Special Local Regulations and Safety Zones; Recurring Events in Captain of the Port Boston Zone, 37690-37700 [2011-15784]

Download as PDF 37690 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 73 [Docket Nos. FDA–2011–C–0344 and FDA– 2011–C–0463] CooperVision, Inc.; Filing of Color Additive Petitions AGENCY: Food and Drug Administration, HHS. ACTION: The Food and Drug Administration (FDA) is announcing that CooperVision, Inc., has filed two petitions proposing that the color additive regulations be amended to provide for the safe use of 1,4-bis[4-(2methacryloxyethyl)phenlyamino] anthraquinone (C.I. Reactive Blue 246) and 1,4-bis[(2-hydroxyethyl)amino]9,10-anthracenedione bis(2-methyl-2propenoic)ester (C.I. Reactive Blue 247). The color additives are intended to be copolymerized with various monomers for use as colored contact lens materials. FOR FURTHER INFORMATION CONTACT: Regarding CAP 1C0291: Judith Kidwell, Center for Food Safety and Applied Nutrition (HFS–265), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740–3835, 240–402–1071. Regarding CAP 1C0292: Teresa Croce, Center for Food Safety and Applied Nutrition (HFS–265), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740–3835, 240–402–1281. SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic Act (section 721(d)(1) (21 U.S.C. 379e(d)(1))), notice is given that two color additive petitions (CAP 1C0291, Docket No. FDA–2011–C–0344 and CAP 1C0292, Docket No. FDA–2011–C–0463) have been filed by CooperVision, Inc., 6150 Stoneridge Mall Rd., Suite 370, Pleasanton, CA 94588. The petitions propose to amend the color additive regulations in 21 CFR part 73, subpart D, Medical Devices, to provide for the safe use of 1,4-bis[4-(2methacryloxyethyl)phenstylamino] anthraquinone (C.I. Reactive Blue 246; CAS Reg. No. 121888–69–5) (CAP 1C0291) and 1,4-bis[(2hydroxyethyl)amino]-9,10anthracenedione bis(2-methyl-2propenoic)ester (C.I. Reactive Blue 247; CAS Reg. No. 109561–07–1) (CAP 1C0292). The color additives are intended to be copolymerized with various monomers for use as colored contact lens materials. emcdonald on DSK2BSOYB1PROD with PROPOSALS SUMMARY: 16:26 Jun 27, 2011 Dated: June 20, 2011. Mitchell A. Cheeseman, Acting Director, Office of Food Additive Safety, Center for Food Safety and Applied Nutrition. [FR Doc. 2011–16089 Filed 6–27–11; 8:45 am] Notice of petitions. VerDate Mar<15>2010 The Agency has determined under 21 CFR 25.32(l) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. Jkt 223001 BILLING CODE 4160–01–P Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. If you have questions on this proposed rule, call or e-mail Petty Officer (PO) David Labadie of the Waterways Management Division, U.S. Coast Guard Sector Boston; telephone 617–223–3010, e-mail David.J.Labadie@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket No. USCG–2011–0109] RIN 1625–AA08; AA00 Special Local Regulations and Safety Zones; Recurring Events in Captain of the Port Boston Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend special local regulations (SLR) and to establish permanent safety zones in the Coast Guard Sector Boston Captain of the Port (COTP) Zone for annual recurring marine events. When these SLRs or safety zones are activated, and thus subject to enforcement, this rule would restrict persons and vessels from portions of waterway during annual events listed in TABLES 1 and 2 that pose a hazard to public safety. The revised SLRs and safety zones are proposed to reduce administrative overhead, expedite public notification of events, and to ensure the protection of the maritime public and event participants from the hazards associated with firework displays, boat races, and other marine events. DATES: Comments and related material must be received by the Coast Guard on or before July 28, 2011. Requests for public meetings must be received by the Coast Guard on or before July 5, 2011. ADDRESSES: You may submit comments identified by docket number USCG– 2011–0109 using any one of the following methods: (1) Federal e-Rulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of SUMMARY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2011–0109), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules To submit your comment online, go to http://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2011–0109’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2011– 0109’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. emcdonald on DSK2BSOYB1PROD with PROPOSALS Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. For information on facilities or services for individuals with disabilities VerDate Mar<15>2010 16:26 Jun 27, 2011 Jkt 223001 or to request special assistance at the public meeting, contact PO David Labadie at the telephone number or email address indicated under the FOR FURTHER INFORMATION CONTACT section of this notice. Basis and Purpose The legal basis for the proposed rule is 33 U.S.C. 1226, 1231, 1233; 46 U.S.C. Chapter 454, 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define regulatory safety zones and SLRs. Marine events are annually held on a recurring basis on the navigable waters within the Coast Guard COTP Boston Zone. These events include fireworks displays, swim events, and other marine events. In the past, the Coast Guard has established SLRs, regulated navigation areas, and safety zones for these events on a case by case basis to ensure the protection of the maritime public and event participants from the hazards associated with these marine events. Issuing individual regulations annually has proved to be administratively cumbersome. This proposed rule will significantly relieve administrative overhead and consistently apprise the public in a timely manner through permanent publication in Title 33 of the Code of Federal Regulations. The TABLES in this proposed regulation list each recurring marine event requiring a regulated area as administered by the Coast Guard. By establishing a permanent regulation containing these events, the Coast Guard will eliminate the need to establish temporary rules for events that occur on an annual basis. This provides opportunity for the public to comment while limiting the unnecessary burden of continually establishing temporary rules every year. This rulemaking will amend, remove, and add regulations that better meet the Coast Guard’s intended purpose of ensuring safety during these events. The Coast Guard has also identified a number of events in 33 CFR 100 which would be more appropriately located in 33 CFR 165. This rule will amend local regulations contained in 33 CFR Part 100 to move firework displays to Part 165, a citation that better meets the Coast Guard’s