Special Local Regulations; Recurring Marine Events in the Fifth Coast Guard District, 26007-26017 [E8-10229]
Download as PDF
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
sponsor and approved by Commander,
Coast Guard Sector Delaware Bay.
(c) Special local regulations: (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area must: (i) Stop the vessel
immediately when directed to do so by
any Official Patrol.
(ii) Proceed as directed by any Official
Patrol.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the event area.
(d) Enforcement period. This section
will be enforced from 11 a.m. to 7 p.m.
on June 1, 2008. A notice of
enforcement of this section will be
disseminated through the Fifth Coast
Guard District Local Notice to Mariners
announcing the specific event date and
times. Notice will also be made via
broadcast notice to mariners on VHF–
FM marine band radio.
Dated: April 16, 2008.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth
Coast Guard District, Acting.
[FR Doc. E8–10228 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2007–0147 and are
available online at https://
www.regulations.gov. This material is
also available for inspection or copying
at two locations: the 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays and the Fifth
Coast Guard District Office, 431
Crawford Street, Portsmouth, VA 23704
between 10 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call
Dennis Sens, Project Manager, Fifth
Coast Guard District, Prevention
Division, at 757–398–6204 or e-mail at
Dennis.M.Sens@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 10, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations;
Recurring Marine Events in the Fifth
Coast Guard District in the Federal
Register (73 FR 12669). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
Background and Purpose
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.
Final rule.
AGENCY:
pwalker on PROD1PC71 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations to
regulate recurring marine events in the
Fifth Coast Guard District. These
regulations apply to all permitted events
listed in the table attached to the
regulation, and include events such as
regattas, and marine parades. These
regulations reduce the Coast Guard’s
administrative workload and expedite
public notification of events.
DATES: This rule is effective June 9,
2008.
ADDRESSES: Comments and material
received from the public, as well as
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
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 includes events such
as sailing regattas, power boat races,
swim races and holiday parades.
Currently, there are 57 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
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
26007
Fifth District. The numbers are expected
to increase 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
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 rule significantly reduces the
administrative burden on the Coast
Guard, and at the same time allows the
sponsor of the event and the Coast
Guard to notify the public of these
events in a timely manner. The public
will 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
location 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
will 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.
The public will also be notified about
many of the listed marine events by
local newspapers, radio and television
stations. The various methods of
notification provided by the Coast
Guard and local community media
outlets will facilitate informing mariners
so they can adjust their plans
accordingly.
Discussion of Comments and Changes
The Coast Guard has made some
minor technical revisions to this rule.
Revisions to the regulatory text include
the following items.
In the Table to § 100.501, marine
event No. 3 was deleted. In its place
‘‘Night in Venice’’ Great Egg Harbor Bay,
Ocean City, New Jersey was added as
marine event No. 3. This event was
previously regulated by 33 CFR 100.504
for the same location. This revision does
not impose any additional restrictions
on vessel traffic.
E:\FR\FM\08MYR1.SGM
08MYR1
26008
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
In the Table to § 100.501, the location
description for marine event No’s 31,
32, 35 and 49 were revised. All four
marine events take place in the same
location in the Western Branch of the
Elizabeth River, Portsmouth, Virginia.
The location was revised to reduce the
overall size of the regulated area. This
revision does not impose any additional
restrictions on vessel traffic.
Regulatory Evaluation
This 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 rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
The effect of this 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.
pwalker on PROD1PC71 with RULES
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 rule will not have
a significant economic impact on a
substantial number of small entities.
This 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 regulation will not have a
significant impact on a substantial
number of small entities because it will
be enforced only during 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.
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
Assistance for Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). 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.
This 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.
Collection of Information
This rule calls 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 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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will 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.
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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 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.
E:\FR\FM\08MYR1.SGM
08MYR1
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
effective annually, for the duration of
each event listed in the Table to
§ 100.501. 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. 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
Environment
We have analyzed this 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 concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(h), of the
Instruction, from further environmental
documentation. This rule fits the
category of paragraph 34(h) because it
creates special local regulations for
regattas and marine parades.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 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:
I
Authority: 33 U.S.C. 1233.
2. Revise section 100.501 and add a
new § 100.501 to read as follows:
I
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
The following regulations apply to the
marine events listed in the Table to
§ 100.501. These regulations will be
26009
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 allowed inside the
regulated area only 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
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 the
Table to § 100.501. 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 TO § 100.501.—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983
No.
