Special Local Regulations and Safety Zones; Recurring Events in Northern New England, 1568-1578 [2011-173]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 76, Number 7 (Tuesday, January 11, 2011)]
[Proposed Rules]
[Pages 1568-1578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-173]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2010-0110]
RIN 1625-AA08; AA01


Special Local Regulations and Safety Zones; Recurring Events in 
Northern New England

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend special local regulations 
and to establish permanent safety zones in the Coast Guard Northern New 
England Captain of the Port Zone for annual recurring marine events. 
When these special local regulations or safety zones are activated, and 
thus subject to enforcement, this rule would restrict vessels from 
portions of water areas during annual events listed in TABLES 1 and 2 
that pose a hazard to public safety. The revised special local 
regulations and safety zones are proposed to reduce administrative 
overhead, expedite public notification of events, and to ensure the 
protection of the maritime public and event participants from the 
hazards associated with firework displays, boat races, and other marine 
events.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 10, 2011. Requests for public meetings must 
be received by the Coast Guard on or before February 1, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0110 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Lieutenant Junior Grade Terence Leahy, Waterways 
Management Division at Coast Guard Sector Northern New England, 
telephone 207-767-0398, e-mail Terence.O.Leahy@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

[[Page 1569]]


SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0110), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via https://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via https://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0110'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0110'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before February 1, 2011, using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact Lieutenant Junior Grade Terence Leahy at the telephone number 
or e-mail address indicated under the FOR FURTHER INFORMATION CONTACT 
section of this notice.

Basis and Purpose

    Marine events are annually held on a recurring basis on the 
navigable waters within the Coast Guard Northern New England Captain of 
the Port Zone. These events include sailing regattas, powerboat races, 
rowboat races, parades, swim events, and fireworks displays. In the 
past, the Coast Guard has established special local regulations and 
regulated navigation areas for these events on a case by case basis to 
ensure the protection of the maritime public and event participants 
from the hazards associated with these marine events. Issuing 
individual regulations annually has proved to be administratively 
cumbersome.
    This proposed rule will significantly relieve administrative 
overhead and consistently apprise the public in a timely manner through 
permanent publication in Title 33 of the Code of Federal Regulations. 
The TABLES in this proposed regulation list each recurring marine event 
requiring a regulated area as administered by the Coast Guard.
    By establishing permanent regulations for these events, the Coast 
Guard will eliminate the need to establish temporary rules for events 
that occur on an annual basis. This provides opportunity for the public 
to comment while limiting the unnecessary burden of continually 
establishing temporary rules every year. Some of the events discussed 
below are duplicated in 33 CFR 100.114, a citation that no longer meets 
the Coast Guard's intended purposes. While 33 CFR part 100 is designed 
for Regattas and Marine Parades, 33 CFR part 165 is for Regulated 
Navigation Areas and Limited Access Areas. The Coast Guard has 
identified a number of events in 33 CFR part 100 which would be more 
appropriately located in 33 CFR part 165. This rulemaking will amend 
local regulations for events already contained in 33 CFR part 100 both 
to update event information as well as to move firework displays to 
part 165, a citation that better meets the Coast Guard's intended 
purpose of ensuring safety during these events.
    In addition, the Coast Guard has promulgated safety zones or 
special local regulations for all of these 52 areas in the past, and 
has not received public comments or concerns regarding the impact to 
waterway traffic from these annually recurring events.

Discussion of Proposed Rule

    The Coast Guard proposes to remove sections 33 CFR 100.107, 
100.108, 100.109, 100.110, 100.111, 100.118, to revise 33 CFR 100.114, 
and to add 33 CFR 100.120, and 33 CFR 165.171. The proposed changes 
will effectively remove six outdated special local regulations and 
establish 52 new permanent regulated areas. The proposed rule will 
apply to each recurring marine event listed in the attached TABLES in 
the Coast Guard Northern New England Captain of the Port Zone. The 
TABLES provide the event name, sponsor, and type, as well as 
approximate dates and locations of the events. Additionally, the 
specific times, dates, regulated areas, and enforcement period for each 
event will be provided in a Notice of Enforcement published in the 
Federal Register and through Local Notice to Mariners and Broadcast 
Notice to Mariners prior to each event. The particular size of the

