety and security of marine
related events, participants, and spectators in the Coast Guard Sector
Long Island Sound Zone.
From time to time, these sections require revisions to properly
advertise the recurring regulations and to remove such regulations that
have not been enforced over a 5-year period in the Coast Guard Sector
Long Island Sound Zone. This proposed rule would reduce the number of
events listed in the Table 1 to Sec. 100.100 from 21 to 20.
The Coast Guard proposes to amend regulations in 33 CFR 100.100
Special Local Regulations; Regattas and Boat Races in the Coast Guard
Sector Long Island Sound Captain of the Port Zone, by revising Sec.
100.100(a) to note that that exact dates and times of the enforcement
period of marine events listed in Table 1 to Sec. 100.100 would be
made by means such as Local Notice to Mariners and Broadcast Notice to
Mariners in advance of the events and to revise the Table 1 to Sec.
100.100 as indicated below. Our proposed revision of Sec. 100.100(a)
and Table 1 to Sec. 100.100 appear at the end of this document.
Section 165.151, Table 1, establishes recurring safety zones to
restrict vessel transit into and through specified areas to protect
spectators, mariners, and other persons and property from potential
hazards presented during certain events taking place in Sector Long
Island Sound's COTP zone. From time to time, this section requires
amendments to properly reflect the recurring safety zones in Table 1.
This proposed rule would reduce the number of events listed from in
Table 1 from 74 to 29. Most of those removed are events that no longer
occur or do not require a safety zone.
The Coast Guard proposes to amend 33 CFR 165.151 Safety Zones;
Fireworks Displays, Air Shows, and Swim Events in the Captain of the
Port Long Island Sound Zone, by revising Sec. 165.151(a)(2) to note we
would use Local Notice to Mariners and Broadcast Notice to Mariners to
announce the exact dates and times of the enforcement period of marine
events listed in Table 1 to Sec. 165.151. These notifications would be
made in advance of the events. This proposed rule would remove the
current provision in Sec. 165.151(a)(2) that the Coast Guard will
publish notices in the Federal Register to announce the exact dates and
times of the enforcement period for events that do not have a date for
the event listed in the Sec. 165.151. This information would be made
solely via Local Notice to Mariners and Broadcast Notice to Mariners.
Our proposed revision of Sec. 165.151(a)(2) and Table 1 to Sec.
165.151 appear in the regulatory text at the end of this document. The
purpose of this proposed rule is the same as for the existing
regulation, to restrict general navigation in the safety zones during
these events. Vessels intending to transit the designated waterway
through the safety zones will only be allowed to transit the area when
the COTP or a designated representative has deemed it safe to do so or
at the completion of the events. The proposed annually recurring safety
zones are necessary to provide for the safety of life on navigable
waters of the U.S. during the events.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. A summary of our analyses
based on these statutes and Executive Orders follows.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the special local regulations and safety
zones. These regulated areas are limited in size and duration and are
usually positioned away from high vessel traffic areas. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zones and the rule would allow vessels to
seek permission to enter the zones. Vessel traffic would also be able
to request permission from the COTP or a designated representative to
enter the restricted area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
[[Page 17472]]
While some owners or operators of vessels intending to transit
these regulated areas may be small entities, for the reasons stated in
section IV.A above this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves revising
the tables to 33 CFR 100.100 and 33 CFR 165.151. Normally such actions
are categorically excluded from further review under paragraph L60a,
L60b, and L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0001 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects
33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
33 CFR Part 165
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR parts 100 and 165 as follows:
[[Page 17473]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Revise Sec. 100.100 paragraph (a) and Table 1 to Sec. 100.100 to
read as follows:
Sec. 100.100 Special Local Regulations; Regattas and Boat Races in
the Coast Guard Sector Long Island Sound Captain of the Port Zone.