Date
Event
Sponsor
Location
Coast Guard Sector Delaware Bay—COTP Zone
pwalker on PROD1PC71 with RULES
1 .......
June—1st Sunday
VerDate Aug<31>2005
Atlantic County
Day at the Bay.
16:31 May 07, 2008
Jkt 214001
Atlantic County,
New Jersey.
PO 00000
Frm 00049
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.
Fmt 4700
Sfmt 4700
E:\FR\FM\08MYR1.SGM
08MYR1
26010
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
TABLE TO § 100.501.—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983—
Continued
No.
Date
Event
Sponsor
Location
2 .......
June—3rd Saturday.
Annual Escape
from Fort Delaware Triathlon.
Escape from Fort
Delaware
Triathlon, Inc.
3 .......
July—4th Saturday.
Night in Venice ....
City of Ocean
City, NJ, Night
in Venice Committee.
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 .......
September—3rd
Saturday.
Annual Escape
from Fort Delaware Triathlon.
Escape from Fort
Delaware
Triathlon, Inc.
9 .......
September—last
Friday, Saturday and Sunday; October—
first Friday, Saturday and Sunday.
October—2nd
Saturday and
Sunday.
Sunset Lake
Hydrofest.
Sunset Lake
Hydrofest Assn.
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 Great Egg Harbor Bay and Beach Thorofare along the Intracoastal Waterway (ICW), adjacent to Ocean City, New Jersey,
bounded by a line drawn at the following points: Bounded to the north
by a line that runs along longitude 074°33′35″ W, that crosses the ICW
in the vicinity of the northern end of the Great Egg Harbor Inlet bridge;
bounded to the south by a line that runs along longitude 074°36′30″ W,
that crosses the ICW in the vicinity of day beacon #270. The regulated
area includes the ICW between the northern and southern boundaries
and 100 yards on either side of the ICW centerline.
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.
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).
11 .....
October—1st
Monday (Columbus Day).
U.S. holiday celebrations.
City of Philadelphia.
12 .....
December—On
December 31st
(New Year’s
Eve).
U.S. holiday celebrations.
City of Philadelphia.
pwalker on PROD1PC71 with RULES
10 .....
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
PO 00000
Frm 00050
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 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 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.
Fmt 4700
Sfmt 4700
E:\FR\FM\08MYR1.SGM
08MYR1
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
26011
TABLE TO § 100.501.—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983—
Continued
No.
Date
Event
Sponsor
Location
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.
Blue Angels Air
Show.
Baltimore County
18 .....
Dragon Boat Festival, Inc.
May—3rd Tuesday and
Wednesday.
20 .....
June—2nd Sunday.
The Great Chesapeake Bay
Bridges Swim
Races and
Chesapeake
Challenge One
Mile Swim.
Great Chesapeake Bay
Swim, Inc.
21 .....
pwalker on PROD1PC71 with RULES
19 .....
June—3rd Saturday or July—
3rd Saturday.
Maryland Swim
for Life.
District of Columbia Aquatics
Club.
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
U.S. Naval Academy.
PO 00000
Frm 00051
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.
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.
The waters of the Chesapeake Bay between and adjacent to the spans
of the William P. Lane Jr. Memorial Bridge shore to shore 500 yards
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 south 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.
The waters of the Chester River from shoreline to shoreline, bounded on
the south by a line drawn at latitude 39°10′16″ N, near the Chester
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.
Fmt 4700
Sfmt 4700
E:\FR\FM\08MYR1.SGM
08MYR1
26012
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
TABLE TO § 100.501.—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983—
Continued
No.
Date
Event
Sponsor
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 .....
October—last Saturday or November—1st
Saturday.
Tug of War ..........
30 .....
December—2nd
Saturday.
Eastport Yacht
Club Boat Parade.
Location
Virginia/Carolina
Racing Assn.
All waters of the Nanticoke River, near Sharptown, Maryland, between
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.
Eastport Yacht
The approaches to Annapolis Harbor, the waters of Spa Creek, and the
Club.
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 .....
pwalker on PROD1PC71 with RULES
31 .....
April—3rd Friday
and Saturday.
Hydroplane races
Virginia Boat Racing Assn.
33 .....
April—4th Friday
and Saturday.
Crawford Bay
Crew Classic.
Port Events, Inc ..