[[Page 1570]]

safety zones established for each event will be reevaluated on an 
annual basis in accordance with Navigational and Vessel Inspection 
Circular (NVIC) 07-02, Marine Safety at Firework Displays, the National 
Fire Protection Association Standard 1123, Code for Fireworks Displays 
(100-foot distance per inch of diameter of the fireworks mortars), and 
other pertinent regulations and publications.
    This proposed regulation would prevent vessels from transiting 
areas specifically designated as special local regulations or safety 
zones during the periods of enforcement to ensure the protection of the 
maritime public and event participants from the hazards associated with 
listed marine events. Only event sponsors, designated participants, and 
official patrol vessels will be allowed to enter safety zones and 
special local regulation areas. Spectators and other vessels not 
registered as event participants may not enter the regulated areas 
without the permission of the Captain of the Port or his assigned 
representatives.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
regulation may have some impact on the public, the potential impact 
will be minimized for the following reasons: vessels will only be 
restricted from safety zones and special local regulation areas for a 
short duration of time unless otherwise noted; vessels may transit in 
all portions of the affected waterway except for those areas covered by 
the proposed zones; the Coast Guard has promulgated safety zones or 
special local regulations in accordance with 33 CFR parts 100 and 165 
for all event areas in the past and has not received notice of any 
negative impact caused by any of the safety zones or special local 
regulations; and notifications will also be made to the local maritime 
community by the Local Notice to Mariners and Broadcast Notice to 
Mariners well in advance of the events. The effect of this proposed 
action simply establishes the approximate dates on which the existing 
regulations would be enforced and consolidates them within one 
regulation. No new or additional restrictions will be imposed on vessel 
traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: owners or operators of 
vessels intending to transit, fish, or anchor in the areas where marine 
events are being held. For the reasons outlined in the Regulatory 
Planning and Review section above, this rule would not have a 
significant impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship

[[Page 1571]]

between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272) directs agencies to use voluntary consensus standards in 
their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action appears to be 
one of a category of actions which do not individually or cumulatively 
have a significant effect on the human environment.
    A preliminary environmental analysis checklist supporting this 
determination is available in the docket where indicated under 
ADDRESSES. This proposed rule involves safety zones and special local 
regulations concerning water activities including boat regattas, 
parades and races, swimming events, and fireworks displays. This rule 
appears to be categorically excluded, under paragraphs (34)(g) and 
34(h) of the Instruction.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 reads as follows:

    Authority:  33 U.S.C. 1233.


Sec. Sec.  100.107, 100.108, 100.109, 100.110, 100.111, and 
100.118  [Removed]

    2. Remove Sec. Sec.  100.107, 100.108, 100.109, 100.110, 100.111, 
and 100.118.
    Sec.  100.114 [Amended]
    3. In Sec.  100.114, amend the table in paragraph (a) by removing 
the entries for 6.1, 7.3, 7.8, 7.12, 7.13, 7.14, 7.15, 7.41, 8.8, and 
9.2,
    4. Add a new Sec.  100.120 to read as follows:


Sec.  100.120  Special Local Regulations; Marine Events Held in the 
Coast Guard Sector Northern New England Captain of the Port Zone.

    The following regulations apply to the marine events listed in 
TABLE to Sec.  100.120. These regulations will be enforced for the 
duration of each event, on or about the dates indicated. Annual notice 
of the exact dates and times of the effective period of the regulations 
with respect to each event, the geographical description of each 
regulated area, and details concerning the nature of the event and the 
number of participants and type(s) of vessels involved will be 
published in a Notice of Enforcement in the Federal Register and in 
Local Notices to Mariners. Mariners should consult the Federal Register 
or their Local Notice to Mariners to remain apprised of schedule or 
event changes. First Coast Guard District Local Notice to Mariners can 
be found at: https://www.navcen.uscg.gov/. The Sector Northern New 
England Marine Events schedule can also be viewed electronically at 
https://www.homeport.uscg.mil.

    Note to introductory paragraph of Sec.  100.20:  Although listed 
in the Code of Federal Regulations, sponsors of events listed in 
TABLE to Sec.  100.120 are still required to submit marine event 
applications in accordance with 33 CFR 100.15.

