Special Local Regulations and Safety Zones; Recurring Events in Northern New England, 17530-17541 [2011-6783]

Download as PDF 17530 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations and applicable to individual income tax returns filed after December 31, 2010. Steven T. Miller, Deputy Commissioner for Services and Enforcement. Approved: March 25, 2011. Michael Mundaca, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2011–7571 Filed 3–28–11; 4:15 pm] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Regulatory Information Coast Guard 33 CFR Parts 100 and 165 [Docket No. USCG–2010–0110] RIN 1625–AA08; AA00 Special Local Regulations and Safety Zones; Recurring Events in Northern New England Coast Guard, DHS. ACTION: Final rule. AGENCY: The Coast Guard is amending special local regulations and establishing permanent safety zones in the Coast Guard Northern New England Captain of the Port (COTP) Zone for annual recurring marine events. When these special local regulations or safety zones are activated, and thus subject to enforcement, this rule restricts vessels from portions of water areas during annual events in the Northern New England COTP Zone. The revised special local regulations and safety zones reduce administrative overhead, expedite public notification of events, and ensure the protection of the maritime public and event participants from the hazards associated with firework displays, boat races, and other marine events. DATES: This rule is effective April 29, 2011. SUMMARY: 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–2010–0110 and are available online by going to http:// www.regulations.gov, inserting USCG– 2010–0110 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at 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. WReier-Aviles on DSKGBLS3C1PROD with RULES ADDRESSES: VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: On Tuesday, January 11, 2011, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled ‘‘Special Local Regulations and Safety Zones; Recurring Events in Northern New England’’ in the Federal Register (76 FR 1568). We received no comments or requests for a public meeting on the proposed rule. Basis and Purpose Marine events are annually held on a recurring basis on the navigable waters within the Coast Guard Northern New England COTP 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 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 (CFR). The TABLES in this 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 has eliminated the need to establish temporary rules for events that occur on an annual basis. This provided 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 amends 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. Background The Coast Guard in Northern New England processes over 180 marine event applications on an annual basis. Consequently, we created this rule to reduce costly administrative overhead and to decrease time consumed when drafting multiple special local regulations and regulated navigation areas for these marine events. By having permanent regulations for these events in Title 33 of the CFR also eliminates the need to establish multiple temporary rules for events that occur on an annual basis, hence greatly reducing administrative costs associated with that process. Another purpose of this rule is to list events on a permanent basis in order to expedite public notice of all marine activity in the Coast Guard Northern New England COTP Zone. Discussion of Comments and Changes The Coast Guard did not receive any comments in response to the NPRM published in the Federal Register (76 FR 1568) on Tuesday, January 11, 2011. Accordingly, no changes were made to the regulatory text in the final rule. We have added figure 2–1, paragraph (34)(g) of Commandant Instruction M16475.1D in the Environment section of the regulatory analysis, as this paragraph also pertains to the Categorical Exclusion determination for safety zones. Regulatory Analyses We developed this 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. E:\FR\FM\30MRR1.SGM 30MRR1 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations Regulatory Planning and Review 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. 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 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 via the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. The effect of this 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. WReier-Aviles on DSKGBLS3C1PROD 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 will 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 safety zones for marine related fireworks events and special local regulations for regattas are being held. For the reasons outlined in the Regulatory Planning and Review section VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 17531 above, this rule will 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 will 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 will economically affect it. 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. 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. Civil Justice Reform 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 (adjusted for inflation) or PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 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 E:\FR\FM\30MRR1.SGM 30MRR1 17532 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this 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 concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraphs (34)(g) and (34)(h) of the Instruction since it involves establishment of safety zones for marine related fireworks events and special local regulations for regattas, respectively. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. 