[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Proposed Rules]
[Pages 20930-20934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10537]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-95-033]
Special Local Regulation: 1995 Special Olympics World Games, Long
Island Sound, New Haven, CT
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation for the 1995 Special Olympics World Games. Maritime
activities held as a part of the Special Olympics World Games will take
place in the waters of Long Island Sound approaching New Haven,
Connecticut. The dates for these maritime activities are July 1-July
10, 1995. This regulation is needed to allow the Special Olympics World
Games Committee to hold the various maritime activities associated with
the 1995 Special Olympics World Games without interference from the
boating public, and to protect boaters, spectators, and participants
from the dangers associated with these events.
DATES: Comments must be received on or before May 30, 1995.
ADDRESSES: Comments should be mailed to Commander (b), First Coast
Guard District, Captain John Foster Williams Federal Building, 408
Atlantic Ave., Boston, MA 02110-3350, or may be hand delivered to Room
428 at the same address, between 8 a.m. and 4 p.m., Monday through
Friday, except federal holidays. Comments will become part of this
docket and will be available for inspection or copying at the above
address.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (jg) B.M. Algeo, Chief, Boating Affairs Branch, First Coast
Guard District, (617) 223-8311.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this notice (CGD01-95-033), the specific section of the
proposal to which each comment applies, and give reasons for each
comment. The Coast Guard requests that all comments and attachments be
submitted in an 8\1/2\'' x 11'' unbound format suitable for copying
and electronic filing. If that is not practical, a second copy of any
bound material is requested. Persons requesting acknowledgment of
receipt of comments should enclose a stamped, self-addressed postcard
or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to Commander (b), First Coast Guard District at the
address under ADDRESSES. The request should include reasons why a
hearing would be beneficial. If it is determined that the opportunity
for oral presentations will aid this rulemaking, the Coast Guard will
hold a public hearing at a time and place announced by a later notice
in the Federal Register.
Drafting Information
The drafters of this notice are Lieutenant(jg) Eric Doucette,
Project Manager, Captain of the Port, Long Island Sound, and Lieutenant
Commander F.J. Kenney, Project Counsel, First Coast Guard District
Legal Office.
Background and Purpose
The 1995 Special Olympics World Games are scheduled to be held in
New Haven, Connecticut, from July 1-July 10, 1995. As part of the
schedule of events, various maritime activities are planned for the
participants and the public. The Special Olympics World Games Committee
has submitted three marine events permits to the U.S. Coast Guard. The
maritime activities for which permits have been requested are to be
held in the waters of Long Island Sound approaching New Haven,
Connecticut. The activities include sailboat races, a Parade of Sail,
and fireworks displays. Due to the inherent dangers of fireworks
displays and the need for vessel control during the various races and
the Parade of Sail, vessel traffic will be temporarily restricted to
provide for the safety of the spectators and participants through the
establishment of a proposed regulated area in New Haven Harbor and Long
Island Sound.
The Coast Guard is establishing an operational order to provide for
the effective coordination of the activities [[Page 20931]] associated
with the 1995 Special Olympics World Games. The specific tasking given
to the various Coast Guard resources will be included in this
operational order. Due to the proximity of the participating vessels
and large number of expected spectator craft, it is necessary to
establish a special local regulation to control spectator vessel
movement within this confined area.
Discussion of Proposed Amendments
The Coast Guard proposes to establish a special local regulation on
specified waters of Long Island Sound and New Haven Harbor, New Haven,
Connecticut. Because of the varied nature of the events planned during
the Special Olympics World Games, and the length of time over which the
events are scheduled to run, the Coast Guard believes the most
effective way to meet all safety, security and vessel control
objectives is to establish a one large regulated area, divided into 15
sectors. As events occur, individual sectors will open and close as the
need arises. A chartlet illustrating each sector is available by
writing to the address under ADDRESSES or by calling the telephone
number in FOR FURTHER INFORMATION CONTACT. Provisions will be made,
when possible, to allow escort by Coast Guard patrol craft for vessels
desiring to transit a closed sector of the regulated area. Special
anchorage and viewing areas for spectator craft have also been
established. This regulation is needed to protect spectators and
participants from the hazards associated with the fireworks displays,
Parade of Sail, and to provide for vessel control in a confined area.