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
PO 00000
Frm 00052
The waters of the Western Branch, Elizabeth River bounded by a line
connecting the following points: latitude 36°50′06″ N, longitude
076°22′27″ W, thence to latitude 36°50′06″ N, longitude 076°21′57″ W,
thence to latitude 36°50′15″ N, longitude 076°21′55.8″ W, thence to
latitude 36°50′15″ N, longitude 076°22′27″ W, thence to point of origin.
The waters of the Western Branch, Elizabeth River bounded by a line
connecting the following points: latitude 36°50′06″ N, longitude
076°22′27″ W, thence to latitude 36°50′06″ N, longitude 076°21′57″ W,
thence to latitude 36°50′15″ N, longitude 076°21′55.8″ W, thence to
latitude 36°50′15″ N, longitude 076°22′27″ W, thence to point of origin.
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.
Fmt 4700
Sfmt 4700
E:\FR\FM\08MYR1.SGM
08MYR1
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
26013
TABLE TO § 100.501.—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983—
Continued
No.
Date
Event
Sponsor
Location
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 .....
May—last Friday,
Saturday and
Sunday or
June—1st Friday, Saturday
and Sunday.
Blackbeard Festival.
Hampton Event
Makers.
37 .....
June—1st Friday,
Saturday and
Sunday.
Norfolk Harborfest
Norfolk
Festevents, Ltd.
38 .....
pwalker on PROD1PC71 with RULES
34 .....
June—1st Friday
and Saturday.
Ocean City Maryland Offshore
Challenge.
Offshore Performance Assn.
Racing, LLC.
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
PO 00000
Frm 00053
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 Western Branch, Elizabeth River bounded by a line
connecting the following points: Latitude 36°50′06″ N, longitude
076°22′27″ W, thence to latitude 36°50′06″ N, longitude 076°21′57″ W,
thence to latitude 36°50′15″ N, longitude 076°21′55.8″ W, thence to
latitude 36°50′15″ N, longitude 076°22′27″ W, thence to point of origin.
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.
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.
Fmt 4700
Sfmt 4700
E:\FR\FM\08MYR1.SGM
08MYR1
26014
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
TABLE TO § 100.501.—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983—
Continued
Date
Event
Sponsor
Location
39 .....
June—3rd Saturday.
Cock Island Race
Ports Events, Inc
40 .....
June—last Saturday.
RRBA Spring
Radar Shootout.
41 .....
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.
Chincoteague Volunteer Fire Department.
43 .....
August—1st Friday, Saturday
and Sunday.
Power boat race ..
East Coast Boat
Racing Club of
New Jersey.
44 .....
August—2nd Friday, Saturday
and Sunday.
Hampton Cup Regatta.
Virginia Boat Racing Association.
45 .....
pwalker on PROD1PC71 with RULES
No.
September—2nd
Friday and Saturday.
Ocean City power
boat race.
Offshore Performance Assn.
Racing, LLC.
46 .....
September—2nd
Friday, Saturday and Sunday.
Hampton Bay
Days Festival.
Hampton Bay
Days, Inc.
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′25″ W, bounded on the east by
a line drawn along longitude 076°30′55″ 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.
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.
The waters of Mill Creek, adjacent to Fort Monroe, Hampton, Virginia, enclosed 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.
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 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 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.
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
E:\FR\FM\08MYR1.SGM
08MYR1
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
26015
TABLE TO § 100.501.—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983—
Continued
Date
Event
47 .....
October—1st Saturday and Sunday.
Virginia Boat Racing Association.
48 .....
October—2nd Friday.
U.S. Navy Fleet
Week Celebration.
49 .....
October—2nd
Saturday and
Sunday.
Hydroplane races
50 .....
October—2nd
Sunday.
Poquoson Seafood Festival
Workboat
Races.
51 .....
October—last Saturday and Sunday.
Hampton Roads
Sailboard Classic.
52 .....
November—1st
Friday and Saturday.
53 .....
pwalker on PROD1PC71 with RULES
No.
November—4th or
last Saturday.
International
Search and
Rescue Competition.
Holidays in the
City.
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
Sponsor
Location
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- The waters of the Western Branch, Elizabeth River bounded by a line
ing Assn.
connecting the following points: latitude 36°50′06″ N, longitude
076°22′27″ W, thence to latitude 36°50′06″ N, longitude 076°21′57″ W,
thence to latitude 36°50′15″ N, longitude 076°21′55.8″ W, thence to
latitude 36°50′15″ N, longitude 076°22′27″ W, thence to point of origin.
