Special Local Regulations; Recurring Marine Events in the Fifth Coast Guard District, 12669-12679 [E8-4707]
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BILLING CODE 6760–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2007–0147]
RIN 1625–AA08
Special Local Regulations; Recurring
Marine Events in the Fifth Coast Guard
District
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard proposes to
create special local regulations to
regulate recurring marine events in the
Fifth Coast Guard District. These
regulations would apply to all permitted
events listed in the table attached to the
regulation, and include events such as
regattas, and marine parades. These
regulations are being proposed to reduce
the Coast Guard’s administrative
workload and expedite public
notification of events.
DATES: Comments and related material
must reach the Coast Guard on or before
April 9, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2007–0147 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
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If
you have questions on this proposed
rule, call Dennis Sens, Project Manager,
Fifth Coast Guard District, Prevention
Division, at (757) 398–6204. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2007–0147),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
click on ‘‘Search for Dockets,’’ and enter
the docket number for this rulemaking
(USCG–2007–0147) in the Docket ID
box, and click enter. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
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the DOT West Building, 1200 New
Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
Marine events are frequently held on
the navigable waters within the
boundary of the Fifth Coast Guard
District. For a description of the
geographical area of each Coast Guard
Sector—Captain of the Port Zone, please
see 33 CFR 3.25.
This regulation currently includes
events such as sailing regattas, power
boat races, swim races and holiday
parades. Currently, there are over 60
annually recurring marine events and
many other non-recurring events within
the district. In the past, the Coast Guard
regulated these events by creating
individual special local regulations on a
case by case basis. Most of these events
required only the establishment of a
regulated area and assignment of a
patrol commander to ensure safety.
Issuing individual, annual special local
regulations has created a significant
administrative burden on the Coast
Guard. From 2005 to 2007 the Coast
Guard created over 100 temporary
regulations for marine events in the
Fifth District. The numbers are expected
to rise in 2008 with the growing
popularity of water sports activities.
Additionally, for the majority of these
events, the Coast Guard does not receive
notification of the event, or important
details of the event are not finalized by
event organizers, with sufficient time to
publish a notice of proposed rulemaking
and final rule before the event date. The
Coast Guard must therefore create
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temporary final rules that sometimes are
not completed until only days before the
event. This results in delayed
notification to the public, potentially
placing the public and event
participants at risk.
This proposed rule would
significantly relieve the administrative
burden on the Coast Guard, and at the
same time allow the sponsor of the
event and the Coast Guard to notify the
public of these events in a timely
manner. The public would be provided
with notice of events through the table
attached to this regulation. This table
lists each recurring event that may be
regulated by the Coast Guard, and
indicates the sponsor, as well as the
date and location of the event. Because
the dates and locations of these events
may change slightly from year to year,
the specific information on each event,
including the exact dates, specific areas,
and description of the regulated area,
would be provided to the public
through a Local Notice to Mariners
published before the event, as well as
through Broadcast Notice to Mariners.
This table would also be updated by the
Coast Guard periodically to add new
recurring events, remove events that no
longer occur, and update listed events to
ensure accurate information is provided.
Discussion of Proposed Rule
This proposed rule would apply to
each event listed in the attached table to
this rule. Events listed in the table are
events that recur annually in the Fifth
Coast Guard District. The table provides
the event name and sponsor, as well as
an approximate date and location of the
event. The specific date and regulated
area for each event would be provided
in a Local Notice to Mariners and
Broadcast Notice to Mariners prior to
each event. Some events listed in the
table currently have permanent
regulations published in 33 CFR part
100, and these regulations would be
removed because they no longer occur
regularly.
For each event listed in the table, an
event patrol, with a Patrol Commander
in charge, may be assigned. The Patrol
Commander may control the movement
of all vessels in the regulated area(s).
When hailed or signaled by an official
patrol vessel, a vessel in these areas
would be required to immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any vessel participating
in the event, at any time it is deemed
necessary for the protection of life or
property.
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Only event sponsors, designated
participants, and official patrol vessels
would be allowed to enter a regulated
area. All persons and vessels not
registered with the event sponsor as
participants or official patrol vessels are
considered spectators. Spectators may
not enter the regulated area and may be
confined to a designated spectator area
to view the event. Spectators may
contact the Coast Guard Patrol
Commander to request permission to
pass through the regulated area. If
permission is granted, spectators would
be required to pass directly through the
regulated area at safe speed and without
loitering.
occurring. Additionally, in most cases,
vessels will be able to safely transit
around the regulated area at all times,
and, with the permission of the Patrol
Commander, vessels may transit
through the regulated area.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. The effect of this proposed
action merely establishes the dates on
which the existing regulations would be
enforced and consolidates them within
one regulation. It would not impose any
additional restrictions on vessel traffic.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT. The Coast Guard will not
retaliate against small entities that
question or complain about this rule or
any policy or action of the Coast Guard.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would affect
the following entities, some of which
might be small entities: The owners or
operators of vessels intending to transit
or anchor in the areas where marine
events are being held. This proposed
regulation will not have a significant
impact on a substantial number of small
entities because it will only be enforced
on marine events that have been
permitted by the Coast Guard Captain of
the Port. The Captain of the Port will
ensure that small entities are able to
operate in the areas where events are
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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Assistance for Small Entities
Collection of Information
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
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Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b) (2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
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Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
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standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. We believe that this rule
should be categorically excluded, under
figure 2–1, paragraph (34)(h), of the
Instruction, from further environmental
documentation. This proposed rule fits
the category of paragraph 34(h) because
it proposes to create special local
regulations for regattas and marine
parades.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
Words of Issuance and Proposed
Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Revise § 100.501 to read as follows:
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
The following regulations apply to the
marine events listed in Table 1 of this
section. These regulations will be
effective annually, for the duration of
each event listed in Table 1. Annual
notice of the exact dates and times of
the effective period of the regulation
with respect to each event, the
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geographical area, and details
concerning the nature of the event and
the number of participants and type(s)
of vessels involved will be published in
Local Notices to Mariners and via
Broadcast Notice to Mariners over VHF–
FM marine band radio.
(a) Definitions. The following
definitions apply to this section:
(1) Coast Guard Patrol Commander. A
Patrol Commander is a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
respective Coast Guard Sector—Captain
of the Port to enforce these regulations.
(2) Official Patrol means any vessel
assigned or approved by the respective
Captain of the Port with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(b) Event Patrol. The Coast Guard may
assign an event patrol, as described in
§ 100.40 of this part, to each regulated
event listed in the table. Additionally, a
Patrol Commander may be assigned to
oversee the patrol. The event patrol and
Patrol Commander may be contacted on
VHF–FM Channel 16.
(c) Special Local Regulations. (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels in the regulated area(s). When
hailed or signaled by an official patrol
vessel, a vessel in these areas shall
immediately comply with the directions
given. Failure to do so may result in
expulsion from the area, citation for
failure to comply, or both.
(2) The Coast Guard Patrol
Commander may terminate the event, or
the operation of any vessel participating
in the event, at any time it is deemed
necessary for the protection of life or
property.
(3) Only event sponsor designated
participants and official patrol vessels
are allowed to enter the regulated area.
(4) Spectators are only allowed inside
the regulated area if they remain within
a designated spectator area. Spectators
may contact the Coast Guard Patrol
Commander to request permission to
pass through the regulated area. If
permission is granted, spectators must
pass directly through the regulated area
at safe speed and without loitering.
(d) Contact Information. Questions
about marine events should be
addressed to the local Coast Guard
Captain of the Port for the area in which
the event is occurring. Contact
information is listed below. For a
description of the geographical area of
each Coast Guard Sector—Captain of the
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Port zone, please see subpart 3.25 of this
chapter.
(1) Coast Guard Sector Delaware
Bay—Captain of the Port Zone,
Philadelphia, Pennsylvania: (215) 271–
4944.
(2) Coast Guard Sector Baltimore—
Captain of the Port Zone, Baltimore,
Maryland: (410) 576–2525.
(3) Coast Guard Sector Hampton
Roads—Captain of the Port Zone,
Norfolk, Virginia: (757) 483–8567.
(4) Coast Guard Sector North
Carolina—Captain of the Port Zone,
Atlantic Beach, North Carolina: (252)
247–4545.
(5) Coast Guard Marine Safety Unit
Wilmington—Cape Fear River Captain
of the Port Zone, Wilmington, North
Carolina: (910) 772–2200.