    (a) The Coast Guard may patrol each event area under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may 
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM.'' Official patrol vessels may consist of any Coast Guard, 
Coast Guard Auxiliary, state, or local law enforcement vessels assigned 
or approved by the Captain of the Port, Sector Northern New England.
    (b) Vessels may not transit the regulated areas without the Patrol 
Commander approval. Vessels permitted to transit must operate at a no 
wake speed, in a manner which will not endanger participants or other 
crafts in the event.
    (c) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by an official patrol vessel.
    (d) The Patrol Commander may control the movement of all vessels in 
the regulated area. When hailed or signaled by an official patrol 
vessel, a vessel shall come to an immediate stop and comply with the 
lawful directions issued. Failure to comply with a lawful direction may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (e) The Patrol Commander may delay or terminate any marine event in 
this subpart at any time it is deemed necessary to ensure the safety of 
life or property.
    (f) For all power boat races listed, vessels operating within the 
regulated area must be at anchor within a designated spectator area or 
moored to a waterfront facility in a way that will not interfere with 
the progress of the event.
    (g) For all regattas and boat parades listed, spectator vessels 
operating within the regulated area shall maintain a separation of at 
least 50 yards from the participants.
    (h) For all rowing and paddling boat races listed, vessels not 
associated with

[[Page 1572]]

the event shall maintain a separation of at least 50 yards from the 
participants.

                         Table to Sec.   100.120
------------------------------------------------------------------------
 