City of Poquoson
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.
Windsurfing EnThe waters of Willoughby Bay contained within the following coordinates:
thusiasts of
latitude 36°58′36″ N, longitude 076°18′42″ W, to latitude 36°58′00″ N,
Tidewater.
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.
U.S. Coast Guard The waters of the Southern Branch of the Elizabeth River including the
and Canadian
North Ferry Landing, from shoreline to shoreline, bounded to the north
Auxiliaries.
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.
Norfolk
The waters of the Elizabeth River and its branches from shore to shore,
Festevents, Ltd.
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 easternmost 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.
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
E:\FR\FM\08MYR1.SGM
08MYR1
26016
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
TABLE TO § 100.501.—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983—
Continued
No.
Date
Event
Sponsor
Location
Coast Guard Sector North Carolina—COTP Zone
54 .....
June—2nd Saturday and Sunday.
Carolina Cup Regatta.
55 .....
August—1st Friday, Saturday
and Sunday.
SBIP—Fountain
Super Boat InterPowerboats Kilo
national ProRun and Super
ductions (SBIP),
Boat Grand Prix.
Inc.
56 .....
September—4th
or last Sunday.
Crystal Coast
Super Boat
Grand Prix.
Super Boat International Productions, Inc.
57 .....
September—last
Saturday.
Wilmington YMCA
Triathlon.
Wilmington, NC,
YMCA.
§ 100.502
I
pwalker on PROD1PC71 with RULES
[Removed]
I
[Removed]
[Removed]
[Removed]
I
[Removed]
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
I
[Removed]
[Removed]
I
I
[Removed]
Sfmt 4700
[Removed]
24. Remove section 100.527.
[Removed]
25. Remove section 100.529.
§ 100.530
I
[Removed]
23. Remove section 100.526.
§ 100.529
I
[Removed]
22. Remove section 100.525.
§ 100.527
[Removed]
Fmt 4700
I
[Removed]
21. Remove section 100.523.
§ 100.526
[Removed]
Frm 00056
I
[Removed]
20. Remove section 100.522.
§ 100.525
18. Remove section 100.519.
PO 00000
I
[Removed]
19. Remove section 100.520.
§ 100.523
17. Remove section 100.518.
§ 100.519
10. Remove section 100.510.
[Removed]
16. Remove section 100.517.
§ 100.518
I
§ 100.522
15. Remove section 100.515.
§ 100.517
I
[Removed]
14. Remove section 100.514.
§ 100.515
I
§ 100.520
13. Remove section 100.513.
§ 100.514
9. Remove section 100.509.
§ 100.510
I
I
[Removed]
12. Remove section 100.512.
§ 100.513
8. Remove section 100.508.
§ 100.509
I
[Removed]
7. Remove section 100.507.
§ 100.508
I
I
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.
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 westernmost 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.
11. Remove section 100.511.
§ 100.512
6. Remove section 100.506.
§ 100.507
I
[Removed]
5. Remove section 100.505.
§ 100.506
I
I
4. Remove section 100.504.
§ 100.505
I
§ 100.511
3. Remove section 100.502.
§ 100.504
I
[Removed]
Virginia Boat Racing Assn.
[Removed]
26. Remove section 100.530.
E:\FR\FM\08MYR1.SGM
08MYR1
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
§ 100.531
I
[Removed]
Regulatory Information
31. Remove section 100.535.
§ 100.536
I
[Removed]
30. Remove section 100.534.
§ 100.535
I
[Removed]
29. Remove section 100.533.
§ 100.534
I
[Removed]
28. Remove section 100.532.
§ 100.533
I
Atlantic Beach, North Carolina 28512,
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call C.
D. Humphrey, Marine Event
Coordinator, (252) 247–4569. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
27. Remove section 100.531.
§ 100.532
I
[Removed]
[Removed]
32. Remove section 100.536.
Dated: April 21, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E8–10229 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA00
[Docket No. USCG–2008–0309]
Safety Zone: Hatteras Boat Parade and
Firework Display, Trent River, New
Bern, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
pwalker on PROD1PC71 with RULES
ACTION:
SUMMARY: The Coast Guard will
implement a safety zone during the
Hatteras Boat Parade and Firework
Display, a motor yacht parade to be held
on the waters of the Trent River, New
Bern, North Carolina. Vessel traffic in
portions on the Trent River adjacent to
New Bern, North Carolina, will be
restricted during the fireworks display.