(a) The following regulations apply to the marine events listed in
the Table 1 to Sec. 100.100. These regulations will be enforced for
the duration of each event, on or about the dates indicated in Table 1
to 100.100. Notification of the exact dates and times of the
enforcement period would be made to the local maritime community
through all appropriate means, such as Local Notice to Mariners and
Broadcast Notice to Mariners, in advance of the marine events. The
First Coast Guard District Local Notice to Mariners can be found at:
<a href="https://www.navcen.uscg.gov">https://www.navcen.uscg.gov</a>.
* * * * *
Table 1 to Sec. 100.100
------------------------------------------------------------------------
------------------------------------------------------------------------
5 May
5.1 Harvard-Yale Regatta............... <bullet> Date: A single day in
May or June.
<bullet> Time: 8 a.m. to 6 p.m.
<bullet> 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... <bullet> Date: The Thursday
through Sunday before Memorial
Day each May.
<bullet> 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.
<bullet> Locations:
(1) ``No Entry Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY within a 1000-foot
radius of the launch platform
in approximate position
40[deg]53'42.50'' N,
073[deg]30'04.30'' W (NAD 83).
(2) ``Slow/No Wake Area'': All
navigable waters between
Meadowbrook State Parkway and
Wantagh State Parkway and
contained within the following
area. Beginning in position
40[deg]35'49.01'' N,
73[deg]32'33.63'' W; then
north along the Meadowbrook
State Parkway to its
intersection with Merrick Road
in position 40[deg]39'14'' N,
73[deg]34'0.76'' W; then east
along Merrick Road to its
intersection with Wantagh
State Parkway in position
40[deg]39'51.32'' N,
73[deg]30'43.36'' W; then
south along the Wantagh State
Parkway to its intersection
with Ocean Parkway in position
40[deg]35'47.30'' N,
073[deg]30'29.17'' W; then
west along Ocean Parkway to
its intersection with
Meadowbrook State Parkway at
the point of origin (NAD 83).
All positions are approximate.
(3) ``No Southbound Traffic
Area'': All navigable waters
of Zach's Bay south of the
line connecting a point near
the western entrance to Zach's
Bay at position
40[deg]36'29.20'' N,
073[deg]29'22.88'' W and a
point near the eastern
entrance of Zach's Bay at
position 40[deg]36'16.53'' N,
073[deg]28'57.26'' W (NAD 83).
All positions are approximate.
6 June
6.1 Swim Across America Greenwich...... <bullet> Date: A single day in
June.
<bullet> Time: 5:30 a.m. to 12
p.m.
<bullet> 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, <bullet> Date: A single day
Middletown, CT. between the last Saturday in
July through first Saturday of
August.
<bullet> Time: 10 a.m. to 2
p.m.
<bullet> Location: All waters
of the Connecticut River near
Middletown, CT, between
Gildersleeve Island (Marker
no. 99) at position
41[deg]36'02.13'' N,
072[deg]37'22.71'' W; and
Portland Riverside Marina
(Marker no. 88) at position
41[deg]33'38.3'' N,
072[deg]37'36.53'' W (NAD 83).
All positions are approximate.
[[Page 17474]]
<bullet> 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.... <bullet> Date: A single day in
July.
<bullet> Time: To be determined
annually.
<bullet> Locations:
(1) ``No Entry Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY, within a 1,000-foot
radius of the launch platform
in approximate position
40[deg]53'42.50'' N,
073[deg]30'04.30'' W (NAD 83).
(2) ``Slow/No Wake Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY, contained within the
following area; beginning at a
point on land in position at
40[deg]53'12.43'' N,
073[deg]31'13.05'' W near
Moses Point; then east across
Oyster Bay Harbor to a point
on land in position at
40[deg]53'15.12'' N,
073[deg]30'38.45'' W; then
north along the shoreline to a
point on land in position at
40[deg]53'34.43'' N,
073[deg]30'33.42'' W near Cove
Point; then east along the
shoreline to a point on land
in position at
40[deg]53'41.67'' N,
073[deg]29'40.74'' W near
Cooper Bluff; then south along
the shoreline to a point on
land in position
40[deg]53'05.09'' N,
073[deg]29'23.32'' W near Eel
Creek; then east across Cold
Spring Harbor to a point on
land in position
40[deg]53'06.69'' N,
073[deg]28'19.9'' W; then
north along the shoreline to a
point on land in position
40[deg]55'24.09'' N,
073[deg]29'49.09'' W near
Whitewood Point; then west
across Oyster Bay to a point
on land in position
40[deg]55'5.29'' N,
073[deg]31'19.47'' W near
Rocky Point; then south along
the shoreline to a point on
land in position
40[deg]54'04.11'' N,
073[deg]30'29.18'' W near Plum
Point; then northwest along
the shoreline to a point on
land in position
40[deg]54'09.06'' N,
073[deg]30'45.71'' W; then
southwest along the shoreline
to a point on land in position
40[deg]54'03.2'' N,
073[deg]31'01.29'' W; and then
south along the shoreline back
to point of origin (NAD 83).