------------------------------------------------------------------------
             5.0                                  MAY
------------------------------------------------------------------------
5.1 Tall Ships Visiting         Event Type: Regatta and Boat
 Portsmouth.                    Parade.
                                Sponsor: Portsmouth Maritime
                                Commission, Inc.
                                Date: A four day event from
                                Friday through Monday during the last
                                weekend in May, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 9:00 am to 8:00 pm each
                                day.
                                Location: The regulated area
                                includes all waters of Portsmouth
                                Harbor, New Hampshire in the vicinity of
                                Castle Island within the following
                                points (NAD 83):43[deg]03[min]11[sec] N,
                                070[deg]42[min]26[sec]
                                W;43[deg]03[min]18[sec] N,
                                070[deg]41[min]51[sec]
                                W;43[deg]04[min]42[sec] N,
                                070[deg]42[min]11[sec]
                                W;43[deg]04[min]28[sec] N,
                                070[deg]44[min]12[sec]
                                W;43[deg]05[min]36[sec] N,
                                070[deg]45[min]56[sec]
                                W;43[deg]05[min]29[sec] N,
                                070[deg]46[min]09[sec]
                                W;43[deg]04[min]19[sec] N,
                                070[deg]44[min]16[sec]
                                W;43[deg]04[min]22[sec] N,
                                070[deg]42[min]33[sec] W.
------------------------------------------------------------------------
             6.0                                  JUNE
------------------------------------------------------------------------
6.1 Bar Harbor Blessing of      Event Type: Regatta and Boat
 the Fleet.                     Parade.
                                Sponsor: Town of Bar Harbor,
                                Maine.
                                Date: A one day event on Sunday
                                during the first weekend of June, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 12:00 pm to 1:30 pm.
                                Location: The regulated area
                                includes all waters of Bar Harbor, Maine
                                within the following points (NAD
                                83):44[deg]23[min]32[sec] N,
                                068[deg]12[min]19[sec]
                                W;44[deg]23[min]30[sec] N,
                                068[deg]12[min]00[sec]
                                W;44[deg]23[min]37[sec] N,
                                068[deg]12[min]00[sec]
                                W;44[deg]23[min]35[sec] N,
                                068[deg]12[min]19[sec] W.
6.2 Charlie Begin Memorial      Event Type: Power Boat Race.
 Lobster Boat Races.            Sponsor: Boothbay Harbor Lobster
                                Boat Race Committee.
                                Date: A one day event on
                                Saturday during the third weekend of
                                June, as specified in the USCG District
                                1 Local Notice to Mariners.
                                Time: 10:00 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Boothbay Harbor,
                                Maine in the vicinity of John's Island
                                within the following points (NAD
                                83):43[deg]50[min]04[sec] N,
                                069[deg]38[min]37[sec]
                                W;43[deg]50[min]54[sec] N,
                                069[deg]38[min]06[sec]
                                W;43[deg]50[min]49[sec] N,
                                069[deg]37[min]50[sec]
                                W;43[deg]50[min]00[sec] N,
                                069[deg]38[min]20[sec] W.
6.3 Rockland Harbor Lobster     Event Type: Power Boat Race.
 Boat Races.                    Sponsor: Rockland Harbor Lobster
                                Boat Race Committee.
                                Date: A one day event on Sunday
                                during the third weekend of June, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 9:00 am to 5:00 pm.