DATES: This rule is effective May 30,
2008 from 7:30 p.m. to 9 p.m.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0309 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
two locations: the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and at Commander Sector North
Carolina, 2301 East Fort Macon Road,
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM would be impracticable and
contrary to public interest because
immediate action is needed to minimize
potential danger to the public during the
event. The necessary information to
determine whether the marine event
poses a threat to persons and vessels
was not provided to the Coast Guard in
sufficient time to publish an NPRM. The
potential dangers posed by the
pyrotechnic fireworks display, make a
safety zone necessary to provide for the
safety of spectator craft and other
vessels transiting the event area. The
Coast Guard will issue a broadcast
notice to mariners to advise mariners of
the restriction and on have on-scene
Coast Guard and local law enforcement
vessels.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the public interest,
because immediate action is needed to
ensure the safety of the event
participants, spectator craft and other
vessels transiting the event area.
Advance notifications will be made to
users of the Trent River, via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers.
Background and Purpose
On May 30, 2008, Hatteras Yacht’s
will sponsor the ‘‘Hatteras Boat Parade
and Firework Display’’, on the waters of
the Trent River. The event will consist
of approximately nine motor Yachts
ranging from 41 to 80 feet in length
parading single file pass the Sheraton
Hotel and Marina. A small barge with
close proximity pyrotechnics will be
anchored near the Trent River Railroad
Bridge. Due to the need for vessel
control during the event, vessel traffic
will be temporarily restricted to provide
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
26017
for the safety of participants, spectators
and transiting vessels.
Discussion of Rule
The Coast Guard is establishing a
safety zone on specified waters of the
Trent River, New Bern, North Carolina.
The safety zone includes all waters
within a 150 foot radius of position 35°
06′ 03″ N 077° 02′ 24″ W or
approximately one 100 yards east of the
center span of Trent River Railroad
Bridge, New Bern, North Carolina. The
safety zone will be in effect from 7:30
p.m. to 9 p.m. on May 30, 2008. The
effect will be to restrict general
navigation in the safety zone during the
fireworks display. Except for persons or
vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
may enter or remain in the safety zone
during the enforcement period. The
Patrol Commander will notify the public
of specific enforcement times by Marine
Radio Safety Broadcast. These
regulations are needed to control vessel
traffic during the event to enhance the
safety of participants, spectators and
transiting vessels.
Regulatory Evaluation
This 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. Although this proposed
regulation would prevent traffic from
transiting a portion of the Trent River
adjacent to New Bern, North Carolina,
during the event, the effects of this
regulation would not be significant due
to the limited duration that the safety
zone would be in effect. Extensive
advance notifications would be made to
the maritime community via Local
Notice to Mariners, marine information
broadcast, and area newspapers, so
mariners can adjust their plans
accordingly. Vessel traffic would be able
to transit the safety zone when the Coast
Guard Patrol Commander deems it is
safe to do so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
E:\FR\FM\08MYR1.SGM
08MYR1
Agencies
[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Rules and Regulations]
[Pages 26007-26017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10229]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations to
regulate recurring marine events in the Fifth Coast Guard District.
These regulations apply to all permitted events listed in the table
attached to the regulation, and include events such as regattas, and
marine parades. These regulations reduce the Coast Guard's
administrative workload and expedite public notification of events.
DATES: This rule is effective June 9, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2007-0147 and are available online at https://
www.regulations.gov. This material is also available for inspection or
copying at two locations: the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays and the Fifth
Coast Guard District Office, 431 Crawford Street, Portsmouth, VA 23704
between 10 a.m. and 2 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Dennis Sens, Project Manager, Fifth Coast Guard District,
Prevention Division, at 757-398-6204 or e-mail at
Dennis.M.Sens@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 10, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations; Recurring Marine Events in
the Fifth Coast Guard District in the Federal Register (73 FR 12669).
We received no letters commenting on the proposed rule. No public
meeting was requested, and none was held.
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 includes events such as sailing regattas, power
boat races, swim races and holiday parades. Currently, there are 57
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 increase 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 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 rule significantly reduces the administrative burden on the
Coast Guard, and at the same time allows the sponsor of the event and
the Coast Guard to notify the public of these events in a timely
manner. The public will 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 location 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 will 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. The public will also
be notified about many of the listed marine events by local newspapers,
radio and television stations. The various methods of notification
provided by the Coast Guard and local community media outlets will
facilitate informing mariners so they can adjust their plans
accordingly.