(e) Application for Marine Events. The
application requirements of § 100.15 of
this part apply to all events listed in
Table 1. For information on applying for
a marine event, contact the Captain of
the Port for the area in which the event
will occur, at the phone numbers listed
above.
TABLE 1 TO § 100.501.—ALL COORDINATES LISTED IN TABLE 1 REFERENCE DATUM NAD 1983
No.
Date
Event
Sponsor
Location 1
Coast Guard Sector Delaware Bay—COTP Zone
June—1st Sunday
Atlantic County
Day at the Bay.
Atlantic County,
New Jersey.
2 .......
June—3rd Saturday.
Annual Escape
from Fort Delaware Triathlon.
Escape from Fort
Delaware
Triathlon, Inc.
3 .......
July—3rd Sunday
OPA Atlantic City
Grand Prix.
Offshore Performance Assn.
(OPA).
4 .......
July—On or about
July 4th.
U.S. holiday celebrations.
City of Philadelphia.
5 .......
August—2nd Friday, Saturday
and Sunday.
Point Pleasant
OPA/NJ Offshore Grand
Prix.
Offshore Performance Association (OPA) and
New Jersey Offshore Racing
Assn.
6 .......
July—3rd
Wednesday and
Thursday.
New Jersey Offshore Grand
Prix.
Offshore Performance Assn. &
New Jersey Offshore Racing
Assn.
7 .......
August—4th
Wednesday.
Thunder Over the
Boardwalk Air
show.
Atlantic City
Chamber of
Commerce.
8 .......
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1 .......
September—3rd
Saturday.
Annual Escape
from Fort Delaware Triathlon.
Escape from Fort
Delaware
Triathlon, Inc.
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The waters of Great Egg Harbor Bay, adjacent to Somers Point, New
Jersey, bounded by a line drawn along the following boundaries: the
area is bounded to the north by the shoreline along John F. Kennedy
Park and Somers Point, New Jersey; bounded to the east by the State
Route 52 bridge; bounded to the south by a line that runs along latitude 39°18′00″ N; and bounded to the west by a line that runs along
longitude 074°37′00″ W.
All waters of the Delaware River between Pea Patch Island and Delaware City, Delaware, bounded by a line connecting the following
points: latitude 39°36′35.7″ N, longitude 075°35′25.6″ W, to latitude
39°34′57.3″ N, longitude 075°33′23.1″ W, to latitude 39°34′11.9″ N,
longitude 075°34′28.6″ W, to latitude 39°35′52.4″ N, longitude
075°36′33.9″ W.
The waters of the Atlantic Ocean, adjacent to Atlantic City, New Jersey,
bounded by a line drawn between the following points: southeasterly
from a point along the shoreline at latitude 39°21′50″ N, longitude
074°24′37″ W, to latitude 39°20′40″ N, longitude 074°23′50″ W, thence
southwesterly to latitude 39°19′33″ N, longitude 074°26′52″ W, thence
northwesterly to a point along the shoreline at latitude 39°20′43″ N,
longitude 074°27′40″ W, thence northeasterly along the shoreline to
latitude 39°21′50″ N, longitude 074°24′37″ W.
The waters of the Delaware River, adjacent to Philadelphia, PA and
Camden, NJ, from shoreline to shoreline, bounded on the south by the
Walt Whitman Bridge and bounded on the north by the Benjamin
Franklin Bridge.
The waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Normandy Beach, NJ at latitude
40°00′00″ N, longitude 074°03′30″ W, thence easterly to latitude
39°59′40″ N, longitude 074°02′00″ W, thence southwesterly to latitude
39°56′35″ N, longitude 074°03′00″ W, thence westerly to a position
near the Seaside Heights Pier at latitude 39°56′35″ N, longitude
074°04′15″ W, thence northerly along the shoreline to the point of origin.
The waters of the Manasquan River from the New York and Long Branch
Railroad to Manasquan Inlet, together with all of the navigable waters
of the United States from Asbury Park, New Jersey, latitude 40°14′00″
N; southward to Seaside Park, New Jersey latitude 39°55′00″ N, from
the New Jersey shoreline seaward to the limits of the Territorial Sea.
The race course area extends from Asbury Park to Seaside Park from
the shoreline, seaward to a distance of 8.4 nautical miles.
The waters of the Atlantic Ocean, adjacent to Atlantic City, New Jersey,
bounded by a line drawn between the following points: southeasterly
from a point along the shoreline at latitude 39°21′31″ N, longitude
074°25′04″ W, thence to latitude 39°21′08″ N, longitude 074°24′48″ W,
thence southwesterly to latitude 39°20′16″ N, longitude 074°27′17″ W,
thence northwesterly to a point along the shoreline at latitude
39°20′44″ N, longitude 074°27′31″ W, thence northeasterly along the
shoreline to latitude 39°21′31″ N, longitude 074°25′04″ W.
All waters of the Delaware River between Pea Patch Island and Delaware City, Delaware, bounded by a line connecting the following
points: latitude 39°36′35.7″ N, longitude 075°35′25.6″ W, to latitude
39°34′57.3″ N, longitude 075°33′23.1″ W, to latitude 39°34′11.9″ N,
longitude 075°34′28.6″ W, to latitude 39°35′52.4″ N, longitude
075°36′33.9″ W.
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TABLE 1 TO § 100.501.—ALL COORDINATES LISTED IN TABLE 1 REFERENCE DATUM NAD 1983—Continued
No.
Date
9 .......
September—last
Friday, Saturday and Sunday; or October-first Friday,
Saturday and
Sunday.
October—2nd
Saturday and
Sunday.
11 .....
12 .....
10 .....
Event
Sponsor
Location 1
Sunset Lake
Hydrofest.
Sunset Lake
Hydrofest Assn.
All waters of Sunset Lake, New Jersey, from shoreline to shoreline, south
of latitude 38°58′32″ N.
The Liberty Grand
Prix.
Offshore Performance Assn.
(OPA).
October—1st
Monday (Columbus Day).
U.S. holiday celebrations.
City of Philadelphia.
December—On
December 31st
(New Year’s
Eve).
U.S. holiday celebrations.
City of Philadelphia.
The waters of the Delaware
Camden, NJ, from shoreline
Walt Whitman Bridge and
Franklin Bridge.
The waters of the Delaware
Camden, NJ, from shoreline
Walt Whitman Bridge and
Franklin Bridge.
The waters of the Delaware
Camden, NJ, from shoreline
Walt Whitman Bridge and
Franklin Bridge.
River, adjacent to Philadelphia, PA and
to shoreline, bounded on the south by the
bounded on the north by the Benjamin
River, adjacent to Philadelphia, PA and
to shoreline, bounded on the south by the
bounded on the north by the Benjamin
River, adjacent to Philadelphia, PA and
to shoreline, bounded on the south by the
bounded on the north by the Benjamin
Coast Guard Sector Baltimore—COTP Zone
13 .....
March—4th or last
Saturday.
Safety at Sea
Seminar.
U.S. Naval Academy.
14 .....
March—last Friday, Saturday
and Sunday;
April and May—
every Friday,
Saturday and
Sunday.
USNA Crew
Races.
U.S. Naval Academy.
15 .....
April—2nd Saturday.
St. Mary’s
Seahawk Sprint.
St. Mary’s College
of Maryland.
16 .....
May—1st Sunday
Nanticoke River
Swim and
Triathlon.
Nanticoke River
Swim and
Triathlon, Inc.
17 .....
May—2nd Saturday and Sunday.
May—3rd Friday,
Saturday and
Sunday.
Baltimore County
Community Waterfront Festival.
Dragon Boat
Races at
Thompson
Boathouse,
Georgetown,
Washington,
DC.
Baltimore County
ebenthall on PRODPC61 with PROPOSALS
18 .....
VerDate Aug<31>2005
15:37 Mar 07, 2008
Jkt 214001
Dragon Boat Festival, Inc.
PO 00000
Frm 00009
All waters of the Severn River from shoreline to shoreline, bounded to
the northwest by a line drawn from the south shoreline at latitude
39°00′38.9″ N., longitude 076°31′05.2″ W. thence to the north shoreline at latitude 39°00′54.7″ N., longitude 076°30′44.8″ W., this line is
approximately 1300 yards northwest of the U.S. 50 fixed highway
bridge. The regulated area is bounded to the southeast by a line drawn
from the Naval Academy Light at latitude 38°58′39.5″ N., longitude
076°28′49″ W. thence southeast to a point 700 yards east of Chinks
Point, MD at latitude 38°58′1.9″ N., longitude 076°28′1.7″ W. thence
northeast to Greenbury Point at latitude 38°58′29″ N., longitude
076°27′16″ W.