                                Location: The regulated area
                                includes all waters of Rockland Harbor,
                                Maine in the vicinity of the Rockland
                                Breakwater Light within the following
                                points (NAD 83):44[deg]05[min]59[sec] N,
                                069[deg]04[min]53[sec]
                                W;44[deg]06[min]43[sec] N,
                                069[deg]05[min]25[sec]
                                W;44[deg]06[min]50[sec] N,
                                069[deg]05[min]05[sec]
                                W;44[deg]06[min]05[sec] N,
                                069[deg]04[min]34[sec] W.
6.4 Windjammer Days Parade of   Event Type: Tall Ship Parade.
 Ships.                         Sponsor: Boothbay Region Chamber
                                of Commerce.
                                Date: A one day event on
                                Wednesday during the last week of June,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 12:00 pm to 5:00 pm.
                                Location: The regulated area
                                includes all waters of Boothbay Harbor,
                                Maine in the vicinity of Tumbler's
                                Island within the following points (NAD
                                83):43[deg]51[min]02[sec] N,
                                069[deg]37[min]33[sec]
                                W;43[deg]50[min]47[sec] N,
                                069[deg]37[min]31[sec]
                                W;43[deg]50[min]23[sec] N,
                                069[deg]37[min]57[sec]
                                W;43[deg]50[min]01[sec] N,
                                069[deg]37[min]45[sec]
                                W;43[deg]50[min]01[sec] N,
                                069[deg]38[min]31[sec]
                                W;43[deg]50[min]25[sec] N,
                                069[deg]38[min]25[sec]
                                W;43[deg]50[min]49[sec] N,
                                069[deg]37[min]45[sec] W.
------------------------------------------------------------------------
             7.0                                  JULY
------------------------------------------------------------------------
7.1 Moosabec Lobster Boat       Event Type: Power Boat Race.
 Races.                         Sponsor: Moosabec Boat Race
                                Committee.
                                Date: A one day event held on
                                July 4th, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 10:00 am to 12:30 pm.
                                Location: The regulated area
                                includes all waters of Jonesport, Maine
                                within the following points (NAD
                                83):44[deg]31[min]21[sec] N,
                                067[deg]36[min]44[sec]
                                W;44[deg]31[min]36[sec] N,
                                067[deg]36[min]47[sec]
                                W;44[deg]31[min]44[sec] N,
                                067[deg]35[min]36[sec]
                                W;44[deg]31[min]29[sec] N,
                                067[deg]35[min]33[sec] W.
7.2 The Great Race...........   Event Type: Rowing and Paddling
                                Boat Race.
                                Sponsor: Franklin County Chamber
                                of Commerce.
                                Date: A one day event on Sunday
                                during the first week of July, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 10:00 am to 12:30 pm.
                                Location: The regulated area
                                includes all waters of Lake Champlain in
                                the vicinity of Saint Albans Bay within
                                the following points (NAD
                                83):44[deg]47[min]18[sec] N,
                                073[deg]10[min]27[sec]
                                W;44[deg]47[min]10[sec] N,
                                073[deg]08[min]51[sec] W.
7.3 Searsport Lobster Boat      Event Type: Power Boat Race.
 Races.                         Sponsor: Searsport Lobster Boat
                                Race Committee.
                                Date: A one day event on
                                Saturday during the second week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.

[[Page 1573]]