Regulatory Evaluations
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact to be
so minimal that a full Regulatory Evaluation, under paragraph 10e of
the regulatory policies and procedures of DOT, is unnecessary. This
conclusion is based on the fact that closed sectors will remain closed
for a limited amount of time, the extensive advisories that have been
and will be made to the affected maritime community so that they may
adjust their schedules accordingly, and the fact that the event
schedule will allow commercial interests to coordinate their activities
to allow minimal disruption to their enterprise.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their fields and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632).
For the reasons discussed in the Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal will not have
a significant economic impact on a substantial number of small
entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard is considering the environmental impacts of both
these Special Local Regulations and the marine events that will be part
of the 1995 Special Olympics World Games. It is anticipated that one
Environmental Assessment (EA) will be written for all Special Olympics
World Games events for which Coast Guard Marine Event Permits will be
issued. Comments in this regard should be forwarded to the address
listed under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
PART 33--[AMENDED]
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section, Sec. 100.35T01-033, is added to read as
follows:
Sec. 100.35T01-033 1995 Special Olympics World Games, New Haven, CT.
(a) Regulated Area. The regulated area will include all waters of
New Haven Harbor within the following points:
Point Latitude Longitude Reference
PT P 41 deg.17'07.5'' 072 deg.56'15.8' Kimberly Ave
N ' W
PT E 41 deg.14'48.0'' 072 deg.57'54.0' Prospect Beach
N ' W
PT K 41 deg.12'14.9'' 073 deg.01'13.0' Pond Point
N ' W
PT Q 41 deg.12'06.5'' 072 deg.53'50.0' NH Channel
N ' W
PT R 41 deg.12'09.0'' 072 deg.53'43.0' NH Channel
N ' W
PT J 41 deg.12'31.0'' 072 deg.51'46.0' Townsend Ledge
N ' W
PT A2 41 deg.14'45.4'' 072 deg.51'46.0' Bradford Cove
N ' W
PT I 41 deg.18'32.0'' 072 deg.53'15.0' Grand Ave Bridge
N ' W
(b) The following sectors have been designated within the Regulated
Area:
(1) Sector 1: Sailing Area. This area encompasses the area in which
the Special Olympics World Games sailing competitions will be held, and
will include all waters within the following points:
PT A 41 deg.15'35.0'' 072 deg.56'04.0' Sail
N ' W
PT B 41 deg.15'01.5'' 072 deg.54'55.2' Sail
N ' W
PT C 41 deg.14'23.5'' 072 deg.55'03.0' Sail
N ' W
PT D 41 deg.13'43.5'' 072 deg.57'21.0' Sail
N ' W
PT E 41 deg.14'48.0'' 072 deg.57'54.0' Sail
N ' W
(2) Sector 2: New Haven Entrance Channel, will include all waters
within the following points:
[[Page 20932]]
PT Q 41 deg.12'06.5'' 072 deg.53'50.0' NH Channel
N ' W
PT R 41 deg.12'09.0'' 072 deg.53'43.0' NH Channel
N ' W
PT S 41 deg.14'04.0'' 072 deg.54'59.0' NH Channel
N ' W
PT T 41 deg.14'03.0'' 072 deg.55'06.0' Buoy 7
N ' W
(3) Sector 3: Lighthouse (LH) Point Reach, will include all waters
within the following points:
PT S 41 deg.14'04.0'' 072 deg.54'59.0' NH Channel
N ' W