All waters of the Severn River from shoreline to shoreline, bounded to
the northwest by a line drawn from the south shoreline at latitude
39°00′38.9″ N., longitude 076°31′05.2″ W. thence to the north shoreline at latitude 39°00’54.7″ N., longitude 076°30′44.8″ W., this line is
approximately 1300 yards northwest of the U.S. 50 fixed highway
bridge. The regulated area is bounded to the southeast by a line drawn
from the Naval Academy Light at latitude 38°58′39.5″ N., longitude
076°28′49″ W. thence southeast to a point 700 yards east of Chinks
Point, MD at latitude 38°58′1.9″ N., longitude 076°28′1.7″ W. thence
northeast to Greenbury Point at latitude 38°58′29″ N., longitude
076°27′16″ W.
All waters of the St. Mary’s River, from shoreline to shoreline, bounded to
the south by a line at latitude 38°10′05″ N, and bounded to the north
by a line at latitude 38°12′00″ N.
All waters of the Nanticoke River, including Bivalve Channel and Bivalve
Harbor, bounded by a line drawn from a point on the shoreline at latitude 38°18′00″ N, longitude 075°54′00″ W, thence westerly to latitude
38°18′00″ N, longitude 075°55′00″ W, thence northerly to latitude
38°20′00″ N, longitude 075°53′48″ W, thence easterly to latitude
38°19′42″ N, longitude 075°52′54″ W.
All waters of Martin Lagoon that are north of a line drawn from latitude
39°19′34″ N, longitude 076°25′41″ W, thence to a position located at
39°19′33″ N, longitude 076°25′33″ W.
The waters of the Upper Potomac River, Washington, DC, from shoreline
to shoreline, bounded upstream by the Francis Scott Key Bridge and
downstream by the Roosevelt Memorial Bridge.
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12674
Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules
TABLE 1 TO § 100.501.—ALL COORDINATES LISTED IN TABLE 1 REFERENCE DATUM NAD 1983—Continued
No.
Date
Event
Sponsor
May—3rd Tuesday and
Wednesday.
Blue Angels Air
Show.
20 .....
June—2nd Sunday.
The Great Chesapeake Bay
Bridges Swim
Races and
Chesapeake
Challenge One
Mile Swim.
21 .....
June—3rd Saturday or July—
3rd Saturday.
Maryland Swim
for Life.
22 .....
June—last Saturday and Sunday.
Bo Bowman Memorial—
Sharptown Regatta.
23 .....
August—1st Saturday and Sunday.
Thunder on the
Narrows.
24 .....
Labor Day weekend —Saturday
and Sunday, or
Monday.
Annual Ragin on
the River.
25 .....
September—2nd
Saturday.
26 .....
September—2nd
Sunday.
Dragon Boat
Races in the
Inner Harbor.
Annapolis
Triathlon Swim.
27 .....
September—4th
or last Saturday
and Sunday.
Cambridge Offshore Challenge.
28 .....
September—last
Saturday.
Chesapeakeman
Ultra Triathlon.
29 .....
ebenthall on PRODPC61 with PROPOSALS
19 .....
October—last Saturday or November—1st
Saturday.
Tug of War ..........
VerDate Aug<31>2005
15:37 Mar 07, 2008
Jkt 214001
Location 1
U.S. Naval Academy.
All waters of the Severn River from shoreline to shoreline, bounded to
the northwest by a line drawn from the south shoreline at latitude
39°00′38.9″ N., longitude 076°31′05.2″ W. thence to the north shoreline at latitude 39°00′54.7″ N., longitude 076°30’44.8″ W., this line is
approximately 1300 yards northwest of the U.S. 50 fixed highway
bridge. The regulated area is bounded to the southeast by a line drawn
from the Naval Academy Light at latitude 38°58′39.5″ N., longitude
076°28′49″ W. thence southeast to a point 700 yards east of Chinks
Point, MD at latitude 38°58′1.9″ N., longitude 076°28′1.7″ W. thence
northeast to Greenbury Point at latitude 38°58′29″ N., longitude
076°27′16″ W.
Great ChesaThe waters of the Chesapeake Bay between and adjacent to the spans
peake Bay
of the William P. Lane Jr. Memorial Bridge shore to shore 500 yards
Swim, Inc.
north of the north span of the bridge from the western shore at latitude
39°00′36″ N, longitude 076°23′05″ W and the eastern shore at latitude
38°59′14″ N, longitude 076°20′00″ W, and 500 yards sough of the
south span of the bridge from the western shore at latitude 39°00′16″
N, longitude 076°24′30″ W and the eastern shore at latitude
38°58’38.5″ N, longitude 076°20′06″ W.
District of ColumThe waters of the Chester River from shoreline to shoreline, bounded on
bia Aquatics
the south by a line drawn at latitude 39°10′16″ N, near the Chester
Club.
River Channel Buoy 35 (LLN–26795) and bounded on the north at latitude 39°12′30″ N by the Maryland S.R. 213 Highway Bridge.
Virginia/Carolina
All waters of the Nanticoke River, near Sharptown, Maryland, between
Racing Assn.
Maryland S.R. 313 Highway Bridge and Nanticoke River Light 43
(LLN–24175), bounded by a line drawn between the following points:
southeasterly from latitude 38°32′46″ N, longitude 075°43′14″ W, to
latitude 38°32′42″ N, longitude 075°43′09″ W, thence northeasterly to
latitude 38°33′04″ N, longitude 075°42′39″ W, thence northwesterly to
latitude 38°33′09″ N, longitude 075°42′44″ W, thence southwesterly to
latitude 38°32′46″ N, longitude 075°43′14″ W.
Kent Narrows
All waters of Prospect Bay enclosed by the following points: latitude
Racing Assn.
38°57′52.0″ N, longitude 076°14′48.0″ W, to latitude 38°58′02.0″ N,
longitude 076°15′05.0″ W, to latitude 38°57′38.0″ N, longitude
076°15′29.0″ W, to latitude 38°57′28.0″ N, longitude 076°15′23.0″ W,
to latitude 38°57′52.0″ N, longitude 076°14′48.0″ W.
Port Deposit, MD, The waters of the Susquehanna River, adjacent to Port Deposit, MaryChamber of
land, from shoreline to shoreline, bounded on the south by the U.S. I–
Commerce.
95 fixed highway bridge, and bounded on the north by a line running
southwesterly from a point along the shoreline at latitude 39°36′22″ N,
longitude 076°07′08″ W, thence to latitude 39°36′00″ N, longitude
076°07′46″ W.
Associated Catho- The waters of the Patapsco River, Baltimore, MD, Inner Harbor from
lic Charities, Inc.
shoreline to shoreline, bounded on the east by a line drawn along longitude 076°36′30″ W.
City of Annapolis
The approaches to Annapolis Harbor, the waters of Spa Creek, and the
and the AnnapSevern River, shore to shore, bounded on the south by a line drawn
olis Triathlon
from Carr Point, at latitude 38°58′58.0″ N, longitude 076°27′40.0″ W,
Club.
thence to Horn Point Warning Light (LLNR 17935), at 38°58′24.0″ N,
longitude 076°28′10.0″ W, thence to Horn Point, at 38°58′20.0″ N, longitude 076°28′27.0″ W, and bounded on the north by the State Route
450 Bridge.
Chesapeake Bay
All waters of the Choptank River, from shoreline to shoreline, bounded to
Powerboat Asthe west by the Route 50 Bridge and bounded to the east by a line
sociation.
drawn along longitude 076° W, between Goose Point, MD and Oystershell Point, MD.
Columbia
All waters of the Choptank River within 200 yards either side of a line
Triathlon Assn.
drawn northwesterly from a point on the shoreline at latitude 38°33′45″
Inc.
N, longitude 076°02′38″ W, thence to latitude 38°35′06″ N, longitude
076°04′42″ W, a position located at Great Marsh Park, Cambridge,
MD.
City of Annapolis
The waters of Spa Creek from shoreline to shoreline, extending 400 feet
from either side of a rope spanning Spa Creek from a position at latitude 38°58′36.9″ N, longitude 076°29′03.8″ W on the Annapolis shoreline to a position at latitude 38°58′26.4″ N, longitude 076°28′53.7″ W
on the Eastport shoreline.
