Special Local Regulations; Recurring Marine Events in the Fifth Coast Guard District, 12669-12679 [E8-4707]

Download as PDF Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules toward the monthly total on the date posted by the TSP and not on the date requested by a participant. After a participant has made two interfund transfers in a calendar month, the participant may make additional interfund transfers only into the G Fund until the first day of the next calendar month. [FR Doc. E8–4776 Filed 3–7–08; 8:45 am] 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: ebenthall on PRODPC61 with PROPOSALS 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: http:// 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. VerDate Aug<31>2005 15:37 Mar 07, 2008 Jkt 214001 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 http:// 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 http://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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 12669 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 http:// 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 E:\FR\FM\10MRP1.SGM 10MRP1 12670 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules ebenthall on PRODPC61 with PROPOSALS 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. VerDate Aug<31>2005 15:37 Mar 07, 2008 Jkt 214001 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.). PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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. E:\FR\FM\10MRP1.SGM 10MRP1 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules 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. ebenthall on PRODPC61 with PROPOSALS 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 VerDate Aug<31>2005 15:37 Mar 07, 2008 Jkt 214001 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 12671 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 E:\FR\FM\10MRP1.SGM 10MRP1 12672 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules 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 ....... ebenthall on PRODPC61 with PROPOSALS 1 ....... September—3rd Saturday. Annual Escape from Fort Delaware Triathlon. Escape from Fort Delaware Triathlon, Inc. VerDate Aug<31>2005 15:37 Mar 07, 2008 Jkt 214001 PO 00000 Frm 00008 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. Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules 12673 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. Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 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. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 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 Frm 00011 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. Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 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. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 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. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 12678 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 Virginia Boat Racing Assn. PO 00000 Frm 00014 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. Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules 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 Jkt 214001 [Removed]. 28. Remove section 100.532. PO 00000 Frm 00015 Fmt 4702 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]. Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1

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: http://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 http://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 http://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 http://
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
----------------------------------------------------------------------------------------------------------------
                                    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.
----------------------------------------------------------------------------------------------------------------
                                     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