PT T 41 deg.14'03.0'' 072 deg.55'06.0' Buoy 7
N ' W
PT U 41 deg.16'18.0'' 072 deg.54'39.0' LH Pt Reach
N ' W
PT V 41 deg.16'19.0'' 072 deg.54'45.0' Buoy 15
N ' W
(4) Sector 4: New Haven Reach, will include all waters within the
following points:
PT W 41 deg.16'56.0'' 072 deg.54'39.0' Buoy 20
N ' W
PT U 41 deg.16'18.0'' 072 deg.54'39.0' LH Pt Reach
N ' W
PT V 41 deg.16'19.0'' 072 deg.54'45.0' Buoy 15
N ' W
PT X 41 deg.16'45.5'' 072 deg.54'48.0' Buoy 17
N ' W
PT Y 41 deg.17'49.0'' 072 deg.54'18.0' NH Reach
N ' W
PT Z 41 deg.17'54.0'' 072 deg.54'36.0' NH Reach
N ' W
(5) Sector 5: New Haven Long Wharf, will include all waters within
the following points:
PT L 41 deg.17'33.0'' 072 deg.54'54.0' Long Wharf
N ' W
PT M 41 deg.17'25.0'' 072 deg.54'41.0' Long Wharf
N ' W
PT N 41 deg.17'29.0'' 072 deg.54'40.0' Long Wharf
N ' W
PT O 41 deg.17'41.0'' 072 deg.55'00.0' Long Wharf
N ' W
(6) Sector 6: Barge Staging Operation Area, where barges carrying
fireworks will loiter prior to fireworks events. This sector will
include all waters within the following points:
PT F 41 deg.13'33.0'' 072 deg.57'23.0' West Break Wall
N ' W
PT G 41 deg.13'16.0'' 072 deg.56'32.0' West Break Wall
N ' W
PT T 41 deg.14'03.0'' 072 deg.55'06.0' Buoy 07
N ' W
PT C 41 deg.14'23.5'' 072 deg.55'03.0' Sail
N ' W
PT D 41 deg.13'43.5'' 072 deg.57'21.0' Sail
N ' W
(7) Sector 7: Fireworks (Barge) Launch Area, will include all
waters within the following points:
PT F5 41 deg.16'13.0'' 072 deg.54'21.0' Fireworks brg
N ' W
PT F6 41 deg.16'07.5'' 072 deg.54'51.0' Fireworks brg
N ' W
PT F7 41 deg.16'52.0'' 072 deg.54'56.0' Fireworks brg
N ' W
PT F8 41 deg.16'00.0'' 072 deg.54'22.0' Fireworks brg
N ' W
(8) Sector 8: Fireworks Launch (Bradley PT, West Haven CT) Area,
will include all waters within the following points:
PT F1 41 deg.15'06.0'' 072 deg.57'41.0' Fireworks land
N ' W
PT F2 41 deg.14'49.0'' 072 deg.57'30.0' Fireworks land
N ' W
PT F3 41 deg.14'59.0'' 072 deg.57'02.0' Fireworks land
N ' W
PT F4 41 deg.15'17.0'' 072 deg.57'14.0' Fireworks land
N ' W
(9) Sector 9: Spectator Area, will include all waters within the
following points:
PT Z 41 deg.17'54.0'' 072 deg.54'36.0' NH Reach
N ' W
PT N 41 deg.17'29.0'' 072 deg.54'40.0' Long Wharf
N ' W
PT O 41 deg.17'41.0'' 072 deg.55'00.0' Long Wharf
N ' W
(10) Sector 10: Spectator Area, will include all waters within the
following points:
PT A 41 deg.17'54.0'' 072 deg.54'36.0' NH Reach
N ' W
PT B 41 deg.17'29.0'' 072 deg.54'40.0' Long Wharf
N ' W
PT V 41 deg.17'41.0'' 072 deg.55'00.0' Long Wharf
N ' W
PT F6 41 deg.16'07.5'' 072 deg.54'51.0' Fireworks brg
N ' W
PT F7 41 deg.16'52.0'' 072 deg.54'56.0' Fireworks brg
N ' W
PT F8 41 deg.17'00.0'' 072 deg.54'22.0' Fireworks brg
N ' W
PT M 41 deg.17'25.0'' 072 deg.54'41.0' Long Wharf
N ' W
PT L 41 deg.17'33.0'' 072 deg.54'54.0' Long Wharf
N ' W
(11) Sector 11: Spectator Area, will include all waters within the
following points:
PT H 41 deg.14'32.0'' 072 deg.53'40.0' Morgan Point
N ' W
PT S 41 deg.14'04.0'' 072 deg.54'59.0' NH Channel
N ' W
PT U 41 deg.16'18.0'' 072 deg.54'39.0' LH Pt Reach
N ' W
PT F5 41 deg.16'13.0'' 072 deg.54'21.0' Fireworks brg
N ' W
Note: Sector 11 has numerous shallow water areas within its
boundaries. Spectator carft using this section should proceed with
extreme caution.