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 amends 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. §§ 100.107, 100.108, 100.109, 100.110, 100.111, and 100.118 [Removed] 2. Remove §§ 100.107, 100.108, 100.109, 100.110, 100.111, and 100.118. ■ § 100.114 [Amended] 3. In § 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 § 100.120 to read as follows: ■ § 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 the Table to § 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: http://www.navcen.uscg.gov/. The Sector Northern New England Marine Events schedule can also be viewed electronically at http:// www.homeport.uscg.mil. Note to introductory paragraph of § 100.20: Although listed in the Code of Federal Regulations, sponsors of events listed in the Table to § 100.20 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 the event shall maintain a separation of at least 50 yards from the participants. WReier-Aviles on DSKGBLS3C1PROD with RULES TABLE TO § 100.120 5.0 5.1 MAY Tall Ships Visiting Portsmouth .................................. VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 PO 00000 • Event Type: Regatta and Boat 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 a.m. to 8:00 p.m. each day. Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 17533 TABLE TO § 100.120—Continued 5.0 MAY • 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° 03′11″ N 070° 42′26″ W. 43° 03′18″ N 070° 41′51″ W. 43° 04′42″ N 070° 42′11″ W. 43° 04′28″ N 070° 44′12″ W. 43° 05′36″ N 070° 45′56″ W. 43° 05′29″ N 070° 46′09″ W. 43° 04′19″ N 070° 44′16″ W. 43° 04′22″ N 070° 42′33″ W. 6.0 JUNE Bar Harbor Blessing of the Fleet. .............................. • Event Type: Regatta and Boat 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 p.m. to 1:30 p.m. • Location: The regulated area includes all waters of Bar Harbor, Maine within the following points (NAD 83): 44° 23′32″ N 068° 12′19″ W. 44° 23′30″ N 068° 12′00″ W. 44° 23′37″ N 068° 12′00″ W. 44° 23′35″ N 068° 12′19″ W. 6.2 Charlie Begin Memorial Lobster Boat Races ............ • Event Type: Power Boat Race. • 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 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of within John’s Island the following points (NAD 83): 43° 50′04″ N 069° 38′37″ W. 43° 50′54″ N 069° 38′06″ W. 43° 50′49″ N 069° 37′50″ W. 43° 50′00″ N 069° 38′20″ W. 6.3 Rockland Harbor Lobster Boat Races ...................... • Event Type: Power Boat Race. • 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 a.m. to 5:00 p.m. • 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° 05′59″ N 069° 04′53″ W. 44° 06′43″ N 069° 05′25″ W. 44° 06′50″ N 069° 05′05″ W. 44° 06′05″ N 069° 04′34″ W. 6.4 WReier-Aviles on DSKGBLS3C1PROD with RULES 6.1 Windjammer Days Parade of Ships .......................... • Event Type: Tall Ship Parade. • 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 p.m. to 5:00 p.m. • 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° 51′02″ N 069° 37′33″ W. 43° 50′47″ N 069° 37′31″ W. 43° 50′23″ N 069° 37′57″ W. 43° 50′01″ N 069° 37′45″ W. 43° 50′01″ N 069° 38′31″ W. 43° 50′25″ N 069° 38′25″ W. 43° 50′49″ N 069° 37′45″ W. 7.0 7.1 JULY Moosabec Lobster Boat Races. ................................ VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 PO 00000 • Event Type: Power Boat Race. • 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 a.m. to 12:30 p.m. Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1 17534 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations TABLE TO § 100.120—Continued 7.0 JULY • Location: The regulated area lowing points (NAD 83): 44° 31′21″ N 067° 36′44″ 44° 31′36″ N 067° 36′47″ 44° 31′44″ N 067° 35′36″ 44° 31′29″ N 067° 35′33″ includes all waters of Jonesport, Maine within the folW. W. W. W. 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 a.m. to 12:30 p.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Saint Albans Bay within the following points (NAD 83): 44° 47′18″ N 073° 10′27″ W. 44° 47′10″ N 073° 08′51″ W. 7.3 Searsport Lobster Boat Races .................................. • Event Type: Power Boat Race. • 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. • Time: 9:00 a.m. to 4:00 p.m. • Location: The regulated area includes all waters of Searsport Harbor, Maine within the following points (NAD 83): 44° 26′50″ N 068° 55′20″ W. 44° 27′04″ N 068° 55′26″ W. 44° 27′12″ N 068° 54′35″ W. 44° 26′59″ N 068° 54′29″ W. 7.4 Stonington Lobster Boat Races. ............................... • Event Type: Power Boat Race. • 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 a.m. to 3:30 p.m. • Location: The regulated area includes all waters of Stonington, Maine within the following points (NAD 83): 44° 08′55″ N 068° 40′12″ W. 44° 09′00″ N 068° 40′15″ W. 44° 09′11″ N 068° 39′42″ W. 44° 09′07″ N 068° 39′39″ 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 a.m. to 4:00 p.m. • 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° 39′26″ N 073° 26′25″ W. 44° 41′27″ N 073° 23′12″ W. 7.6 WReier-Aviles on DSKGBLS3C1PROD with RULES 7.2 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 a.m. to 3:00 p.m. • 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° 12′25″ N 073° 22′32″ W. 44° 12′00″ N 073° 21′42″ W. 44° 12′19″ N 073° 21′25″ W. 44° 13′16″ N 073° 21′36″ W. 7.7 Friendship Lobster Boat Races. ................................ • Event Type: Power Boat Race. • 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 a.m. to 3:00 p.m. VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 17535 TABLE TO § 100.120—Continued 7.0 JULY • Location: The regulated area includes all waters of Friendship Harbor, Maine within the following points (NAD 83): 43° 57′51″ N 069° 20′46″ W. 43° 58′14″ N 069° 19′53″ W. 43° 58′19″ N 069° 20′01″ W. 43° 58′00″ N 069° 20′46″ W. 7.8 Arthur Martin Memorial Regatta. ............................... • Event Type: Rowing and Paddling 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 a.m. to 1:00 p.m. • 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° 03′51″ N 070° 41′55″ W. 43° 04′35″ N 070° 42′18″ W. 43° 04′42″ N 070° 43′15″ W. 43° 05′14″ N 070° 43′12″ W. 43° 05′14″ N 070° 43′06″ W. 43° 04′44″ N 070° 43′11″ W. 43° 04′35″ N 070° 42′13″ W. 43° 03′53″ N 070° 41′40″ W. 7.9 Harpswell Lobster Boat Races. ................................. • Event Type: Power Boat Race. • 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 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Potts Harbor, Maine within the following points (NAD 83): 43° 46′50″ N 070° 01′37″ W. 43° 46′50″ N 070° 01′18″ W. 43° 46′28″ N 070° 01′36″ W. 43° 46′28″ N 070° 01′19″ W. 8.0 AUGUST 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 a.m. to 7:00 p.m. • 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° 15′16″ N 068° 36′26″ W. 44° 12′41″ N 068° 29′26″ W. 44° 07′38″ N 068° 31′30″ W. 44° 12′54″ N 068° 33′46″ W. 8.2 Southport Rowgatta Rowing and Paddling Boat Race. • Event Type: Rowing and Paddling 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 a.m. to 3:00 p.m. • 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° 50′26″ N 069° 39′10″ W. 43° 49′10″ N 069° 38′35″ W. 43° 46′53″ N 069° 39′06″ W. 43° 46′50″ N 069° 39′32″ W. 43° 49′07″ N 069° 41′43″ W. 43° 50′19″ N 069° 41′14″ W. 43° 51′11″ N 069° 40′06″ W. 8.3 • Event Type: Power Boat Race. • 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 a.m. to 3:00 p.m. WReier-Aviles on DSKGBLS3C1PROD with RULES 8.1 Winter Harbor Lobster Boat Races ........................... VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1 17536 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations TABLE TO § 100.120—Continued 8.0 AUGUST • Location: The regulated area includes all waters of Winter Harbor, Maine within the following points (NAD 83): 44° 22′06″ N 068° 05′13″ W. 44° 23′06″ N 068° 05′08″ W. 44° 23′04″ N 068° 04′37″ W. 44° 22′05″ N 068° 04′44″ W. 8.4 Lake Champlain Dragon Boat Festival ..................... • Event Type: Rowing and Paddling 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 a.m. to 5:00 p.m. • Location: The regulated area includes all waters of Burlington Bay within the following points (NAD 83): 44° 28′51″ N 073° 13′28″ W. 44° 28′40″ N 073° 13′40″ W. 44° 28′37″ N 073° 13′29″ W. 44° 28′40″ N 073° 13′17″ W. 8.5 Merritt Brackett Lobster Boat Races ......................... • Event Type: Power Boat Race. • 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 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Pemaquid Harbor, Maine within the following points (NAD 83): 43° 52′16″ N 069° 32′10″ W. 43° 52′41″ N 069° 31′43″ W. 43° 52′35″ N 069° 31′29″ W. 43° 52′09″ N 069° 31′56″ W. 8.6 Multiple Sclerosis Regatta ......................................... • Event Type: Regatta and Sailboat 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 a.m. to 4:00 p.m. • 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° 40′24″ N 070° 14′20″ W. 43° 40′36″ N 070° 13′56″ W. 43° 39′58″ N 070° 13′21″ W. 43° 39′46″ N 070° 13′51″ W. 8.7 Multiple Sclerosis Harborfest Tugboat Race ............. • Event Type: Power Boat 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 a.m. to 3:00 p.m. • 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° 40′25″ N 070° 14′21″ W. 43° 40′36″ N 070° 13′56″ W. 43° 39′58″ N 070° 13′21″ W. 43° 39′47″ N 070° 13′51″ W. 9.0 WReier-Aviles on DSKGBLS3C1PROD with RULES 9.1 SEPTEMBER Eastport Pirates Festival Lobster Boat Races .......... VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 PO 00000 • Event Type: Power Boat Race. • 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 a.m. to 6:00 p.m. • Location: The regulated area includes all waters in the vicinity of Eastport Harbor, Maine within the following points (NAD 83): 44° 54′14″ N 066° 58′52″ W. 44° 54′14″ N 068° 58′56″ W. 44° 54′24″ N 066° 58′52″ W. 44° 54′24″ N 066° 58′56″ W. Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 continues to read 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. 2. Add a new § 165.171 to read as follows: ■ § 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 the Table to § 165.171. These regulations will be enforced for the duration of each event, on or about the dates indicated in the Table to § 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: http://www.navcen.uscg.gov/. The Sector Northern New England Marine Events schedule can also be viewed electronically at: www.homeport.uscg.mil. Note to introductory paragraph of § 165.171: Although listed in the Code of Federal Regulations, sponsors of events listed in the Table to § 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 17537 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: http:// www.navcen.uscg.gov/. TABLE TO SEC. 165.171 6.0 6.1 JUNE 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/?page Name=lnmDistrict&region=1 • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43° 50′38″ N, 069° 37′57″ W (NAD 83). 7.0 JULY Burlington Independence Day Fireworks .................. • • • • • Event Type: Firework Display. 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° 28′31″ N, 073° 13′31″ W (NAD 83). 7.2 WReier-Aviles on DSKGBLS3C1PROD with RULES 7.1 Camden 3rd of July Fireworks .................................. • • • • • Event Type: Fireworks Display. 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° 12′32″ N, 069° 02′58″ W (NAD 83). 7.3 Bangor 4th of July Fireworks .................................... • • • • Event Type: Fireworks Display. 