 
                                Time: 9:00 am to 4:00 pm.
                                Location: The regulated area
                                includes all waters of Searsport Harbor,
                                Maine within the following points (NAD
                                83):44[deg]26[min]50[sec] N,
                                068[deg]55[min]20[sec]
                                W;44[deg]27[min]04[sec] N,
                                068[deg]55[min]26[sec]
                                W;44[deg]27[min]12[sec] N,
                                068[deg]54[min]35[sec]
                                W;44[deg]26[min]59[sec] N,
                                068[deg]54[min]29[sec] W.
7.4 Stonington Lobster Boat     Event Type: Power Boat Race.
 Races.                         Sponsor: Stonington Lobster Boat
                                Race Committee.
                                Date: A one day event on
                                Saturday during the second week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 8:00 am to 3:30 pm.
                                Location: The regulated area
                                includes all waters of Stonington, Maine
                                within the following points (NAD
                                83):44[deg]08[min]55[sec] N,
                                068[deg]40[min]12[sec]
                                W;44[deg]09[min]00[sec] N,
                                068[deg]40[min]15[sec]
                                W;44[deg]09[min]11[sec] N,
                                068[deg]39[min]42[sec]
                                W;44[deg]09[min]07[sec] N,
                                068[deg]39[min]39[sec] W.
7.5 Mayor's Cup Regatta......   Event Type: Sailboat Parade.
                                Sponsor: Plattsburgh Sunrise
                                Rotary.
                                Date: A one day event on
                                Saturday during the second week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 10:00 am to 4:00 pm.
                                Location: The regulated area
                                includes all waters of Cumberland Bay on
                                Lake Champlain in the vicinity of
                                Plattsburgh, New York within the
                                following points (NAD
                                83):44[deg]39[min]26[sec] N,
                                073[deg]26[min]25[sec]
                                W;44[deg]41[min]27[sec] N,
                                073[deg]23[min]12[sec] W.
7.6 The Challenge Race.......   Event Type: Rowing and Paddling
                                Boat Race.
                                Sponsor: Lake Champlain Maritime
                                Museum.
                                Date: A one day event on
                                Saturday during the third week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 11:00 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Lake Champlain in
                                the vicinity of Button Bay State Park
                                within the following points (NAD
                                83):44[deg]12[min]25[sec] N,
                                073[deg]22[min]32[sec]
                                W;44[deg]12[min]00[sec] N,
                                073[deg]21[min]42[sec]
                                W;44[deg]12[min]19[sec] N,
                                073[deg]21[min]25[sec]
                                W;44[deg]13[min]16[sec] N,
                                073[deg]21[min]36[sec] W.
7.7 Friendship Lobster Boat     Event Type: Power Boat Race.
 Races.                         Sponsor: Friendship Lobster Boat
                                Race Committee.
                                Date: A one day event on
                                Saturday during the last week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 9:30 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Friendship
                                Harbor, Maine within the following
                                points (NAD 83):43[deg]57[min]51[sec] N,
                                069[deg]20[min]46[sec]
                                W;43[deg]58[min]14[sec] N,
                                069[deg]19[min]53[sec]
                                W;43[deg]58[min]19[sec] N,
                                069[deg]20[min]01[sec]
                                W;43[deg]58[min]00[sec] N,
                                069[deg]20[min]46[sec] W.
7.8 Arthur Martin Memorial      Event Type: Rowing and Paddling
 Regatta.                       Boat Race.
                                Sponsor: I Row.
                                Date: A one day event on
                                Saturday during the last week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 9:00 am to 1:00 pm.
                                Location: The regulated area
                                includes all waters of the Piscataqua
                                River, in the vicinity of Kittery Point,
                                Maine within the following points (NAD
                                83):43[deg]03[min]51[sec] N,
                                070[deg]41[min]55[sec]
                                W;43[deg]04[min]35[sec] N,
                                070[deg]42[min]18[sec]
                                W;43[deg]04[min]42[sec] N,
                                070[deg]43[min]15[sec]
                                W;43[deg]05[min]14[sec] N,
                                070[deg]43[min]12[sec]
                                W;43[deg]05[min]14[sec] N,
                                070[deg]43[min]06[sec]
                                W;43[deg]04[min]44[sec] N,
                                070[deg]43[min]11[sec]
                                W;43[deg]04[min]35[sec] N,
                                070[deg]42[min]13[sec]
                                W;43[deg]03[min]53[sec] N,
                                070[deg]41[min]40[sec] W.
7.9 Harpswell Lobster Boat      Event Type: Power Boat Race.
 Races.                         Sponsor: Harpswell Lobster Boat
                                Race Committee.
                                Date: A one day event on Sunday
                                during the last week of July, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 10:00 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Potts Harbor,
                                Maine within the following points (NAD
                                83):43[deg]46[min]50[sec] N,
                                070[deg]01[min]37[sec]
                                W;43[deg]46[min]50[sec] N,
                                070[deg]01[min]18[sec]
                                W;43[deg]46[min]28[sec] N,
                                070[deg]01[min]36[sec]
                                W;43[deg]46[min]28[sec] N,
                                070[deg]01[min]19[sec] W.
------------------------------------------------------------------------
             8.0                                 AUGUST
------------------------------------------------------------------------
8.1 Eggemoggin Reach Regatta.   Event Type: Wooden Boat Parade.
                                Sponsor: Rockport Marine, Inc.
                                and Brookline Boat Yard.
                                Date: A one day event on
                                Saturday during the first week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 11:00 am to 7:00 pm.
                                Location: The regulated area
                                includes all waters of Eggemoggin Reach
                                and Jericho Bay in the vicinity of
                                Naskeag Harbor, Maine within the
                                following points (NAD
                                83):44[deg]15[min]16[sec] N,
                                068[deg]36[min]26[sec]
                                W;44[deg]12[min]41[sec] N,
                                068[deg]29[min]26[sec]
                                W;44[deg]07[min]38[sec] N,
                                068[deg]31[min]30[sec]
                                W;44[deg]12[min]54[sec] N,
                                068[deg]33[min]46[sec] W.
8.2 Southport Rowgatta Rowing   Event Type: Rowing and Paddling
 and Paddling Boat Race.        Boat Race.
                                Sponsor: Boothbay Region YMCA.
                                Date: A one day event on
                                Saturday during the second week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 8:00 am to 3:00 pm.