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Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules
12675
TABLE 1 TO § 100.501.—ALL COORDINATES LISTED IN TABLE 1 REFERENCE DATUM NAD 1983—Continued
No.
30 .....
Date
December—2nd
Saturday.
Event
Sponsor
Eastport Yacht
Club Boat Parade.
Location 1
Eastport Yacht
Club.
The approaches to Annapolis Harbor, the waters of Spa Creek, and the
Severn River, shore to shore, bounded on the south by a line drawn
from Carr Point, at latitude 38°58′58.0″ N, longitude 076°27′40.0″ W,
thence to Horn Point Warning Light (LLNR 17935), at 38°58′24.0″ N,
longitude 076°28′10.0″ W, thence to Horn Point, at 38°58′20.0″ N, longitude 076°28′27.0″ W, and bounded on the north by the State Route
450 Bridge.
Coast Guard Sector Hampton Roads—COTP Zone
March—4th or last
Friday and Saturday.
Virginia state hydroplane championships.
Virginia Boat Racing Assn.
32 .....
April—3rd Friday
and Saturday.
Hydroplane races
Virginia Boat Racing Assn.
33 .....
April—4th Friday
and Saturday.
Crawford Bay
Crew Classic.
Port Events, Inc ..
34 .....
April—4th Saturday and Sunday.
Wet Spring Regatta.
Windsurfing Enthusiasts of
Tidewater.
35 .....
May—2nd Friday
and Saturday.
Hydroplane races
Virginia Boat Racing Assn.
36 .....
ebenthall on PRODPC61 with PROPOSALS
31 .....
May—last Friday,
Saturday and
Sunday or
June—1st Friday, Saturday
and Sunday.
Blackbeard Festival.
Hampton Event
Makers.
VerDate Aug<31>2005
15:37 Mar 07, 2008
Jkt 214001
PO 00000
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All waters of the Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′18″ N, longitude 076°23′10″
W, to latitude 36°50′18″ N, longitude 076°21′42″ W, to latitude
36°50′12″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°23′10″ W.
All waters of the Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′18″ N, longitude 076°23′10″
W, to latitude 36°50′18″ N, longitude 076°21′42″ W, to latitude
36°50′12″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°23′10″ W.
The waters of the Southern Branch, Elizabeth River from shoreline to
shoreline bounded to the south by a line drawn from latitude
36°49′11.0″ N, longitude 076°17′33.0″ W to latitude 36°49′11.0″ N, longitude 076°17′22.0″ W and bounded to the north by a line drawn from
latitude 36°50′17.5″ N, longitude 076°17′45.0″ W to latitude
36°50′17.5″ N, longitude 076°17′30.0″ W.
The waters of Willoughby Bay contained within the following coordinates:
latitude 36°58′36″ N, longitude 076°18′42″ W, to latitude 36°58′00″ N,
longitude 076°18′00″ W, to latitude 36°57′49″ N, longitude 076°18′14″
W, to latitude 36°57′36″ N, longitude 076°17′55″ W, to latitude
36°57′26″ N, longitude 076°18′06″ W, to latitude 36°58′15″ N, longitude 076°19′08″ W, to latitude 36°58′36″ N, longitude 076°18′42″ W.
All waters of the Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′18″ N, longitude 076°23′10″
W, to latitude 36°50′18″ N, longitude 076°21′42″ W, to latitude
36°50′12″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°23′10″ W.
The waters of Sunset Creek and Hampton River shore to shore bounded
to the north by the C & O Railroad Bridge and to the south by a line
drawn from Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03.0″ N, longitude 76°20’26.0″ W, to the finger pier across
the river at Fisherman’s Wharf, located at latitude 37°01′01.5″ N, longitude 76°20′32.0″ W. Spectator Vessel Anchorage Areas—Area A: Located in the upper reaches of the Hampton River, bounded to the
south by a line drawn from the western shore at latitude 37°01′48.0″ N,
longitude 76°20′22.0″ W, across the river to the eastern shore at latitude 37°01′44.0″ N, longitude 76°20′13.0″ W, and to the north by the C
& O Railroad Bridge. The anchorage area will be marked by orange
buoys. Area B: Located on the eastern side of the channel, in the
Hampton River, south of the Queen Street Bridge, near the Riverside
Health Center. Bounded by the shoreline and a line drawn between the
following points: Latitude 37°01′26.0″ N, longitude 76°20′24.0″ W, latitude 37°01′22.0″ N, longitude 76°20′26.0″ W, and latitude 37°01′22.0″
N, longitude 76°20′23.0″ W. The anchorage area will be marked by orange buoys.
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12676
Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules
TABLE 1 TO § 100.501.—ALL COORDINATES LISTED IN TABLE 1 REFERENCE DATUM NAD 1983—Continued
Date
Event
Sponsor
Location 1
37 .....
June—1st Friday,
Saturday and
Sunday.
Norfolk Harborfest
Norfolk
Festevents, Ltd.
38 .....
June—1st Friday
and Saturday.
Ocean City Maryland Offshore
Challenge.
Offshore Performance Assn.
Racing, LLC.
39 .....
June—3rd Saturday.
Cock Island Race
Ports Events, Inc
40 .....
June—last Saturday.
RRBA Spring
Radar Shootout.
41 .....
ebenthall on PRODPC61 with PROPOSALS
No.
July—3rd Sunday
Watermen’s Heritage Festival
Workboat
Races.
Rappahannock
River Boaters
Association
(RRBA).
Watermen’s Museum of Yorktown, VA.
42 .....
July—last
Wednesday and
following Friday.
Pony Penning
Swim.
The waters of the Elizabeth River and its branches from shore to shore,
bounded to the northwest by a line drawn across the Port Norfolk
Reach section of the Elizabeth River between the northern corner of
the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″
N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk
Mooring Pier at the foot of Brooks Avenue located at latitude
36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest
by a line drawn from the southern corner of the landing at Hospital
Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude
076°18′10.0″ W, to the northern end of the eastern most pier at the
Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across
the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London
Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude
076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding &
Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N,
longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge
which crosses the Eastern Branch of the Elizabeth River between
Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W.
The waters of the Atlantic Ocean commencing at a point on the shoreline
at latitude 38°25′42″ N, longitude 075°03′06″ W; thence east southeast
to latitude 38°25′30″ N, longitude 075°02′12″ W, thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12″ N, longitude 075°03′48″ W; thence west northwest to the shoreline at latitude
38°19′30″ N, longitude 075°05′00″ W. The waters of the Atlantic Ocean
bounded by a line drawn from a position along the shoreline near
Ocean City, MD at latitude 38°22′25.2″ N, longitude 075°03′49.4″ W,
thence easterly to latitude 38°22′00.4″ N, longitude 075°02′34.8″ W,
thence southwesterly to latitude 38°19′35.9″ N, longitude 075°03′35.4″
W, thence westerly to a position near the shoreline at latitude
38°20′05″ N, longitude 075°04′48.4″ W, thence northerly along the
shoreline to the point of origin.
The waters of the Elizabeth River and its branches from shore to shore,
bounded to the northwest by a line drawn across the Port Norfolk
Reach section of the Elizabeth River between the northern corner of
the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″
N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk
Mooring Pier at the foot of Brooks Avenue located at latitude
36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest
by a line drawn from the southern corner of the landing at Hospital
Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude
076°18′10.0″ W, to the northern end of the eastern most pier at the
Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across
the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London
Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude
076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding &
Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N,
longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge
which crosses the Eastern Branch of the Elizabeth River between
Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W.
The waters of the Rappahannock River, adjacent to Layton, VA, from
shoreline to shoreline, bounded on the west by a line running along
longitude 076°58′30″ W, and bounded on the east by a line running
along longitude 076°56′00″ W.
The waters of the York River, Yorktown, Virginia, bounded on the west
by a line drawn along longitude 076°31′30″ W, bounded on the east by
a line drawn along longitude 076°30′50″ W, bounded on the south by
the shoreline and bounded on the north by a line drawn parallel and
400 yards north of the southern shoreline.
The waters of Assateague Channel from shoreline to shoreline, bounded
to the east by a line drawn from latitude 37°55′01″ N, longitude
075°22′40″ W, to latitude 37°54′50″ N, longitude 075°22′46″ W, and to
the west by a line drawn from latitude 37°54′54.0″ N, longitude
075°23′00″ W, to latitude 37°54′49″ N, longitude 075°22′49″ W.