Discussion of Comments and Changes
The Coast Guard has made some minor technical revisions to this
rule. Revisions to the regulatory text include the following items.
In the Table to Sec. 100.501, marine event No. 3 was deleted. In
its place ``Night in Venice'' Great Egg Harbor Bay, Ocean City, New
Jersey was added as marine event No. 3. This event was previously
regulated by 33 CFR 100.504 for the same location. This revision does
not impose any additional restrictions on vessel traffic.
[[Page 26008]]
In the Table to Sec. 100.501, the location description for marine
event No's 31, 32, 35 and 49 were revised. All four marine events take
place in the same location in the Western Branch of the Elizabeth
River, Portsmouth, Virginia. The location was revised to reduce the
overall size of the regulated area. This revision does not impose any
additional restrictions on vessel traffic.
Regulatory Evaluation
This 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 rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The effect of this 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 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 rule will
not have a significant economic impact on a substantial number of small
entities. This 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 regulation will not have a significant impact on a substantial
number of small entities because it will be enforced only during 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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 rule calls 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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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.
[[Page 26009]]
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. This rule fits the category of paragraph
34(h) because it creates special local regulations for regattas and
marine parades.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Revise section 100.501 and add a new 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 the
Table to Sec. 100.501. These regulations will be effective annually,
for the duration of each event listed in the Table to Sec. 100.501.
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. 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 allowed inside the regulated area only 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 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 the Table to
Sec. 100.501. 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 To Sec. 100.501.--All Coordinates Listed in the Table to Sec. 100.501 Reference Datum NAD 1983
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
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[min]00[sec] N;
and bounded to the west
by a line that runs along
longitude
074[deg]37[min]00[sec] W.
[[Page 26010]]
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[min]35.7[sec]
N, longitude
075[deg]35[min]25.6[sec]
W, to latitude
39[deg]34[min]57.3[sec]
N, longitude
075[deg]33[min]23.1[sec]
W, to latitude
39[deg]34[min]11.9[sec]
N, longitude
075[deg]34[min]28.6[sec]
W, to latitude
39[deg]35[min]52.4[sec]
N, longitude
075[deg]36[min]33.9[sec]
W.
3.............. July--4th Saturday... Night in Venice...... City of Ocean City, The waters of Great Egg
NJ, Night in Venice Harbor Bay and Beach
Committee. Thorofare along the
Intracoastal Waterway
(ICW), adjacent to Ocean
City, New Jersey, bounded
by a line drawn at the
following points: Bounded
to the north by a line
that runs along longitude
074[deg]33[min]35[sec] W,
that crosses the ICW in
the vicinity of the
northern end of the Great
Egg Harbor Inlet bridge;
bounded to the south by a
line that runs along
longitude
074[deg]36[min]30[sec] W,
that crosses the ICW in
the vicinity of day
beacon 270. The
regulated area includes
the ICW between the
northern and southern
boundaries and 100 yards
on either side of the ICW
centerline.
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[min]00[sec] N,
longitude
074[deg]03[min]30[sec] W,
thence easterly to
latitude
39[deg]59[min]40[sec] N,
longitude
074[deg]02[min]00[sec] W,
thence southwesterly to
latitude
39[deg]56[min]35[sec] N,
longitude
074[deg]03[min]00[sec] W,
thence westerly to a
position near the Seaside
Heights Pier at latitude
39[deg]56[min]35[sec] N,
longitude
074[deg]04[min]15[sec] 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[min]00[sec] N;
southward to Seaside
Park, New Jersey latitude
39[deg]55[min]00[sec] 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[min]31[sec] N,
longitude
074[deg]25[min]04[sec] W,
thence to latitude
39[deg]21[min]08[sec] N,
longitude
074[deg]24[min]48[sec] W,
thence southwesterly to
latitude
39[deg]20[min]16[sec] N,
longitude
074[deg]27[min]17[sec] W,
thence northwesterly to a
point along the shoreline
at latitude
39[deg]20[min]44[sec] N,
longitude
074[deg]27[min]31[sec] W,
thence northeasterly
along the shoreline to
latitude
39[deg]21[min]31[sec] N,
longitude
074[deg]25[min]04[sec] 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[min]35.7[sec]
N, longitude
075[deg]35[min]25.6[sec]
W, to latitude
39[deg]34[min]57.3[sec]
N, longitude
075[deg]33[min]23.1[sec]
W, to latitude
39[deg]34[min]11.9[sec]
N, longitude
075[deg]34[min]28.6[sec]
W, to latitude
39[deg]35[min]52.4[sec]
N, longitude
075[deg]36[min]33.9[sec]
W.