(12) Sector 12: Spectator Area, will include all waters within the
following points:
[[Page 20933]]
PT K 41 deg.12'14.9'' 073 deg.01'13.0' Pond Point
N ' W
PT A1 41 deg.12'14.9'' 072 deg.57'23.0' 37' Depth
N ' W
PT F 41 deg.13'33.0'' 072 deg.57'23.0' West Break Wall
N ' W
PT D 41 deg.13'43.5'' 072 deg.57'21.0' Sail
N ' W
PT E 41 deg.14'48.0'' 072 deg.57'54.0' Prospect Beach
N ' W
(13) Sector 13: Spectator Area, will include all waters within the
following points:
PT F 41 deg.13'33.0'' 072 deg.57'23.0' West Break Wall
N ' W
PT G 41 deg.13'16.0'' 072 deg.56'32.0' West Break Wall
N ' W
PT T 41 deg.14'03.0'' 072 deg.55'06.0' Buoy 07
N ' W
PT Q 41 deg.12'06.5'' 072 deg.53'50.0' NH Channel
N ' W
PT A1 41 deg.12'14.9'' 072 deg.57'23.0' 37' Depth
N ' W
(14) Sector 14: Spectator Area, will include all waters within the
following points:
PT H 41 deg.14'32.0'' 072 deg.53'40.0' Morgan Point
N ' W
PT J 41 deg.12'31.0'' 072 deg.51'46.0' Townsend Ledge
N ' W
PT R 41 deg.12'09.0'' 072 deg.53'43.0' NH Channel
N ' W
PT S 41 deg.14'04.0'' 072 deg.54'59.0' NH Channel
N ' W
(15) Sector 15: Spectator Area, will include all waters within the
following points:
PT A2 41 deg.14'45.4'' 072 deg.51'46.0' Bradford Cove
N ' W
PT J 41 deg.12'31.0'' 072 deg.51'46.0' Townsend Ledge
N ' W
PT H 41 deg.14'32.0'' 072 deg.53'40.0' Morgan Point
N ' W
(c) Enforcement Schedule: The Sectors in paragraph (b) will be
enforced as set out in Table 100.35T01-033.
Table 100.35T01-033.--Sector Enforcement Schedule
----------------------------------------------------------------------------------------------------------------
Date Sector Time Status
----------------------------------------------------------------------------------------------------------------
July 1, 1995............... ALL SECTORS ALL DAY......................... OPEN.
July 2, 1995............... 1 Midnight-10:00 a.m.............. OPEN.
1 10:00 a.m.-4:00 p.m............. CLOSED to all traffic.
1 4:01 p.m.-11:59 p.m............. OPEN.
2 Midnight-2:59 p.m............... OPEN.
2 3:00 p.m.-7:00 p.m.............. CLOSED to all traffic.
2 7:01 p.m.-11:59 p.m............. OPEN.
3 Midnight-2:59 p.m............... OPEN.
3 3:00 p.m.-7:00 p.m.............. CLOSED to all traffic.
3 7:01 p.m.-11:59 p.m............. OPEN.
4 Midnight-2:59 p.m............... OPEN.
4 3:00 p.m.-8:00 p.m.............. CLOSED to all traffic.
4 8:01 p.m.-11:59 p.m............. OPEN.
5 Midnight-2:59 p.m............... OPEN.
5 3:00 p.m.-5:00 p.m.............. CLOSED to all traffic.
5 5:01 p.m.-11:59 p.m............. OPEN.
6-15 ALL DAY......................... OPEN.
July 3, 1995............... 1 Midnight-11:59 a.m.............. OPEN.
1 12:00 noon-5:00 p.m............. CLOSED to all traffic.
1 5:01 p.m.-11:59 p.m............. OPEN.