All positions are approximate.
7.3 Jones Beach State Park Fireworks... <bullet> Date: A single day in
July.
<bullet> Time: To be determined
annually.
<bullet> 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...... <bullet> Date: A single day in
July.
<bullet> Time: 5 a.m. to noon.
<bullet> 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.............. <bullet> Date: A single day in
July.
<bullet> Time: 8 a.m. to 9:30
a.m.
<bullet> Location: All waters
of the Mystic River in Mystic,
CT from Mystic Seaport, down
the Mystic River, under the
Bascule Drawbridge at
41[deg]21'17.046'' N, 071[deg]
58'8.742'' W, to finish at the
boat launch ramp at the north
end of Seaport Marine.
[[Page 17475]]
7.6 Charles Island Music Festival...... <bullet> Date: A single day in
July.
<bullet> Time: 11 a.m. to 6
p.m.
<bullet> Location: Waters of
The Gulf, Milford, CT.
(1) ``Non-Motorized Craft
Loitering Area''. Beginning
directly in front of the
concert barge in position
approximately at
41[deg]11'47.2'' N,
073[deg]3'30.6'' W; will cover
a 25-yard width by 33-yard
length rectangle.
(2) ``The No Anchoring or
Loitering Area''. A 25-yard
width section surrounding the
sides of the non-motorized
craft loitering area and the
sides and back of the concert
barge located in a position
approximately at
41[deg]11'47.2'' N,
073[deg]3'30.6'' W; then a 25
yard width extending from the
south side of the concert
barge in a direction northeast
for approximately 750 yards.
(3) ``Slow-No Wake Area''.
Beginning at the point
northeast of Charles Island at
position 41[deg]11'33.4'' N,
073[deg]03'12.7'' W; then
northwest, parallel to The Bar
towards Silver Sands State
Beach to a point at position
41[deg]11'56.3'' N,
073[deg]03'54.1'' W; then
northeast along the coast to
Milford Harbor Buoy ``10'' at
position 41[deg]12'36.9'' N,
073[deg]02'54.4'' W; then
south along the coast of Gulf
Beach to Welches Point at
position 41[deg]12'06.8'' N,
073[deg]02'16.6'' W; then west-
southwest to point of origin
on Charles Island at position
41[deg]11'33.4'' N,
073[deg]03'12.7'' W.
(4) ``Prohibited Area''. A 10-
yard radius surrounding
Charles Island.
Regulations. All persons and
vessels are prohibited from
anchoring, mooring, or
loitering inside the ``No
Anchoring and Loitering Area''
described in paragraph (2) of
this section and the
prohibited area described in
paragraph (4) of this section
and are subject to a ``Slow-No
Wake'' speed limit. Vessels
within the regulated area
described in paragraph (3) of
this section may not produce
more than a minimum wake and
may not attain speeds greater
than five knots unless a
higher minimum speed is
necessary to maintain
steerageway when traveling
with a strong current. In no
case may the wake produced by
a vessel within the ``Slow-No
Wake'' area be such that it
creates a danger of injury to
persons or damage to vessels
or structures unless specified
by the COTP or their
designated representative.
7.7 Jamesport Triathlon................ <bullet> Date: A single day in
July.
<bullet> Time: 5:30 a.m. to 10
a.m.