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. VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1 17538 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations TABLE TO SEC. 165.171—Continued 6.0 JUNE • Location: In the vicinity of the Bangor Waterfront, Bangor, Maine in approximate position: 44° 47′27″ N, 068° 46′31″ W (NAD 83). Bar Harbor 4th of July Fireworks .............................. • • • • • Event Type: Fireworks Display. 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° 23′31″ N, 068° 12′15″ W (NAD 83). 7.5 Boothbay Harbor 4th of July Fireworks ..................... • • • • • Event Type: Fireworks Display. 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° 50′38″ N, 069° 37′57″ W (NAD 83). 7.6 Colchester 4th of July Fireworks ............................... • • • • • Event Type: Fireworks Display. 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. Location: In the vicinity of Bayside Beach and Mallets Bay in Colchester, Vermont at approximate position: 44° 32′44″ N, 073° 13′10″ W (NAD 83). 7.7 Eastport 4th of July Fireworks ................................... • • • • • Event Type: Fireworks Display. 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° 54′25″ N, 066° 58′55″ W (NAD 83). 7.8 Hampton Beach 4th of July Fireworks ...................... • • • • • Event Type: Fireworks Display. 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. Location: In the vicinity of Hampton Beach, New Hampshire in approximate position: 42° 54′40″ N, 070° 48′31″ W (NAD 83). 7.9 Jonesport 4th of July Fireworks ................................ • • • • • Event Type: Fireworks Display. Sponsor: Jonesport 4th of July Committee. Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. Time: 9:30 pm to 10:00 pm. Location: In the vicinity of Beals Island, Jonesport, Maine in approximate position: 44° 31′18″ N, 067° 36′43″ W (NAD 83). 7.10 Main Street Heritage Days 4th of July Fireworks ... • • • • • Event Type: Fireworks Display. Sponsor: Main Street Inc. 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 Reed and Reed Boat Yard, Woolwich, Maine in approximate position: 43° 54′56″ N, 069° 48′16″ W (NAD 83). 7.11 WReier-Aviles on DSKGBLS3C1PROD with RULES 7.4 Portland Harbor 4th of July Fireworks .................... • • • • • Event Type: Fireworks Display. Sponsor: Department of Parks and Recreation, Portland, Maine. Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. Time: 8:30 pm to 10:30 pm. Location: In the vicinity of East End Beach, Portland, Maine in approximate position: 43° 40′16″ N, 070° 14′44″ W (NAD 83). 7.12 St. Albans Day Fireworks ........................................ • • • • • Event Type: Fireworks Display. Sponsor: St. Albans Area Chamber of Commerce. Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. Time: 9:00 pm to 10:00 pm. Location: From the St. Albans Bay dock in St. Albans Bay, Vermont in the approximate position: VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 17539 TABLE TO SEC. 165.171—Continued 6.0 JUNE 44° 48′25″ N, 073° 08′23″ W (NAD 83). Stonington 4th of July Fireworks ............................. • • • • • 7.14 Urban/EPIC Triathlon .............................................. • Event Type: Swim Event. • Sponsor: Tri-Maine Productions. • 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: 7:00 am to 11:00 am. • Location: The regulated area includes all waters of Portland Harbor in the vicinity of East End Beach in Portland, Maine within the following points (NAD 83): 43° 40′00″ N 070° 14′20″ W. 43° 40′00″ N 070° 14′00″ W. 43° 40′15″ N 070° 14′29″ W. 43° 40′17″ N 070° 13′22″ W. 7.15 Tri for a Cure Swim Clinics ..................................... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A two day event held on third Sunday and Thursday in July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 12:30 pm to 7:30 pm. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83): 43° 39′01″ N 070° 13′32″ W. 43° 39′07″ N 070° 13′29″ W. 43° 39′06″ N 070° 13′41″ W. 43° 39′01″ N 070° 13′36″ W. 7.16 Richmond Days Fireworks ...................................... • Event Type: Fireworks Display. • Sponsor: Town of Richmond, Maine. • Date: A one day event on Saturday during the fourth weekend of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:00 pm. • Location: From a barge in the vicinity of the inner harbor, Tenants Harbor, Maine in approximate position: 44° 08′42″ N, 068° 27′06″ W (NAD83). 7.17 Colchester Triathlon ................................................ • Event Type: Swim Event. • Sponsor: Colchester Parks and Recreation Department. • Date: A one day event on Wednesday during the last week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 am to 11:00 am. • Location: The regulated area includes all waters of Malletts Bay on Lake Champlain, Vermont within the following points (NAD 83): 44° 32′18″ N 073° 12′35″ W. 44° 32′28″ N 073° 12′56″ W. 44° 32′57″ N 073° 12′38″ W. 7.18 WReier-Aviles on DSKGBLS3C1PROD with RULES 7.13 Peaks to Portland Swim .......................................... • Event Type: Swim Event. • Sponsor: Cumberland County YMCA. • 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: 5:00 am to 1:00 pm. • Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Portland, Maine within the following points (NAD 83): 43° 39′20″ N 070° 11′58″ W. 43° 39′45″ N 070° 13′19″ W. 43° 40′11″ N 070° 14′13″ W. 43° 40′08″ N 070° 14′29″ W. 43° 40′00″ N 070° 14′23″ W. 43° 39′34″ N 070° 13′31″ W. 43° 39′13″ N 070° 11′59″ W. Event Type: Fireworks Display. Sponsor: Deer Isle—Stonington 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 Two Bush Island, Stonington, Maine in approximate position: 44° 08′57″ N, 068° 39′54″ W (NAD 83). 8.0 8.1 AUGUST Sprucewold Cabbage Island Swim ........................... VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 PO 00000 • Event Type: Swim Event. Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1 17540 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations TABLE TO SEC. 165.171—Continued 6.0 JUNE • Sponsor: Sprucewold Association. • 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: 1:00 pm to 6:00 pm. • Location: The regulated area includes all waters of Linekin Bay between Cabbage Island and Sprucewold Beach in Boothbay Harbor, Maine within the following points (NAD 83): 43° 50′37″ N 069° 36′23″ W. 43° 50′37″ N 069° 36′59″ W. 43° 50′16″ N 069° 36′46″ W. 43° 50′22″ N 069° 36′21″ W. Westerlund’s Landing Party Fireworks ...................... • Event Type: Fireworks Display. • Sponsor: Portside Marina. • Date: A one day event on Saturday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of Westerlund’s Landing in South Gardiner, Maine in approximate position: 44° 10′19″ N, 069° 45′24″ W (NAD 83). 8.3 Y–Tri Triathlon ........................................................... • Event Type: Swim Event. • Sponsor: Plattsburgh YMCA. • 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: 9:00 am to 10:00 am. • Location: The regulated area includes all waters of Treadwell Bay on Lake Champlain in the vicinity of Point Au Roche State Park, Plattsburgh, New York within the following points (NAD 83): 44° 46′30″ N 073° 23′26″ W. 44° 46′17″ N 073° 23′26″ W. 44° 46′17″ N 073° 23′46″ W. 44° 46′29″ N 073° 23′46″ W. 8.4 Greater Burlington YMCA Lake Swim ....................... • Event Type: Swim Event. • Sponsor: Greater Burlington 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 6:00 pm. • Location: The regulated area includes all waters in Lake Champlain in the vicinity of North Hero Island within the following points (NAD 83): 44° 46′55″ N 073° 22′14″ W. 44° 47′08″ N 073° 19′05″ W. 44° 46′48″ N 073° 17′13″ W. 44° 46′10″ N 073° 16′39″ W. 44° 41′08″ N 073° 20′58″ W. 44° 41′36″ N 073° 23′01″ W. 8.5 Tri for a Cure Triathlon .............................................. • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A one day event on the second Sunday in August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 12:30 pm to 4:30 pm. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83): 43° 39′01″ N 070° 13′32″ W. 43° 39′07″ N 070° 13′29″ W. 43° 39′06″ N 070° 13′41″ W. 43° 39′01″ N 070° 13′36″ W. 8.6 WReier-Aviles on DSKGBLS3C1PROD with RULES 8.2 Tri for a Cure Swim Clinics ....................................... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A two day event held on the first and second Saturday in August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 am to 11:30 am. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83): 43° 39′01″ N 070° 13′32″ W. 43° 39′07″ N 070° 13′29″ W. 43° 39′06″ N 070° 13′41″ W. 43° 39′01″ N 070° 13′36″ W. VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 17541 TABLE TO SEC. 165.171—Continued 6.0 8.7 JUNE Rockland Breakwater Swim ...................................... • Event Type: Swim Event. • Sponsor: Pen-Bay Masters. • Date: A one day event on Saturday during the fourth week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:30 am to 1:30 pm. • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of Jameson Point within the following points (NAD 83): 44° 06′16″ N 069° 04′39″ W. 44° 06′13″ N 069° 04′36″ W. 44° 06′12″ N 069° 04′43″ W. 44° 06′17″ N 069° 04′44″ W. 44° 06′18″ N 069° 04′40″ W. 9.0 SEPTEMBER 9.1 Windjammer Weekend Fireworks ............................. • Event Type: Fireworks Display. • Sponsor: Town of Camden, Maine. • Date: A one day event on Friday during the first weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 9:30 pm. • Location: From a barge in the vicinity of Northeast Point, Camden Harbor, Maine in approximate position: 44° 12′10″ N, 069° 03′11″ W (NAD 83). 9.2 The Lobsterman Triathlon ......................................... • Event Type: Swim Event. • Sponsor: Tri-Maine Productions. • Date: A one day swim event on Saturday during the second weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 am to 11:00 am. • Location: The regulated area includes all waters in the vicinity of Winslow Park in South Freeport, Maine within the following points (NAD 83): 43° 47′59″ N 070° 06′56″ W. 43° 47′44″ N 070° 06′56″ W. 43° 47′44″ N 070° 07′27″ W. 43° 47′57″ N 070° 07′27″ W. 9.3 Burlington Triathlon ................................................... • Event Type: Swim Event. • Sponsor: Race Vermont. • Date: A one day swim event on Sunday during the second weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 am to 10:00 am. • Location: The regulated area includes all waters in the vicinity of North Beach, Burlington, Vermont within the following points (NAD 83): 44° 29′31″ N 073° 14′22″ W. 44° 29′12″ N 073° 14′14″ W. 44° 29′17″ N 073° 14′34″ W. 9.4 Eliot Festival Day Fireworks ...................................... • Event Type: Fireworks Display. • Sponsor: Eliot Festival Day Committee. • Date: A one day event on Saturday during the fourth weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in approximate position: 43° 08′56″ N, 070° 49′52″ W (NAD 83). WReier-Aviles on DSKGBLS3C1PROD with RULES Dated: March 10, 2011. J.B. McPherson, Captain, U.S. Coast Guard, Captain of the Port Sector Northern New England. [FR Doc. 2011–6783 Filed 3–29–11; 8:45 am] BILLING CODE 9110–04–P ACTION: Coast Guard SUMMARY: 33 CFR Part 117 [Docket No. USCG–2011–0163] Drawbridge Operation Regulation; Mermentau River, Grand Chenier, LA AGENCY: VerDate Mar<15>2010 12:55 Mar 29, 2011 Jkt 223001 Notice of temporary deviation from regulations. DEPARTMENT OF HOMELAND SECURITY PO 00000 Coast Guard, DHS. Frm 00021 Fmt 4700 Sfmt 4700 The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 82 swing span bridge across the Mermentau River, mile 7.1, at Grand Chenier, Cameron Parish, Louisiana. This deviation is necessary for physical and mechanical repairs pertaining to the bridge’s main span and components. E:\FR\FM\30MRR1.SGM 30MRR1