VerDate Aug<31>2005
15:37 Mar 07, 2008
Jkt 214001
Chincoteague Volunteer Fire Department.
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Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules
12677
TABLE 1 TO § 100.501.—ALL COORDINATES LISTED IN TABLE 1 REFERENCE DATUM NAD 1983—Continued
No.
Date
Event
Sponsor
East Coast Boat
Racing Club of
New Jersey.
August—1st Friday, Saturday
and Sunday.
Power boat race ..
44 .....
August—2nd Friday, Saturday
and Sunday.
Hampton Cup Regatta.
45 .....
September—2nd
Friday and Saturday.
Ocean City power
boat race.
46 .....
September—2nd
Friday, Saturday and Sunday.
Hampton Bay
Days Festival.
47 .....
October—1st Saturday and Sunday.
Virginia Boat Racing Association.
48 .....
ebenthall on PRODPC61 with PROPOSALS
43 .....
October—2nd Friday.
U.S. Navy Fleet
Week Celebration.
49 .....
October—2nd
Saturday and
Sunday.
Hydroplane races
VerDate Aug<31>2005
15:37 Mar 07, 2008
Jkt 214001
Location 1
The waters of the Chesapeake Bay, along the shoreline adjacent to Cape
Charles, Virginia, to and including waters up to 300 yards offshore,
parallel with the Cape Charles Beach shoreline in this area. The area
is bounded on the south by a line running northwesterly from the Cape
Charles shoreline at latitude 37°16′.2″ N, longitude 076°01’28.5″ W, to
a point offshore approximately 300 yards at latitude 37°16′3.4″ N, longitude 076°01′36.6″ W, and bounded on the north by a line running
northwesterly from the Cape Charles shoreline at latitude 37°16′26.2″
N, longitude 076°01′14″ W, to a point offshore approximately 300 yards
at latitude 37°16′28.9″ N, longitude 076°01′24.1″ W.
Virginia Boat Rac- The waters of Mill Creek, adjacent to Fort Monroe, Hampton, Virginia, ening Association.
closed by the following boundaries: to the north, a line drawn along
latitude 37°01′00″ N, to the east a line drawn along longitude
076°18′30″ W, to the south a line parallel with the shoreline adjacent to
Fort Monroe, and the west boundary is parallel with the Route 258—
Mercury Boulevard Bridge.
Offshore Perform- The waters of the Atlantic Ocean commencing at a point on the shoreline
ance Assn.
at latitude 38°25′42″ N, longitude 075°03′06″ W; thence east southeast
Racing, LLC.
to latitude 38°25′30″ N, longitude 075°02′12″ W, thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12″ N, longitude 075°03′48″ W; thence west northwest to the shoreline at latitude
38°19′30″ N, longitude 075°05′00″ W. The waters of the Atlantic Ocean
bounded by a line drawn from a position along the shoreline near
Ocean City, MD at latitude 38°22′25.2″ N, longitude 075°03′49.4″ W,
thence easterly to latitude 38°22′00.4″ N, longitude 075°02′34.8″ W,
thence southwesterly to latitude 38°19′35.9″ N, longitude 075°03′35.4″
W, thence westerly to a position near the shoreline at latitude
38°20′05″ N, longitude 075°04′48.4″ W, thence northerly along the
shoreline to the point of origin.
Hampton Bay
The waters of Sunset Creek and Hampton River shore to shore bounded
Days Inc.
to the north by the C & O Railroad Bridge and to the south by a line
drawn from Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03.0″ N, longitude 076°20′26.0″ W, to the finger pier across
the river at Fisherman’s Wharf, located at latitude 37°01′01.5″ N, longitude 076°20′32.0″ W.
Clarksville Hydro- The waters of the John H. Kerr Reservoir, adjacent to the State Route 15
plane Challenge.
Highway Bridge and Occoneechee State Park, Clarksville, Virginia,
from shoreline to shoreline, bounded on the south by a line running
northeasterly from a point along the shoreline at latitude 36°37′14″ N,
longitude 078°32′46.5″ W, thence to latitude 36°37′39.2″ N, longitude
078°32′08.8″ W, and bounded on the north by the State Route 15
Highway Bridge.
U.S. Navy ............ The waters of the Elizabeth River and its branches from shore to shore,
bounded to the northwest by a line drawn across the Port Norfolk
Reach section of the Elizabeth River between the northern corner of
the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50’51.0″
N, longitude 076°18’09.0″ W and the north corner of the City of Norfolk
Mooring Pier at the foot of Brooks Avenue located at latitude
36°51’00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest
by a line drawn from the southern corner of the landing at Hospital
Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude
076°18′10.0″ W, to the northern end of the eastern most pier at the
Tidewater Yacht Agency Marina, located at latitude 36°50’29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across
the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London
Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude
076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding &
Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N,
longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge
which crosses the Eastern Branch of the Elizabeth River between
Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W.
Virginia Boat Rac- All waters of the Western Branch, Elizabeth River bounded by a line coning Assn.
necting the following points: latitude 36°50′18″ N, longitude 076°23′10″
W, to latitude 36°50′18″ N, longitude 076°21′42″ W, to latitude
36°50′12″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°23′10″ W.
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Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules
TABLE 1 TO § 100.501.—ALL COORDINATES LISTED IN TABLE 1 REFERENCE DATUM NAD 1983—Continued
No.
Date
Event
Sponsor
Location 1
The waters of the Back River, Poquoson, Virginia, bounded on the north
by a line drawn along latitude 37°06′30″ N, bounded on the south by a
line drawn along latitude 37°06′15″ N, bounded on the east by a line
drawn along longitude 076°18′52″ W and bounded on the west by a
line drawn along longitude 076°19′30″ W.
The waters of Willoughby Bay contained within the following coordinates:
latitude 36°58′36″ N, longitude 076°18′42″ W, to latitude 36°58′00″ N,
longitude 076°18′00″ W, to latitude 36°57′49″ N, longitude 076°18′14″
W, to latitude 36°57′36″ N, longitude 076°17′55″ W, to latitude
36°57′26″ N, longitude 076°18′06″ W, to latitude 36°58′15″ N, longitude 076°19′08″ W, to latitude 36°58′36″ N, longitude 076°18′42″ W.
The waters of the Southern Branch of the Elizabeth River including the
North Ferry Landing, from shoreline to shoreline, bounded to the north
by a line drawn along Latitude 36°50′23″ N and bounded to the south
by a line drawn along Latitude 36°50′12″ N.
The waters of the Elizabeth River and its branches from shore to shore,
bounded to the northwest by a line drawn across the Port Norfolk
Reach section of the Elizabeth River between the northern corner of
the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″
N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk
Mooring Pier at the foot of Brooks Avenue located at latitude
36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest
by a line drawn from the southern corner of the landing at Hospital
Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude
076°18′10.0″ W, to the northern end of the eastern most pier at the
Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across
the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London
Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude
076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding &
Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N,
longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge
which crosses the Eastern Branch of the Elizabeth River between
Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W.
50 .....
October—2nd
Sunday.
Poquoson Seafood Festival
Workboat
Races.
City of Poquoson
51 .....
October—last Saturday and Sunday.
Hampton Roads
Sailboard Classic.
Windsurfing Enthusiasts of
Tidewater.
52 .....
November—1st
Friday and Saturday.
U.S. Coast Guard
and Canadian
Auxiliaries.
53 .....
November—4th or
last Saturday.
International
Search and
Rescue Competition.
Holidays in the
City.
Norfolk
Festevents, Ltd.
Coast Guard Sector North Carolina—COTP Zone
June—2nd Saturday and Sunday.
Carolina Cup Regatta.
55 .....
ebenthall on PRODPC61 with PROPOSALS
54 .....
August—1st Friday, Saturday
and Sunday.
SBIP—Fountain
Super Boat InterPowerboats Kilo
national ProRun and Super
ductions (SBIP),
Boat Grand Prix.
Inc.
VerDate Aug<31>2005
16:30 Mar 07, 2008
Jkt 214001
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The waters of the Pasquotank River, adjacent to Elizabeth City, NC, from
shoreline to shoreline, bounded on the west by the Elizabeth City Draw
Bridge and bounded on the east by a line originating at a point along
the shoreline at latitude 36°17′54″ N, longitude 076°12′00″ W, thence
southwesterly to latitude 36°17′35″ N, longitude 076°12′18″ W at Cottage Point.