2-15 ALL DAY......................... OPEN.
July 4, 1995............... 3 Midnight-4:59 p.m............... OPEN.
3 5:00 p.m.-6:00 p.m.............. CLOSED to all traffic.
3 6:01 p.m.-11:59 p.m............. OPEN.
6 Midnight-4:59 a.m............... OPEN.
6 5:00 a.m.-6:00 p.m.............. CLOSED to all traffic.
6 6:01 p.m.-11:59 p.m............. OPEN.
7 Midnight-4:59 p.m............... OPEN.
7 5:00 p.m.-11:00 p.m............. CLOSED to all traffic.
7 11:01 p.m.-11:59 p.m............ OPEN.
8 Midnight-7:59 p.m............... OPEN.
8 8:00 p.m.-11:00 p.m............. CLOSED to all traffic.
8 11:01 p.m.-11:59 p.m............ OPEN.
1-2 ALL DAY......................... OPEN.
4-5 ALL DAY......................... OPEN.
9-15 ALL DAY......................... OPEN.
July 5, 1995............... 1 Midnight-11:50 p.m.............. OPEN.
1 12:00 noon-5:00 p.m............. CLOSED to all traffic.
1 5:01 p.m.-11:59 p.m............. OPEN.
2-15 ALL DAY......................... OPEN.
July 6, 1995............... 1 Midnight-11:59 p.m.............. OPEN.
1 12:00 noon-5:00 p.m............. CLOSED to all traffic.
1 5:01 p.m.-11:59 p.m............. OPEN.
2-15 ALL DAY......................... OPEN.
[[Page 20934]]
July 7, 1995............... 1 Midnight-11:59 p.m.............. OPEN.
1 12:00 noon-5:00 p.m............. CLOSED to all traffic.
1 5:01 p.m.-11:59 p.m............. OPEN.
2-15 ALL DAY......................... OPEN.
July 8, 1995............... 1 Midnight-11:59 p.m.............. OPEN.
1 12:00 noon-5:00 p.m............. CLOSED to all traffic.
1 5:01 p.m.-11:59 p.m............. OPEN.
2-15 ALL DAY......................... OPEN.
July 9, 1995............... 1 Midnight-11:59 p.m.............. OPEN.
1 12:00 noon-5:00 p.m............. CLOSED to all traffic.
1 5:01 p.m.-11:59 p.m............. OPEN.
2-15 ALL DAY......................... OPEN.
July 10, 1995.............. ALL SECTORS ALL DAY......................... OPEN.
----------------------------------------------------------------------------------------------------------------
(d) Special local regulations.
(1) Commander, U.S. Coast Guard Forces Long Island Sound reserves
the right to delay, modify, or cancel any marine event within the
regulated area as conditions or circumstances require.
(2) No person or vessel may enter, transit, or remain in a closed
sector of the regulated area unless participating in the event or
unless authorized by the Coast Guard patrol commander. Spectator
vessels are required to remain out of all closed sectors within the
regulated area, in accordance with the established enforcement
schedule. Commercial towing vessels will not be allowed to operate in
any closed sector unless expressly authorized by the patrol commander.
(3) Vessels awaiting passage through the regulated area will be
required to wait outside established sectors when closed. A Coast Guard
patrol vessel will be stationed along each boundary of the closed
sectors. Vessels will not be allowed to transit, enter, cross, or
remain in sectors when closed.
(4) All persons and vessels shall comply with the instructions of
the Commander, U.S. Coast Guard Forces Long Island Sound or the
designated on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon
hearing five or more blasts from a U.S. Coast Guard vessel, the
operator of a vessel shall stop immediately, then proceed as directed.
Members of the Coast Guard Auxiliary may be present to inform vessel
operators of this regulation and other applicable laws.
(c) Effective period. This section is effective from 8 a.m.
Thursday, July 1, 1995, to 8 p.m. Monday, July 10, 1995, unless
otherwise specified in the Coast Guard Local Notice to Mariners and a
notice in the Federal Register.
Dated: April 18, 1995.
J. L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-10537 Filed 4-27-95; 8:45 am]
BILLING CODE 4910-14-M