Agencies

[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Rules and Regulations]
[Pages 17530-17541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6783]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2010-0110]
RIN 1625-AA08; AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending special local regulations and 
establishing permanent safety zones in the Coast Guard Northern New 
England Captain of the Port (COTP) Zone for annual recurring marine 
events. When these special local regulations or safety zones are 
activated, and thus subject to enforcement, this rule restricts vessels 
from portions of water areas during annual events in the Northern New 
England COTP Zone. The revised special local regulations and safety 
zones reduce administrative overhead, expedite public notification of 
events, and ensure the protection of the maritime public and event 
participants from the hazards associated with firework displays, boat 
races, and other marine events.

DATES: This rule is effective April 29, 2011.

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-2010-0110 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0110 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On Tuesday, January 11, 2011, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled ``Special Local Regulations and 
Safety Zones; Recurring Events in Northern New England'' in the Federal 
Register (76 FR 1568). We received no comments or requests for a public 
meeting on the proposed rule.

Basis and Purpose

    Marine events are annually held on a recurring basis on the 
navigable waters within the Coast Guard Northern New England COTP 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 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 (CFR). The 
TABLES in this 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 has eliminated the need to establish temporary rules for events 
that occur on an annual basis. This provided 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 amends 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.

Background

    The Coast Guard in Northern New England processes over 180 marine 
event applications on an annual basis. Consequently, we created this 
rule to reduce costly administrative overhead and to decrease time 
consumed when drafting multiple special local regulations and regulated 
navigation areas for these marine events. By having permanent 
regulations for these events in Title 33 of the CFR also eliminates the 
need to establish multiple temporary rules for events that occur on an 
annual basis, hence greatly reducing administrative costs associated 
with that process.
    Another purpose of this rule is to list events on a permanent basis 
in order to expedite public notice of all marine activity in the Coast 
Guard Northern New England COTP Zone.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments in response to the 
NPRM published in the Federal Register (76 FR 1568) on Tuesday, January 
11, 2011. Accordingly, no changes were made to the regulatory text in 
the final rule.
    We have added figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1D in the Environment section of the regulatory 
analysis, as this paragraph also pertains to the Categorical Exclusion 
determination for safety zones.

Regulatory Analyses

    We developed this 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.

[[Page 17531]]

Regulatory Planning and Review

    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. 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 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 via the Local Notice 
to Mariners and Broadcast Notice to Mariners well in advance of the 
events. The effect of this 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 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 will 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 safety zones for marine 
related fireworks events and special local regulations for regattas are 
being held. For the reasons outlined in the Regulatory Planning and 
Review section above, this rule will 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 will 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 will 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), 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 (adjusted for 
inflation) 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 cause 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

[[Page 17532]]

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraphs (34)(g) 
and (34)(h) of the Instruction since it involves establishment of 
safety zones for marine related fireworks events and special local 
regulations for regattas, respectively. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

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 amends 
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
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]

0
2. Remove Sec. Sec.  100.107, 100.108, 100.109, 100.110, 100.111, and 
100.118.


Sec.  100.114  [Amended]

0
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.

0
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 the 
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: http://www.navcen.uscg.gov/. The Sector Northern New 
England Marine Events schedule can also be viewed electronically at 
http://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 the 
Table to Sec.  100.20 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 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 Portsmouth   Event Type: Regatta and
                                     Boat 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 a.m. to 8:00
                                     p.m. each day.

[[Page 17533]]

 
                                     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] 03'11'' N 070[deg]
                                        42'26'' W.
                                       43[deg] 03'18'' N 070[deg]
                                        41'51'' W.
                                       43[deg] 04'42'' N 070[deg]
                                        42'11'' W.
                                       43[deg] 04'28'' N 070[deg]
                                        44'12'' W.
                                       43[deg] 05'36'' N 070[deg]
                                        45'56'' W.
                                       43[deg] 05'29'' N 070[deg]
                                        46'09'' W.
                                       43[deg] 04'19'' N 070[deg]
                                        44'16'' W.
                                       43[deg] 04'22'' N 070[deg]
                                        42'33'' W.
------------------------------------------------------------------------
6.0                                 JUNE
------------------------------------------------------------------------
6.1 Bar Harbor Blessing of the       Event Type: Regatta and
 Fleet..                             Boat 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 p.m. to 1:30
                                     p.m.
                                     Location: The regulated
                                     area includes all waters of Bar
                                     Harbor, Maine within the following
                                     points (NAD 83):
                                       44[deg] 23'32'' N 068[deg]
                                        12'19'' W.
                                       44[deg] 23'30'' N 068[deg]
                                        12'00'' W.
                                       44[deg] 23'37'' N 068[deg]
                                        12'00'' W.
                                       44[deg] 23'35'' N 068[deg]
                                        12'19'' W.
------------------------------------------------------------------------
6.2 Charlie Begin Memorial Lobster   Event Type: Power Boat
 Boat Races.                         Race.
                                     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 a.m. to 3:00
                                     p.m.
                                     Location: The regulated
                                     area includes all waters of
                                     Boothbay Harbor, Maine in the
                                     vicinity of within John's Island
                                     the following points (NAD 83):
                                       43[deg] 50'04'' N 069[deg]
                                        38'37'' W.
                                       43[deg] 50'54'' N 069[deg]
                                        38'06'' W.
                                       43[deg] 50'49'' N 069[deg]
                                        37'50'' W.
                                       43[deg] 50'00'' N 069[deg]
                                        38'20'' W.
------------------------------------------------------------------------
6.3 Rockland Harbor Lobster Boat     Event Type: Power Boat
 Races.                              Race.
                                     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 a.m. to 5:00
                                     p.m.
                                     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] 05'59'' N 069[deg]
                                        04'53'' W.
                                       44[deg] 06'43'' N 069[deg]
                                        05'25'' W.
                                       44[deg] 06'50'' N 069[deg]
                                        05'05'' W.
                                       44[deg] 06'05'' N 069[deg]
                                        04'34'' W.
------------------------------------------------------------------------
6.4 Windjammer Days Parade of        Event Type: Tall Ship
 Ships.                              Parade.
                                     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 p.m. to 5:00
                                     p.m.
                                     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] 51'02'' N 069[deg]
                                        37'33'' W.
                                       43[deg] 50'47'' N 069[deg]
                                        37'31'' W.
                                       43[deg] 50'23'' N 069[deg]
                                        37'57'' W.
                                       43[deg] 50'01'' N 069[deg]
                                        37'45'' W.
                                       43[deg] 50'01'' N 069[deg]
                                        38'31'' W.
                                       43[deg] 50'25'' N 069[deg]
                                        38'25'' W.
                                       43[deg] 50'49'' N 069[deg]
                                        37'45'' W.
------------------------------------------------------------------------
7.0                                 JULY
------------------------------------------------------------------------
7.1 Moosabec Lobster Boat Races...   Event Type: Power Boat
                                     Race.
                                     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 a.m. to 12:30
                                     p.m.