The waters of the Pamlico River including Chocowinity Bay, from shoreline to shoreline, bounded on the south by a line running northeasterly
from Camp Hardee at latitude 35°28′23″ N, longitude 076°59′23″ W, to
Broad Creek Point at latitude 35°29′04″ N, longitude 076°58′44″ W,
and bounded on the north by the Norfolk Southern Railroad Bridge.
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12679
TABLE 1 TO § 100.501.—ALL COORDINATES LISTED IN TABLE 1 REFERENCE DATUM NAD 1983—Continued
No.
Date
56 .....
September—4th
or last Sunday.
57 .....
September—last
Saturday.
§ 100.502
Event
Sponsor
Location 1
Crystal Coast
Super Boat
Grand Prix.
Super Boat International Productions Inc.
Wilmington YMCA
Triathlon.
Wilmington, NC,
YMCA.
The waters of Bogue Sound, adjacent to Morehead City, NC, from the
southern tip of Sugar Loaf Island approximate position latitude
34°42′55″ N, longitude 076°42′48″ W, thence westerly to Morehead
City Channel Day beacon 7 (LLNR 38620), thence southwest along the
channel line to Bogue Sound Light 4 (LLRN 38770), thence southerly
to Causeway Channel Day beacon 2 (LLNR 38720), thence southeasterly to Money Island Day beacon 1 (LLNR 38645), thence easterly to
Eight and One Half Marina Day beacon 2 (LLNR 38685), thence easterly to the western most shoreline of Brant Island approximate position
latitude 34°42′36″ N, longitude 076°42′11″ W, thence northeasterly
along the shoreline to Tombstone Point approximate position latitude
34°42′14″ N, longitude 076°41′20″ W, thence southeasterly to the east
end of the pier at Coast Guard Sector North Carolina approximate position latitude 34°42′00″ N, longitude 076°40′52″ W, thence easterly to
Morehead City Channel Buoy 20 (LLNR 29427), thence northerly to
Beaufort Harbor Channel LT 1BH (LLNR 34810), thence northwesterly
to the southern tip of Radio Island approximate position latitude
34°42′22″ N, longitude 076°40′52″ W, thence northerly along the
shoreline to approximate position latitude 34°43′00″ N, longitude
076°41′25″ W, thence westerly to the North Carolina State Port Facility, thence westerly along the State Port to the southwest corner approximate position latitude 34°42′55″ N, longitude 076°42′12″ W,
thence westerly to the southern tip of Sugar Loaf Island the point of origin.
The waters of, and adjacent to, Wrightsville Channel, from Wrightsville
Channel Day beacon 14 (LLNR 28040), located at 34°12′18″ N, longitude 077°48′10″ W, to Wrightsville Channel Day beacon 25 (LLNR
28080), located at 34°12′51″ N, longitude 77°48′53″ W.
[Removed].
§ 100.517
3. Remove section 100.502.
§ 100.504
[Removed].
§ 100.505
[Removed].
§ 100.506
[Removed].
§ 100.520
6. Remove section 100.506.
§ 100.507
[Removed].
[Removed].
§ 100.509
[Removed].
[Removed].
§ 100.511
[Removed].
§ 100.512
[Removed].
ebenthall on PRODPC61 with PROPOSALS
§ 100.513
[Removed].
13. Remove section 100.513.
§ 100.514
[Removed].
14. Remove section 100.514.
§ 100.515
[Removed].
VerDate Aug<31>2005
15:37 Mar 07, 2008
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[Removed].
28. Remove section 100.532.
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2006–0004]
Examination of Patent Applications
That Include Claims Containing
Alternative Language
United States Patent and
Trademark Office, Commerce.
ACTION: Proposed rule; request for
comment on initial regulatory flexibility
analysis.
AGENCY:
[Removed].
27. Remove section 100.531.
§ 100.532
15. Remove section 100.515.
[Removed].
26. Remove section 100.530.
§ 100.531
BILLING CODE 4910–15–P
RIN 0651–AC00
[Removed].
25. Remove section 100.529.
§ 100.530
Dated: February 28, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E8–4707 Filed 3–7–08; 8:45 am]
37 CFR Part 1
[Removed].
24. Remove section 100.527.
§ 100.529
12. Remove section 100.512.
[Removed].
23. Remove section 100.526.
§ 100.527
11. Remove section 100.511.
[Removed].
32. Remove section 100.536.
[Removed].
22. Remove section 100.525.
§ 100.526
10. Remove section 100.510.
[Removed].
21. Remove section 100.523.
§ 100.525
9. Remove section 100.509.
§ 100.510
20. Remove section 100.522.
§ 100.523
8. Remove section 100.508.
[Removed].
[Removed].
31. Remove section 100.535.
§ 100.536
[Removed].
19. Remove section 100.520.
§ 100.522
7. Remove section 100.507.
§ 100.508
18. Remove section 100.519.
[Removed].
30. Remove section 100.534.
§ 100.535
[Removed].
[Removed].
29. Remove section 100.533.
§ 100.534
[Removed].
17. Remove section 100.518.
§ 100.519
5. Remove section 100.505.
§ 100.533
16. Remove section 100.517.
§ 100.518
4. Remove section 100.504.
[Removed].
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]]>Agencies
[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Proposed Rules]
[Pages 12669-12679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4707]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2007-0147]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events in the Fifth
Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to create special local regulations
to regulate recurring marine events in the Fifth Coast Guard District.
These regulations would apply to all permitted events listed in the
table attached to the regulation, and include events such as regattas,
and marine parades. These regulations are being proposed to reduce the
Coast Guard's administrative workload and expedite public notification
of events.
DATES: Comments and related material must reach the Coast Guard on or
before April 9, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-0147 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Dennis Sens, Project Manager, Fifth Coast Guard District,
Prevention Division, at (757) 398-6204. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2007-0147), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2007-0147) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. For a description of
the geographical area of each Coast Guard Sector--Captain of the Port
Zone, please see 33 CFR 3.25.
This regulation currently includes events such as sailing regattas,
power boat races, swim races and holiday parades. Currently, there are
over 60 annually recurring marine events and many other non-recurring
events within the district. In the past, the Coast Guard regulated
these events by creating individual special local regulations on a case
by case basis. Most of these events required only the establishment of
a regulated area and assignment of a patrol commander to ensure safety.
Issuing individual, annual special local regulations has created a
significant administrative burden on the Coast Guard. From 2005 to 2007
the Coast Guard created over 100 temporary regulations for marine
events in the Fifth District. The numbers are expected to rise in 2008
with the growing popularity of water sports activities.
Additionally, for the majority of these events, the Coast Guard
does not receive notification of the event, or important details of the
event are not finalized by event organizers, with sufficient time to
publish a notice of proposed rulemaking and final rule before the event
date. The Coast Guard must therefore create
[[Page 12670]]
temporary final rules that sometimes are not completed until only days
before the event. This results in delayed notification to the public,
potentially placing the public and event participants at risk.
This proposed rule would significantly relieve the administrative
burden on the Coast Guard, and at the same time allow the sponsor of
the event and the Coast Guard to notify the public of these events in a
timely manner. The public would be provided with notice of events
through the table attached to this regulation. This table lists each
recurring event that may be regulated by the Coast Guard, and indicates
the sponsor, as well as the date and location of the event. Because the
dates and locations of these events may change slightly from year to
year, the specific information on each event, including the exact
dates, specific areas, and description of the regulated area, would be
provided to the public through a Local Notice to Mariners published
before the event, as well as through Broadcast Notice to Mariners. This
table would also be updated by the Coast Guard periodically to add new
recurring events, remove events that no longer occur, and update listed
events to ensure accurate information is provided.
Discussion of Proposed Rule
This proposed rule would apply to each event listed in the attached
table to this rule. Events listed in the table are events that recur
annually in the Fifth Coast Guard District. The table provides the
event name and sponsor, as well as an approximate date and location of
the event. The specific date and regulated area for each event would be
provided in a Local Notice to Mariners and Broadcast Notice to Mariners
prior to each event. Some events listed in the table currently have
permanent regulations published in 33 CFR part 100, and these
regulations would be removed because they no longer occur regularly.
For each event listed in the table, an event patrol, with a Patrol
Commander in charge, may be assigned. The Patrol Commander may control
the movement of all vessels in the regulated area(s). When hailed or
signaled by an official patrol vessel, a vessel in these areas would be
required to immediately comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. The Coast Guard Patrol Commander may terminate the
event, or the operation of any vessel participating in the event, at
any time it is deemed necessary for the protection of life or property.