9.............. September--last Sunset Lake Hydrofest Sunset Lake Hydrofest All waters of Sunset Lake,
Friday, Saturday and Assn. New Jersey, from
Sunday; October-- shoreline to shoreline,
first Friday, south of latitude
Saturday and Sunday. 38[deg]58[min]32[sec] 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.
----------------------------------------------------------------------------------------------------------------
[[Page 26011]]
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[min]38.9[sec]
N., longitude
076[deg]31[min]05.2[sec]
W. thence to the north
shoreline at latitude
39[deg]00[min]54.7[sec]
N., longitude
076[deg]30[min]44.8[sec]
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[min]39.5[sec]
N., longitude
076[deg]28[min]49[sec]
W., thence southeast to a
point 700 yards east of
Chinks Point, MD, at
latitude
38[deg]58[min]1.9[sec]
N., longitude
076[deg]28[min]1.7[sec]
W., thence northeast to
Greenbury Point at
latitude
38[deg]58[min]29[sec] N.,
longitude
076[deg]27[min]16[sec] W.
14............. March--last Friday, USNA Crew Races...... U.S. Naval Academy... All waters of the Severn
Saturday, and River from shoreline to
Sunday; April and shoreline, bounded to the
May--every Friday, northwest by a line drawn
Saturday, and Sunday. from the south shoreline
at latitude
39[deg]00[min]38.9[sec]
N., longitude
076[deg]31[min]05.2[sec]
W. thence to the north
shoreline at latitude
39[deg]00[min]54.7[sec]
N., longitude
076[deg]30[min]44.8[sec]
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[min]39.5[sec]
N., longitude
076[deg]28[min]49[sec] W.
thence southeast to a
point 700 yards east of
Chinks Point, MD, at
latitude
38[deg]58[min]1.9[sec]
N., longitude
076[deg]28[min]1.7[sec]
W. thence northeast to
Greenbury Point at
latitude
38[deg]58[min]29[sec] N.,
longitude
076[deg]27[min]16[sec] 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[min]05[sec] N,
and bounded to the north
by a line at latitude
38[deg]12[min]00[sec] 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[min]00[sec] N,
longitude
075[deg]54[min]00[sec] W,
thence westerly to
latitude
38[deg]18[min]00[sec] N,
longitude
075[deg]55[min]00[sec] W,
thence northerly to
latitude
38[deg]20[min]00[sec] N,
longitude
075[deg]53[min]48[sec] W,
thence easterly to
latitude
38[deg]19[min]42[sec] N,
longitude
075[deg]52[min]54[sec] 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[min]34[sec] N,
longitude
076[deg]25[min]41[sec] W,
thence to a position
located at
39[deg]19[min]33[sec] N,
longitude
076[deg]25[min]33[sec] 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.
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[min]38.9[sec]
N., longitude
076[deg]31[min]05.2[sec]
W. thence to the north
shoreline at latitude
39[deg]00[min]54.7[sec]
N., longitude
076[deg]30[min]44.8[sec]
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[min]39.5[sec]
N., longitude
076[deg]28[min]49[sec] W.
thence southeast to a
point 700 yards east of
Chinks Point, MD, at
latitude
38[deg]58[min]1.9[sec]
N., longitude
076[deg]28[min]1.7[sec]
W. thence northeast to
Greenbury Point at
latitude
38[deg]58[min]29[sec] N.,
longitude
076[deg]27[min]16[sec] 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[min]36[sec] N,
longitude
076[deg]23[min]05[sec] W
and the eastern shore at
latitude
38[deg]59[min]14[sec] N,
longitude
076[deg]20[min]00[sec] W,
and 500 yards south of
the south span of the
bridge from the western
shore at latitude
39[deg]00[min]16[sec] N,
longitude
076[deg]24[min]30[sec] W
and the eastern shore at
latitude
38[deg]58[min]38.5[sec]
N, longitude
076[deg]20[min]06[sec] 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[min]16[sec] N,