<bullet> Location: Waters of
the Great Peconic Bay, NY,
1000 feet east of South
Jamesport Beach and South
Jamesport Park.
8 August
8.1 Riverfront Dragon Boat and Asian <bullet> Dates: A 2-day event
Festival in August.
<bullet> Time: 8 a.m. to 4:30
p.m. each day.
<bullet> 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.............. <bullet> Date: A single day in
August.
<bullet> Time: To be determined
annually.
<bullet> 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......... <bullet> Date: A single day in
August.
<bullet> Time: To be determined
annually.
<bullet> 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.............. <bullet> Date: A single day in
August.
<bullet> Time: 6 a.m. to 9 a.m.
<bullet> 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.................. <bullet> Date: A single day in
August.
<bullet> Time: To be determined
annually.
[[Page 17476]]
<bullet> 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............... <bullet> Date: A single day in
September.
<bullet> Time: To be determined
annually.
<bullet> 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 <bullet> Date: Saturday or
Festival. Sunday during the first week
of September.
<bullet> Time: 10 a.m. to 8
p.m.
<bullet> 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... <bullet> Date: A single day in
September.
<bullet> Time: To be determined
annually.
<bullet> Locations:
(1) ``No Entry Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY, within a 1,000-foot
radius of the launch platform
in approximate position
40[deg]53'42.50'' N,
073[deg]30'04.30'' W (NAD 83).
[[Page 17477]]
(2) ``Slow/No Wake Area'': All
waters of Oyster Bay Harbor in
Long Island Sound off Oyster
Bay, NY, contained within the
following area; beginning at a
point on land in position at
40[deg]53'12.43'' N,
073[deg]31'13.05'' W near
Moses Point; then east across
Oyster Bay Harbor to a point
on land in position at
40[deg]53'15.12'' N,
073[deg]30'38.45'' W; then
north along the shoreline to a
point on land in position at
40[deg]53'34.43'' N,
073[deg]30'33.42'' W near Cove
Point; then east along the
shoreline to a point on land
in position at
40[deg]53'41.67'' N,
073[deg]29'40.74'' W near
Cooper Bluff; then south along
the shoreline to a point on
land in position
40[deg]53'05.09'' N,
073[deg]29'23.32'' W near Eel
Creek; then east across Cold
Spring Harbor to a point on
land in position
40[deg]53'06.69'' N,
073[deg]28'19.9'' W; then
north along the shoreline to a
point on land in position
40[deg]55'24.09'' N,
073[deg]29'49.09'' W near
Whitewood Point; then west
across Oyster Bay to a point
on land in position
40[deg]55'5.29'' N,
073[deg]31'19.47'' W near
Rocky Point; then south along
the shoreline to a point on
land in position
40[deg]54'04.11'' N,
073[deg]30'29.18'' W near Plum
Point; then northwest along
the shoreline to a point on
land in position
40[deg]54'09.06'' N,
073[deg]30'45.71'' W; then
southwest along the shoreline
to a point on land in position
40[deg]54'03.2'' N,
073[deg]31'01.29'' W; and then
south along the shoreline back
to point of origin (NAD 83).
All positions are approximate.
10.1 Head of the Riverfront Rowing Date: A single day in October.
Regatta.
Time: 5:30 a.m. to 5:30 p.m.
Location: All waters of the
Connecticut River, Hartford,
CT between at point North of
Wethersfield Cove at
41[deg]43'52.17'' N,
072[deg]38'40.38'' W and the
Riverside Boat House
41[deg]46'30.98'' N,
072[deg]39'54.35'' W (NAD 83).
------------------------------------------------------------------------
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for Part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
4. Revise Sec. 165.151 paragraph (a)(2) and Table 1 to Sec. 165.151
to read as follows:
Sec. 165.151 Safety Zones; Fireworks Displays, Air Shows and Swim
Events in the Captain of the Port Long Island Sound Zone.