[[Page 1574]]

 
                                Location: The regulated area
                                includes all waters of Sheepscot Bay and
                                Boothbay, on the shore side of Southport
                                Island, Maine within the following
                                points (NAD 83):43[deg]50[min]26[sec] N,
                                069[deg]39[min]10[sec]
                                W;43[deg]49[min]10[sec] N,
                                069[deg]38[min]35[sec]
                                W;43[deg]46[min]53[sec] N,
                                069[deg]39[min]06[sec]
                                W;43[deg]46[min]50[sec] N,
                                069[deg]39[min]32[sec]
                                W;43[deg]49[min]07[sec] N,
                                069[deg]41[min]43[sec]
                                W;43[deg]50[min]19[sec] N,
                                069[deg]41[min]14[sec]
                                W;43[deg]51[min]11[sec] N,
                                069[deg]40[min]06[sec] W.
8.3 Winter Harbor Lobster       Event Type: Power Boat Race.
 Boat Races.                    Sponsor: Winter Harbor Chamber
                                of Commerce.
                                Date: A one day event on
                                Saturday during the second week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 9:00 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Winter Harbor,
                                Maine within the following points (NAD
                                83):44[deg]22[min]06[sec] N,
                                068[deg]05[min]13[sec]
                                W;44[deg]23[min]06[sec] N,
                                068[deg]05[min]08[sec]
                                W;44[deg]23[min]04[sec] N,
                                068[deg]04[min]37[sec]
                                W;44[deg]22[min]05[sec] N,
                                068[deg]04[min]44[sec] W.
8.4 Lake Champlain Dragon       Event Type: Rowing and Paddling
 Boat Festival.                 Boat Race.
                                Sponsor: Dragonheart Vermont.
                                Date: A one day event on Sunday
                                during the second week of August, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 7:00 am to 5:00 pm.
                                Location: The regulated area
                                includes all waters of Burlington Bay
                                within the following points (NAD
                                83):44[deg]28[min]51[sec] N,
                                073[deg]13[min]28[sec]
                                W;44[deg]28[min]40[sec] N,
                                073[deg]13[min]40[sec]
                                W;44[deg]28[min]37[sec] N,
                                073[deg]13[min]29[sec]
                                W;44[deg]28[min]40[sec] N,
                                073[deg]13[min]17[sec] W.
8.5 Merritt Brackett Lobster    Event Type: Power Boat Race.
 Boat Races.                    Sponsor: Town of Bristol, Maine.
                                Date: A one day event on Sunday
                                during the second week of August, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 10:00 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Pemaquid Harbor,
                                Maine within the following points (NAD
                                83):43[deg]52[min]16[sec] N,
                                069[deg]32[min]10[sec]
                                W;43[deg]52[min]41[sec] N,
                                069[deg]31[min]43[sec]
                                W;43[deg]52[min]35[sec] N,
                                069[deg]31[min]29[sec]
                                W;43[deg]52[min]09[sec] N,
                                069[deg]31[min]56[sec] W.
8.6 Multiple Sclerosis          Event Type: Regatta and Sailboat
 Regatta.                       Race.
                                Sponsor: Maine Chapter, Multiple
                                Sclerosis Society.
                                Date: A one day event on
                                Saturday during the third week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 10:00 am to 4:00 pm.
                                Location: The regulated area for
                                the start of the race includes all
                                waters of Casco Bay, Maine in the
                                vicinity of Peaks Island within the
                                following points (NAD
                                83):43[deg]40[min]24[sec] N,
                                070[deg]14[min]20[sec]
                                W;43[deg]40[min]36[sec] N,
                                070[deg]13[min]56[sec]
                                W;43[deg]39[min]58[sec] N,
                                070[deg]13[min]21[sec]
                                W;43[deg]39[min]46[sec] N,
                                070[deg]13[min]51[sec] W.
8.7 Multiple Sclerosis          Event Type: Power Boat Race.
 Harborfest Tugboat Race.       Sponsor: Maine Chapter, National
                                Multiple Sclerosis Society.
                                Date: A one day event on Sunday
                                during the third week of August, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 10:00 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Portland Harbor,
                                Maine in the vicinity of Maine State
                                Pier within the following points (NAD
                                83):43[deg]40[min]25[sec] N,
                                070[deg]14[min]21[sec]
                                W;43[deg]40[min]36[sec] N,
                                070[deg]13[min]56[sec]
                                W;43[deg]39[min]58[sec] N,
                                070[deg]13[min]21[sec]
                                W;43[deg]39[min]47[sec] N,
                                070[deg]13[min]51[sec] W.
------------------------------------------------------------------------
             9.0                               SEPTEMBER
------------------------------------------------------------------------
9.1 Eastport Pirates Festival   Event Type: Power Boat Race.
 Lobster Boat Races.            Sponsor: Eastport Pirates
                                Festival.
                                Date: A one day event on Sunday
                                during the second weekend of September,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 11:00 am to 6:00 pm.
                                Location: The regulated area
                                includes all waters in the vicinity of
                                Eastport Harbor, Maine within the
                                following points (NAD
                                83):44[deg]54[min]14[sec] N,
                                066[deg]58[min]52[sec]
                                W;44[deg]54[min]14[sec] N,
                                068[deg]58[min]56[sec]
                                W;44[deg]54[min]24[sec] N,
                                066[deg]58[min]52[sec]
                                W;44[deg]54[min]24[sec] N,
                                066[deg]58[min]56[sec] W.
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    5. The authority citation for part 165 reads as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.
    6. Add a new Sec.  165.171 to read as follows:


Sec.  165.171  Safety Zones for Fireworks Displays held in Coast Guard 
Sector Northern New England Captain of the Port Zone.

    The Coast Guard is establishing safety zones for the fireworks 
displays listed in TABLE to Sec.  165.171. These regulations will be 
enforced for the duration of each event, on or about the dates 
indicated in TABLE to Sec.  165.171. Annual notice of the exact dates 
and times of the effective period of the regulations with respect to 
each firework displays, the geographical description of each regulated 
area, and details concerning the nature of the event and the number of 
participants and type(s) of vessels involved will be published in a 
Notice of Enforcement in the Federal Register and in Local Notices to 
Mariners. Mariners should consult the Federal Register and their Local 
Notice to Mariners to remain apprised of minor schedule or event 
changes. First Coast Guard District Local Notice to Mariners can be 
found at: https://www.navcen.uscg.gov/. The

[[Page 1575]]

Sector Northern New England Marine Events schedule can also be viewed 
electronically at: https://www.homeport.uscg.mil.

    Note to introductory paragraph of Sec.  165.171:  Although 
listed in the Code of Federal Regulations, sponsors of events listed 
in TABLE to Sec.  165.171 shall submit an application each year in 
accordance with 33 CFR 100.15.

    (a) The Coast Guard may patrol each event area under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may 
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM.'' The ``official patrol vessels'' may consist of any Coast 
Guard, Coast Guard Auxiliary, state, or local law enforcement vessels 
assigned or approved by the Captain of the Port, Sector Northern New 
England.
    (b) Vessels may not transit the regulated areas without Patrol 
Commander approval. Vessels permitted to transit must operate at a no 
wake speed, in a manner which will not endanger participants or other 
crafts in the event.
    (c) Spectators or other vessels shall not anchor, block, loiter, or 
impede the movement of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by an official patrol vessel.
    (d) The Patrol Commander may control the movement of all vessels in 
the regulated area. When hailed or signaled by an official patrol 
vessel, a vessel shall come to an immediate stop and comply with the 
lawful directions issued. Failure to comply with a lawful direction may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (e) The Patrol Commander may delay or terminate any event in this 
subpart at any time to assure safety. Such action may be justified as a 
result of weather, traffic density, spectator operation or participant 
behavior.
    (f) For all swim events listed, vessels not associated with the 
event shall maintain a separation zone of 200 feet from participating 
swimmers.
    (g) For all fireworks displays listed below, the regulated area is 
that area of navigable waters within a 350 yard radius of the launch 
platform or launch site for each fireworks display, unless modified in 
USCG District 1 Local Notice to Mariners at: https://www.navcen.uscg.gov/.

                         Table to Sec.   165.171
------------------------------------------------------------------------
 
------------------------------------------------------------------------
             6.0                                  JUNE
------------------------------------------------------------------------
6.1 Windjammer Days Fireworks   Event Type: Fireworks Display.
                                Sponsor: Boothbay Harbor Region
                                Chamber of Commerce.
                                Date: One night event on
                                Wednesday during the last week of June,
                                as specified in the USCG District 1
                                Local Notice to Mariners
                                at:www.navcen.uscg.gov/?pageName=lnmDistrict®ion=1.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of
                                McFarland Island, Boothbay Harbor, Maine
                                in approximate position:
                                43[deg]50[min]38[sec] N,
                                069[deg]37[min]57[sec] W (NAD 83).
------------------------------------------------------------------------
             7.0                                  JULY
------------------------------------------------------------------------
7.1 Burlington Independence     Event Type: Firework Display.
 Day Fireworks.                 Sponsor: City of Burlington,
                                Vermont.
                                Date: July 3rd, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 9:00 pm to 11:00 pm.
                                Location: From a barge in the
                                vicinity of Burlington Harbor,
                                Burlington, Vermont in approximate
                                position: 44[deg]28[min]31[sec] N,
                                073[deg]13[min]31[sec] W (NAD 83).
7.2 Camden 3rd of July          Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Camden, Rockport,
                                Lincolnville Chamber of Commerce.
                                Date: July 3rd, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:00 pm.
                                Location: In the vicinity of
                                Hampton Beach, New Hampshire in
                                approximate position:
                                44[deg]12[min]32[sec] N,
                                069[deg]02[min]58[sec] W (NAD 83).
7.3 Bangor 4th of July          Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Bangor 4th of July
                                Fireworks.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of the
                                Bangor Waterfront, Bangor, Maine in
                                approximate position:
                                44[deg]47[min]27[sec] N,
                                068[deg]46[min]31[sec] W (NAD 83).
7.4 Bar Harbor 4th of July      Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Bar Harbor Chamber of
                                Commerce.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of Bar
                                Harbor Town Pier, Bar Harbor, Maine in
                                approximate position:
                                44[deg]23[min]31[sec] N,
                                068[deg]12[min]15[sec] W (NAD 83).
7.5 Boothbay Harbor 4th of      Event Type: Fireworks Display.
 July Fireworks.                Sponsor: Town of Boothbay
                                Harbor.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of
                                McFarland Island, Boothbay Harbor, Maine
                                in approximate position:
                                43[deg]50[min]38[sec] N,
                                069[deg]37[min]57[sec] W (NAD 83).
7.6 Colchester 4th of July      Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Town of Colchester,
                                Recreation Department.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:00 pm.

[[Page 1576]]

 
                                Location: In the vicinity of
                                Bayside Beach and Mallets Bay in
                                Colchester, Vermont at approximate
                                position: 44[deg]32[min]44[sec] N,
                                073[deg]13[min]10[sec] W (NAD 83).
7.7 Eastport 4th of July        Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Eastport 4th of July
                                Committee.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 9:00 pm to 9:30 pm.
                                Location: From the Waterfront
                                Public Pier in Eastport, Maine at
                                approximate position:
                                44[deg]54[min]25[sec] N,
                                066[deg]58[min]55[sec] W (NAD 83).
7.8 Hampton Beach 4th of July   Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Hampton Beach Village
                                District.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:30 pm to 11:00 pm.