Only event sponsors, designated participants, and official patrol
vessels would be allowed to enter a regulated area. All persons and
vessels not registered with the event sponsor as participants or
official patrol vessels are considered spectators. Spectators may not
enter the regulated area and may be confined to a designated spectator
area to view the event. Spectators may contact the Coast Guard Patrol
Commander to request permission to pass through the regulated area. If
permission is granted, spectators would be required to pass directly
through the regulated area at safe speed and without loitering.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The effect of
this proposed action merely establishes the dates on which the existing
regulations would be enforced and consolidates them within one
regulation. It would not impose any additional restrictions on vessel
traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit or anchor in the areas where
marine events are being held. This proposed regulation will not have a
significant impact on a substantial number of small entities because it
will only be enforced on marine events that have been permitted by the
Coast Guard Captain of the Port. The Captain of the Port will ensure
that small entities are able to operate in the areas where events are
occurring. Additionally, in most cases, vessels will be able to safely
transit around the regulated area at all times, and, with the
permission of the Patrol Commander, vessels may transit through the
regulated area.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
[[Page 12671]]
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b) (2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. We believe that
this rule should be categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction, from further environmental documentation.
This proposed rule fits the category of paragraph 34(h) because it
proposes to create special local regulations for regattas and marine
parades.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Revise Sec. 100.501 to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
The following regulations apply to the marine events listed in
Table 1 of this section. These regulations will be effective annually,
for the duration of each event listed in Table 1. Annual notice of the
exact dates and times of the effective period of the regulation with
respect to each event, the geographical area, and details concerning
the nature of the event and the number of participants and type(s) of
vessels involved will be published in Local Notices to Mariners and via
Broadcast Notice to Mariners over VHF-FM marine band radio.
(a) Definitions. The following definitions apply to this section:
(1) Coast Guard Patrol Commander. A Patrol Commander is a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the respective Coast Guard Sector--Captain of the Port to
enforce these regulations.
(2) Official Patrol means any vessel assigned or approved by the
respective Captain of the Port with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(b) Event Patrol. The Coast Guard may assign an event patrol, as
described in Sec. 100.40 of this part, to each regulated event listed
in the table. Additionally, a Patrol Commander may be assigned to
oversee the patrol. The event patrol and Patrol Commander may be
contacted on VHF-FM Channel 16.
(c) Special Local Regulations. (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels in the regulated
area(s). When hailed or signaled by an official patrol vessel, a vessel
in these areas shall immediately comply with the directions given.
Failure to do so may result in expulsion from the area, citation for
failure to comply, or both.
(2) The Coast Guard Patrol Commander may terminate the event, or
the operation of any vessel participating in the event, at any time it
is deemed necessary for the protection of life or property.
(3) Only event sponsor designated participants and official patrol
vessels are allowed to enter the regulated area.
(4) Spectators are only allowed inside the regulated area if they
remain within a designated spectator area. Spectators may contact the
Coast Guard Patrol Commander to request permission to pass through the
regulated area. If permission is granted, spectators must pass directly
through the regulated area at safe speed and without loitering.
(d) Contact Information. Questions about marine events should be
addressed to the local Coast Guard Captain of the Port for the area in
which the event is occurring. Contact information is listed below. For
a description of the geographical area of each Coast Guard Sector--
Captain of the
[[Page 12672]]
Port zone, please see subpart 3.25 of this chapter.
(1) Coast Guard Sector Delaware Bay--Captain of the Port Zone,
Philadelphia, Pennsylvania: (215) 271-4944.
(2) Coast Guard Sector Baltimore--Captain of the Port Zone,
Baltimore, Maryland: (410) 576-2525.
(3) Coast Guard Sector Hampton Roads--Captain of the Port Zone,
Norfolk, Virginia: (757) 483-8567.
(4) Coast Guard Sector North Carolina--Captain of the Port Zone,
Atlantic Beach, North Carolina: (252) 247-4545.
(5) Coast Guard Marine Safety Unit Wilmington--Cape Fear River
Captain of the Port Zone, Wilmington, North Carolina: (910) 772-2200.
(e) Application for Marine Events. The application requirements of
Sec. 100.15 of this part apply to all events listed in Table 1. For
information on applying for a marine event, contact the Captain of the
Port for the area in which the event will occur, at the phone numbers
listed above.
Table 1 to Sec. 100.501.--All Coordinates Listed in Table 1 Reference Datum NAD 1983
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location 1
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Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
1.............. June--1st Sunday..... Atlantic County Day Atlantic County, New The waters of Great Egg
at the Bay. Jersey. Harbor Bay, adjacent to
Somers Point, New Jersey,
bounded by a line drawn
along the following
boundaries: the area is
bounded to the north by
the shoreline along John
F. Kennedy Park and
Somers Point, New Jersey;
bounded to the east by
the State Route 52
bridge; bounded to the
south by a line that runs
along latitude
39[deg]18'00'' N; and
bounded to the west by a
line that runs along
longitude 074[deg]37'00''
W.
2.............. June--3rd Saturday... Annual Escape from Escape from Fort All waters of the Delaware
Fort Delaware Delaware Triathlon, River between Pea Patch
Triathlon. Inc. Island and Delaware City,
Delaware, bounded by a
line connecting the
following points:
latitude 39[deg]36'35.7''
N, longitude
075[deg]35'25.6'' W, to
latitude 39[deg]34'57.3''
N, longitude
075[deg]33'23.1'' W, to
latitude 39[deg]34'11.9''
N, longitude
075[deg]34'28.6'' W, to
latitude 39[deg]35'52.4''
N, longitude
075[deg]36'33.9'' W.
3.............. July--3rd Sunday..... OPA Atlantic City Offshore Performance The waters of the Atlantic
Grand Prix. Assn. (OPA). Ocean, adjacent to
Atlantic City, New
Jersey, bounded by a line
drawn between the
following points:
southeasterly from a
point along the shoreline
at latitude
39[deg]21'50'' N,
longitude 074[deg]24'37''
W, to latitude
39[deg]20'40'' N,
longitude 074[deg]23'50''
W, thence southwesterly
to latitude
39[deg]19'33'' N,
longitude 074[deg]26'52''
W, thence northwesterly
to a point along the
shoreline at latitude
39[deg]20'43'' N,
longitude 074[deg]27'40''
W, thence northeasterly
along the shoreline to
latitude 39[deg]21'50''
N, longitude
074[deg]24'37'' W.
4.............. July--On or about U.S. holiday City of Philadelphia. The waters of the Delaware
July 4th. celebrations. River, adjacent to
Philadelphia, PA and
Camden, NJ, from
shoreline to shoreline,
bounded on the south by
the Walt Whitman Bridge
and bounded on the north
by the Benjamin Franklin
Bridge.
5.............. August--2nd Friday, Point Pleasant OPA/NJ Offshore Performance The waters of the Atlantic
Saturday and Sunday. Offshore Grand Prix. Association (OPA) Ocean bounded by a line
and New Jersey drawn from a position
Offshore Racing Assn. along the shoreline near
Normandy Beach, NJ at
latitude 40[deg]00'00''
N, longitude
074[deg]03'30'' W, thence
easterly to latitude
39[deg]59'40'' N,
longitude 074[deg]02'00''
W, thence southwesterly
to latitude
39[deg]56'35'' N,
longitude 074[deg]03'00''
W, thence westerly to a
position near the Seaside
Heights Pier at latitude
39[deg]56'35'' N,
longitude 074[deg]04'15''
W, thence northerly along
the shoreline to the
point of origin.
6.............. July--3rd Wednesday New Jersey Offshore Offshore Performance The waters of the
and Thursday. Grand Prix. Assn. & New Jersey Manasquan River from the
Offshore Racing Assn. New York and Long Branch
Railroad to Manasquan
Inlet, together with all
of the navigable waters
of the United States from
Asbury Park, New Jersey,
latitude 40[deg]14'00''
N; southward to Seaside
Park, New Jersey latitude
39[deg]55'00'' N, from
the New Jersey shoreline
seaward to the limits of
the Territorial Sea. The
race course area extends
from Asbury Park to
Seaside Park from the
shoreline, seaward to a
distance of 8.4 nautical
miles.