[[Page 17534]]

 
                                     Location: The regulated
                                     area includes all waters of
                                     Jonesport, Maine within the
                                     following points (NAD 83):
                                       44[deg] 31'21'' N 067[deg]
                                        36'44'' W.
                                       44[deg] 31'36'' N 067[deg]
                                        36'47'' W.
                                       44[deg] 31'44'' N 067[deg]
                                        35'36'' W.
                                       44[deg] 31'29'' N 067[deg]
                                        35'33'' 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 a.m. to 12:30
                                     p.m.
                                     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] 47'18'' N 073[deg]
                                        10'27'' W.
                                       44[deg] 47'10'' N 073[deg]
                                        08'51'' W.
------------------------------------------------------------------------
7.3 Searsport Lobster Boat Races..   Event Type: Power Boat
                                     Race.
                                     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.
                                     Time: 9:00 a.m. to 4:00
                                     p.m.
                                     Location: The regulated
                                     area includes all waters of
                                     Searsport Harbor, Maine within the
                                     following points (NAD 83):
                                       44[deg] 26'50'' N 068[deg]
                                        55'20'' W.
                                       44[deg] 27'04'' N 068[deg]
                                        55'26'' W.
                                       44[deg] 27'12'' N 068[deg]
                                        54'35'' W.
                                       44[deg] 26'59'' N 068[deg]
                                        54'29'' W.
------------------------------------------------------------------------
7.4 Stonington Lobster Boat Races.   Event Type: Power Boat
                                     Race.
                                     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 a.m. to 3:30
                                     p.m.
                                     Location: The regulated
                                     area includes all waters of
                                     Stonington, Maine within the
                                     following points (NAD 83):
                                       44[deg] 08'55'' N 068[deg]
                                        40'12'' W.
                                       44[deg] 09'00'' N 068[deg]
                                        40'15'' W.
                                       44[deg] 09'11'' N 068[deg]
                                        39'42'' W.
                                       44[deg] 09'07'' N 068[deg]
                                        39'39'' 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 a.m. to 4:00
                                     p.m.
                                     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] 39'26'' N 073[deg]
                                        26'25'' W.
                                       44[deg] 41'27'' N 073[deg]
                                        23'12'' 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 a.m. to 3:00
                                     p.m.
                                     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] 12'25'' N 073[deg]
                                        22'32'' W.
                                       44[deg] 12'00'' N 073[deg]
                                        21'42'' W.
                                       44[deg] 12'19'' N 073[deg]
                                        21'25'' W.
                                       44[deg] 13'16'' N 073[deg]
                                        21'36'' W.
------------------------------------------------------------------------
7.7 Friendship Lobster Boat Races.   Event Type: Power Boat
                                     Race.
                                     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 a.m. to 3:00
                                     p.m.

[[Page 17535]]

 
                                     Location: The regulated
                                     area includes all waters of
                                     Friendship Harbor, Maine within the
                                     following points (NAD 83):
                                       43[deg] 57'51'' N 069[deg]
                                        20'46'' W.
                                       43[deg] 58'14'' N 069[deg]
                                        19'53'' W.
                                       43[deg] 58'19'' N 069[deg]
                                        20'01'' W.
                                       43[deg] 58'00'' N 069[deg]
                                        20'46'' W.
------------------------------------------------------------------------
7.8 Arthur Martin Memorial           Event Type: Rowing and
 Regatta..                           Paddling 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 a.m. to 1:00
                                     p.m.
                                     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] 03'51'' N 070[deg]
                                        41'55'' W.
                                       43[deg] 04'35'' N 070[deg]
                                        42'18'' W.
                                       43[deg] 04'42'' N 070[deg]
                                        43'15'' W.
                                       43[deg] 05'14'' N 070[deg]
                                        43'12'' W.
                                       43[deg] 05'14'' N 070[deg]
                                        43'06'' W.
                                       43[deg] 04'44'' N 070[deg]
                                        43'11'' W.
                                       43[deg] 04'35'' N 070[deg]
                                        42'13'' W.
                                       43[deg] 03'53'' N 070[deg]
                                        41'40'' W.
------------------------------------------------------------------------
7.9 Harpswell Lobster Boat Races..   Event Type: Power Boat
                                     Race.
                                     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 a.m. to 3:00
                                     p.m.
                                     Location: The regulated
                                     area includes all waters of Potts
                                     Harbor, Maine within the following
                                     points (NAD 83):
                                       43[deg] 46'50'' N 070[deg]
                                        01'37'' W.
                                       43[deg] 46'50'' N 070[deg]
                                        01'18'' W.
                                       43[deg] 46'28'' N 070[deg]
                                        01'36'' W.
                                       43[deg] 46'28'' N 070[deg]
                                        01'19'' 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 a.m. to 7:00
                                     p.m.
                                     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] 15'16'' N 068[deg]
                                        36'26'' W.
                                       44[deg] 12'41'' N 068[deg]
                                        29'26'' W.
                                       44[deg] 07'38'' N 068[deg]
                                        31'30'' W.
                                       44[deg] 12'54'' N 068[deg]
                                        33'46'' W.
------------------------------------------------------------------------
8.2 Southport Rowgatta Rowing and    Event Type: Rowing and
 Paddling Boat Race.                 Paddling 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 a.m. to 3:00
                                     p.m.
                                     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] 50'26'' N 069[deg]
                                        39'10'' W.
                                       43[deg] 49'10'' N 069[deg]
                                        38'35'' W.
                                       43[deg] 46'53'' N 069[deg]
                                        39'06'' W.
                                       43[deg] 46'50'' N 069[deg]
                                        39'32'' W.
                                       43[deg] 49'07'' N 069[deg]
                                        41'43'' W.
                                       43[deg] 50'19'' N 069[deg]
                                        41'14'' W.
                                       43[deg] 51'11'' N 069[deg]
                                        40'06'' W.
------------------------------------------------------------------------
8.3 Winter Harbor Lobster Boat       Event Type: Power Boat
 Races.                              Race.
                                     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 a.m. to 3:00
                                     p.m.