(a) * * *
(2) These regulations will be enforced for the duration of each
event, on or about the dates indicated. In advance of the event,
notifications will be made to the local maritime community through all
appropriate means such as Local Notice to Mariners and Broadcast Notice
to Mariners as to the exact dates and times of the enforcement period
for an event. The First Coast Guard District Local Notice to Mariners
can be found at: <a href="http://www.navcen.uscg.gov">http://www.navcen.uscg.gov</a>.
* * * * *
Table 1 to Sec. 165.151
------------------------------------------------------------------------
------------------------------------------------------------------------
4 April
4.1 Bridgeport Bluefish April Fireworks <bullet> Date: A single day in
April.
<bullet> Time: To be determined
annually.
6 June
6.1 Barnum Festival Fireworks.......... <bullet> Date: A single day in
June or July.
<bullet> Time: To be determined
annually.
<bullet> 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....... <bullet> Date: A single day in
June.
<bullet> 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 <bullet> Date: A single day in
Fireworks. July.
<bullet> Time: 9 p.m. to 11
p.m.
<bullet> 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.......... <bullet> Date: A single day in
July.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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............... <bullet> Date: A single day in
July.
<bullet> Time: 9 p.m. to 10
p.m.
<bullet> 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).
<bullet> 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 <bullet> Date: A single day in
Fireworks. July.
<bullet> Time: 9 p.m. to 10:30
p.m.
[[Page 17478]]
<bullet> 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....... <bullet> Date: A single day in
July.
<bullet> Time: 8:30 p.m. to
11:30 p.m.
<bullet> 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.......... <bullet> Date: A single day in
July
<bullet> Time: 9 p.m. to 11
p.m.
<bullet> 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 <bullet> Date: A single day in
Celebration. July.
<bullet> Time: 9 p.m. to 11
p.m.
<bullet> 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 <bullet> Date: A single day in
Music Fest Fireworks. July.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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................ <bullet> Date: A single day in
July.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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.... <bullet> Date: A single day in
July.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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 <bullet> Date: A single day in
Fireworks. July.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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 <bullet> Date: A single day in
Anniversary Fireworks. July.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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 <bullet> Date: A single day in
(Sailfest). July.
<bullet> Time: 8:30 p.m. to 11
p.m.
<bullet> 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.......... <bullet> Date: A single day in
July.
<bullet> Time: 9 p.m. to 11
p.m.
<bullet> 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 <bullet> Date: A single day in
Fireworks. July.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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........ <bullet> Date: A single day in
July.
<bullet> Time: 9 p.m. to 11
p.m.
<bullet> 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. <bullet> Date: A single day in
July.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> Location: Waters of
the Connetquot River off
Snapper Inn Restaurant,
Oakdale, NY, in approximate
position 40[deg]43'32.38'' N,
073[deg]9'02.64'' W (NAD 83).
8 August
8.1 Taste of Italy Fireworks........... <bullet> Date: A single day in
August.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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......... <bullet> Date: A single day in
August.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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 <bullet> Date: A single day in
Celebration Fireworks. September.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
[[Page 17479]]
<bullet> 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 <bullet> Date: A single day in
Church Fireworks. September or October.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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 <bullet> Date: A single day in
Fireworks. September.
<bullet> Time: 8:30 p.m. to
10:30 p.m.
<bullet> 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'' <bullet> Date: A single day in
Concert and Fireworks Display. September.
<bullet> Time: 9:30 p.m. to
11:59 p.m.
<bullet> 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 <bullet> Date: A single day in
Fireworks. November.
<bullet> Time: 8 p.m. to 11
p.m.
<bullet> 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... <bullet> Date: A single day in
November.
<bullet> Time: 8 p.m. to 11
p.m.
<bullet> Location: Waters of
the Connetquot River off
Snapper Inn Restaurant,
Oakdale, NY, in approximate
position 40[deg]43'32.38'' N,
073[deg]09'02.64'' W (NAD 83).
------------------------------------------------------------------------
Dated: March 15, 2023.
S.A. Koch,
Commander, U.S. Coast Guard Alternate Captain of the Port Long Island
Sound.
[FR Doc. 2023-05955 Filed 3-22-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.