7.............. August--4th Wednesday Thunder Over the Atlantic City Chamber The waters of the Atlantic
Boardwalk Air show. of Commerce. Ocean, adjacent to
Atlantic City, New
Jersey, bounded by a line
drawn between the
following points:
southeasterly from a
point along the shoreline
at latitude
39[deg]21'31'' N,
longitude 074[deg]25'04''
W, thence to latitude
39[deg]21'08'' N,
longitude 074[deg]24'48''
W, thence southwesterly
to latitude
39[deg]20'16'' N,
longitude 074[deg]27'17''
W, thence northwesterly
to a point along the
shoreline at latitude
39[deg]20'44'' N,
longitude 074[deg]27'31''
W, thence northeasterly
along the shoreline to
latitude 39[deg]21'31''
N, longitude
074[deg]25'04'' W.
8.............. September--3rd Annual Escape from Escape from Fort All waters of the Delaware
Saturday. Fort Delaware Delaware Triathlon, River between Pea Patch
Triathlon. Inc. Island and Delaware City,
Delaware, bounded by a
line connecting the
following points:
latitude 39[deg]36'35.7''
N, longitude
075[deg]35'25.6'' W, to
latitude 39[deg]34'57.3''
N, longitude
075[deg]33'23.1'' W, to
latitude 39[deg]34'11.9''
N, longitude
075[deg]34'28.6'' W, to
latitude 39[deg]35'52.4''
N, longitude
075[deg]36'33.9'' W.
[[Page 12673]]
9.............. September--last Sunset Lake Hydrofest Sunset Lake Hydrofest All waters of Sunset Lake,
Friday, Saturday and Assn. New Jersey, from
Sunday; or October- shoreline to shoreline,
first Friday, south of latitude
Saturday and Sunday. 38[deg]58'32'' N.
10............. October--2nd Saturday The Liberty Grand Offshore Performance The waters of the Delaware
and Sunday. Prix. Assn. (OPA). River, adjacent to
Philadelphia, PA and
Camden, NJ, from
shoreline to shoreline,
bounded on the south by
the Walt Whitman Bridge
and bounded on the north
by the Benjamin Franklin
Bridge.
11............. October--1st Monday U.S. holiday City of Philadelphia. The waters of the Delaware
(Columbus Day). celebrations. River, adjacent to
Philadelphia, PA and
Camden, NJ, from
shoreline to shoreline,
bounded on the south by
the Walt Whitman Bridge
and bounded on the north
by the Benjamin Franklin
Bridge.
12............. December--On December U.S. holiday City of Philadelphia. The waters of the Delaware
31st (New Year's celebrations. River, adjacent to
Eve). Philadelphia, PA and
Camden, NJ, from
shoreline to shoreline,
bounded on the south by
the Walt Whitman Bridge
and bounded on the north
by the Benjamin Franklin
Bridge.
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Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
13............. March--4th or last Safety at Sea Seminar U.S. Naval Academy... All waters of the Severn
Saturday. River from shoreline to
shoreline, bounded to the
northwest by a line drawn
from the south shoreline
at latitude
39[deg]00'38.9'' N.,
longitude
076[deg]31'05.2'' W.
thence to the north
shoreline at latitude
39[deg]00'54.7'' N.,
longitude
076[deg]30'44.8'' W.,
this line is
approximately 1300 yards
northwest of the U.S. 50
fixed highway bridge. The
regulated area is bounded
to the southeast by a
line drawn from the Naval
Academy Light at latitude
38[deg]58'39.5'' N.,
longitude 076[deg]28'49''
W. thence southeast to a
point 700 yards east of
Chinks Point, MD at
latitude 38[deg]58'1.9''
N., longitude
076[deg]28'1.7'' W.
thence northeast to
Greenbury Point at
latitude 38[deg]58'29''
N., longitude
076[deg]27'16'' W.
14............. March--last Friday, USNA Crew Races...... U.S. Naval Academy... All waters of the Severn
Saturday and Sunday; River from shoreline to
April and May--every shoreline, bounded to the
Friday, Saturday and northwest by a line drawn
Sunday. from the south shoreline
at latitude
39[deg]00'38.9'' N.,
longitude
076[deg]31'05.2'' W.
thence to the north
shoreline at latitude
39[deg]00'54.7'' N.,
longitude
076[deg]30'44.8'' W.,
this line is
approximately 1300 yards
northwest of the U.S. 50
fixed highway bridge. The
regulated area is bounded
to the southeast by a
line drawn from the Naval
Academy Light at latitude
38[deg]58'39.5'' N.,
longitude 076[deg]28'49''
W. thence southeast to a
point 700 yards east of
Chinks Point, MD at
latitude 38[deg]58'1.9''
N., longitude
076[deg]28'1.7'' W.
thence northeast to
Greenbury Point at
latitude 38[deg]58'29''
N., longitude
076[deg]27'16'' W.
15............. April--2nd Saturday.. St. Mary's Seahawk St. Mary's College of All waters of the St.
Sprint. Maryland. Mary's River, from
shoreline to shoreline,
bounded to the south by a
line at latitude
38[deg]10'05'' N, and
bounded to the north by a
line at latitude
38[deg]12'00'' N.
16............. May--1st Sunday...... Nanticoke River Swim Nanticoke River Swim All waters of the
and Triathlon. and Triathlon, Inc. Nanticoke River,
including Bivalve Channel
and Bivalve Harbor,
bounded by a line drawn
from a point on the
shoreline at latitude
38[deg]18'00'' N,
longitude 075[deg]54'00''
W, thence westerly to
latitude 38[deg]18'00''
N, longitude
075[deg]55'00'' W, thence
northerly to latitude
38[deg]20'00'' N,
longitude 075[deg]53'48''
W, thence easterly to
latitude 38[deg]19'42''
N, longitude
075[deg]52'54'' W.
17............. May--2nd Saturday and Baltimore County Baltimore County..... All waters of Martin
Sunday. Community Waterfront Lagoon that are north of
Festival. a line drawn from
latitude 39[deg]19'34''
N, longitude
076[deg]25'41'' W, thence
to a position located at
39[deg]19'33'' N,
longitude 076[deg]25'33''
W.
18............. May--3rd Friday, Dragon Boat Races at Dragon Boat Festival, The waters of the Upper
Saturday and Sunday. Thompson Boathouse, Inc. Potomac River,
Georgetown, Washington, DC, from
Washington, DC. shoreline to shoreline,
bounded upstream by the
Francis Scott Key Bridge
and downstream by the
Roosevelt Memorial
Bridge.
[[Page 12674]]
19............. May--3rd Tuesday and Blue Angels Air Show. U.S. Naval Academy... All waters of the Severn
Wednesday. River from shoreline to
shoreline, bounded to the
northwest by a line drawn
from the south shoreline
at latitude
39[deg]00'38.9'' N.,
longitude
076[deg]31'05.2'' W.
thence to the north
shoreline at latitude
39[deg]00'54.7'' N.,
longitude
076[deg]30'44.8'' W.,
this line is
approximately 1300 yards
northwest of the U.S. 50
fixed highway bridge. The
regulated area is bounded
to the southeast by a
line drawn from the Naval
Academy Light at latitude
38[deg]58'39.5'' N.,
longitude 076[deg]28'49''
W. thence southeast to a
point 700 yards east of
Chinks Point, MD at
latitude 38[deg]58'1.9''
N., longitude
076[deg]28'1.7'' W.
thence northeast to
Greenbury Point at
latitude 38[deg]58'29''
N., longitude
076[deg]27'16'' W.
20............. June--2nd Sunday..... The Great Chesapeake Great Chesapeake Bay The waters of the
Bay Bridges Swim Swim, Inc. Chesapeake Bay between
Races and Chesapeake and adjacent to the spans
Challenge One Mile of the William P. Lane
Swim. Jr. Memorial Bridge shore
to shore 500 yards north
of the north span of the
bridge from the western
shore at latitude
39[deg]00'36'' N,
longitude 076[deg]23'05''
W and the eastern shore
at latitude
38[deg]59'14'' N,
longitude 076[deg]20'00''
W, and 500 yards sough of
the south span of the
bridge from the western
shore at latitude
39[deg]00'16'' N,
longitude 076[deg]24'30''
W and the eastern shore
at latitude
38[deg]58'38.5'' N,
longitude 076[deg]20'06''
W.
21............. June--3rd Saturday or Maryland Swim for District of Columbia The waters of the Chester
July--3rd Saturday. Life. Aquatics Club. River from shoreline to
shoreline, bounded on the
south by a line drawn at
latitude 39[deg]10'16''
N, near the Chester River
Channel Buoy 35 (LLN-
26795) and bounded on the
north at latitude
39[deg]12'30'' N by the