[[Page 17536]]

 
                                     Location: The regulated
                                     area includes all waters of Winter
                                     Harbor, Maine within the following
                                     points (NAD 83):
                                       44[deg] 22'06'' N 068[deg]
                                        05'13'' W.
                                       44[deg] 23'06'' N 068[deg]
                                        05'08'' W.
                                       44[deg] 23'04'' N 068[deg]
                                        04'37'' W.
                                       44[deg] 22'05'' N 068[deg]
                                        04'44'' W.
------------------------------------------------------------------------
8.4 Lake Champlain Dragon Boat       Event Type: Rowing and
 Festival.                           Paddling 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 a.m. to 5:00
                                     p.m.
                                     Location: The regulated
                                     area includes all waters of
                                     Burlington Bay within the following
                                     points (NAD 83):
                                       44[deg] 28'51'' N 073[deg]
                                        13'28'' W.
                                       44[deg] 28'40'' N 073[deg]
                                        13'40'' W.
                                       44[deg] 28'37'' N 073[deg]
                                        13'29'' W.
                                       44[deg] 28'40'' N 073[deg]
                                        13'17'' W.
------------------------------------------------------------------------
8.5 Merritt Brackett Lobster Boat    Event Type: Power Boat
 Races.                              Race.
                                     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 a.m. to 3:00
                                     p.m.
                                     Location: The regulated
                                     area includes all waters of
                                     Pemaquid Harbor, Maine within the
                                     following points (NAD 83):
                                       43[deg] 52'16'' N 069[deg]
                                        32'10'' W.
                                       43[deg] 52'41'' N 069[deg]
                                        31'43'' W.
                                       43[deg] 52'35'' N 069[deg]
                                        31'29'' W.
                                       43[deg] 52'09'' N 069[deg]
                                        31'56'' W.
------------------------------------------------------------------------
8.6 Multiple Sclerosis Regatta....   Event Type: Regatta and
                                     Sailboat 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 a.m. to 4:00
                                     p.m.
                                     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] 40'24'' N 070[deg]
                                        14'20'' W.
                                       43[deg] 40'36'' N 070[deg]
                                        13'56'' W.
                                       43[deg] 39'58'' N 070[deg]
                                        13'21'' W.
                                       43[deg] 39'46'' N 070[deg]
                                        13'51'' W.
------------------------------------------------------------------------
8.7 Multiple Sclerosis Harborfest    Event Type: Power Boat
 Tugboat Race.                       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 a.m. to 3:00
                                     p.m.
                                     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] 40'25'' N 070[deg]
                                        14'21'' W.
                                       43[deg] 40'36'' N 070[deg]
                                        13'56'' W.
                                       43[deg] 39'58'' N 070[deg]
                                        13'21'' W.
                                       43[deg] 39'47'' N 070[deg]
                                        13'51'' W.
------------------------------------------------------------------------
9.0                                 SEPTEMBER
------------------------------------------------------------------------
9.1 Eastport Pirates Festival        Event Type: Power Boat
 Lobster Boat Races.                 Race.
                                     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 a.m. to 6:00
                                     p.m.
                                     Location: The regulated
                                     area includes all waters in the
                                     vicinity of Eastport Harbor, Maine
                                     within the following points (NAD
                                     83):
                                       44[deg] 54'14'' N 066[deg]
                                        58'52'' W.
                                       44[deg] 54'14'' N 068[deg]
                                        58'56'' W.
                                       44[deg] 54'24'' N 066[deg]
                                        58'52'' W.
                                       44[deg] 54'24'' N 066[deg]
                                        58'56'' W.
------------------------------------------------------------------------


[[Page 17537]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read 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.


0
2. 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 the Table to Sec.  165.171. These regulations will 
be enforced for the duration of each event, on or about the dates 
indicated in the 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: http://www.navcen.uscg.gov/. The Sector Northern New 
England Marine Events schedule can also be viewed electronically at: 
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 the 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: http://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] 50'38'' N, 069[deg]
                                        37'57'' W (NAD 83).
------------------------------------------------------------------------
                7.0                                 JULY
------------------------------------------------------------------------
7.1 Burlington Independence Day      Event Type: Firework
 Fireworks.                          Display.
                                     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] 28'31'' N, 073[deg]
                                        13'31'' W (NAD 83).
------------------------------------------------------------------------
7.2 Camden 3rd of July Fireworks..   Event Type: Fireworks
                                     Display.
                                     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] 12'32'' N, 069[deg]
                                        02'58'' W (NAD 83).
------------------------------------------------------------------------
7.3 Bangor 4th of July Fireworks..   Event Type: Fireworks
                                     Display.
                                     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.

[[Page 17538]]

 
                                     Location: In the vicinity
                                     of the Bangor Waterfront, Bangor,
                                     Maine in approximate position:
                                       44[deg] 47'27'' N, 068[deg]
                                        46'31'' W (NAD 83).
------------------------------------------------------------------------
7.4 Bar Harbor 4th of July           Event Type: Fireworks
 Fireworks.                          Display.
                                     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] 23'31'' N, 068[deg]
                                        12'15'' W (NAD 83).
------------------------------------------------------------------------
7.5 Boothbay Harbor 4th of July      Event Type: Fireworks
 Fireworks.                          Display.
                                     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] 50'38'' N, 069[deg]