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 http:// 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 http://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 http://
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.
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[[Page 26011]]

 
                                     Coast Guard Sector Baltimore--COTP Zone
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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,