intended purpose of ensuring safety during these events. The Coast Guard has promulgated safety zones or SLRs for these areas in the past, and has not received public comments or concerns regarding the PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 37691 impact to waterway traffic from these annually recurring events. Discussion of Proposed Rule The Coast Guard proposes to revise section 33 CFR 100.114, and to add sections 33 CFR 100.130, and 33 CFR 165.118. The proposed changes will remove nine outdated regulated areas and establish 43 new permanent regulated areas. The proposed rule will apply to each recurring marine event listed in the attached TABLES in the Coast Guard COTP Boston Zone. The TABLES provide the event name, sponsor, and type, as well as approximate dates and locations of the events. Additionally, the specific times, dates, regulated areas, and enforcement period for each event will be provided in a Notice of Enforcement published in the Federal Register and through Local Notice to Mariners (LNM) and Broadcast Notice to Mariners (BNTM) prior to each event. The particular size of the safety zones established for each event will be reevaluated on an annual basis in accordance with Navigational and Vessel Inspection Circular (NVIC) 07– 02, Marine Safety at Firework Displays, the National Fire Protection Association Standard 1123, Code for Fireworks Displays (70-foot distance per inch of diameter of the fireworks mortars), and other pertinent regulations and publications. This proposed regulation would prevent persons and vessels from transiting areas specifically designated as SLRs or safety zones during the periods of enforcement to ensure the protection of the maritime public and event participants from the hazards associated with listed marine events. Only event sponsors, designated participants, and official patrol vessels will be allowed to enter safety zones and SLR areas. Spectators and other vessels not registered as event participants may not enter the regulated areas without the permission of the COTP or the designated representatives. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that E:\FR\FM\28JNP1.SGM 28JNP1 37692 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be minimal. 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 SLR areas for a short duration of time unless otherwise noted; vessels may transit in portions of the affected waterway except for those areas covered by the proposed safety zones; the Coast Guard has promulgated safety zones or SLRs 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 SLRs; notifications will also be made to the local maritime community by LNM and BNTM well in advance of the events. The effect of this proposed action simply establishes locations or the approximate dates on which the existing regulations would be enforced and consolidates them within one regulation. No new or additional restrictions would be imposed on vessel traffic. emcdonald on DSK2BSOYB1PROD with PROPOSALS Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule will affect the following entities, some of which may be small entities: owners or operators of vessels intending to transit, fish, or anchor in the areas where marine events are being held. For the reasons outlined in the Regulatory Planning and Review section above, this rule would not have a significant impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it VerDate Mar<15>2010 16:26 Jun 27, 2011 Jkt 223001 qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact PO David Labadie at the telephone number or email address indicated under the FOR FURTHER INFORMATION CONTACT section of this notice. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). This proposed rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Federalism Energy Effects A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Collection of Information Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS Environment 2. In § 100.114, remove the following entries in the ‘‘Fireworks Display Table’’ (along with the associated ‘‘Massachusetts’’ titles) as follows: 100.114(5.1) including the Table heading for ‘‘MAY’’, 100.114(7.6), 100.114(7.7), 100.114(7.9), 100.114(7.178), 100.114(7.23), 100.114(8.7), 100.114(9.1), 100.114(12.1). 3. Add a new § 100.130 to read as follows: We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves water activities including fireworks displays, swim events, and other marine events. This rule appears to be categorically excluded, under figure 2–1, paragraph (34)(h) of the Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects 33 CFR Part 100 Marine safety, Navigation (water), Reporting and record-keeping requirements, Waterways. 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR Parts 100 and 165 as follows: 1. The authority citation for Part 100 continues to read as follows: Authority: 33 U.S.C. 1233. § 100.130 Special Local Regulations; Recurring Annual Marine Events in Sector Boston Captain of the Port Zone The following regulations apply to the marine events listed in TABLE 1. These regulations will be enforced for the duration of each event, on or about the dates indicated in TABLE 1. 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 provided in a Notice of Enforcement published in the Federal Register and through Local Notice Mariners (LNM) and/or Broadcast Notice to Mariners prior to each event. Mariners should consult the Federal Register or their LNM to remain apprised of minor schedule or event changes. First Coast Guard District LNM can be found at: http:// www.navcen.uscg.gov/. The Sector Boston Marine Events schedule can also be viewed electronically at http:// www.homeport.uscg.mil. Although listed in the Code of Federal Regulations, sponsors of events listed in TABLE 1 are still required to submit a marine event permit application in accordance with 33 CFR 100.15. 37693 (a) The Coast Guard may patrol each event area under the direction of a designated Coast Guard Patrol Commander (PATCOM). PATCOM 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 Boston. (b) Vessels may not transit the regulated areas without PATCOM 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 LNM, unless authorized by an official patrol vessel. (d) PATCOM 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) PATCOM 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. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior. (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, boat parades, and rowing and paddling boat races, vessels not associated with the event shall maintain a separation of at least 50 yards from the participants. TABLE 1 emcdonald on DSK2BSOYB1PROD with PROPOSALS 3.0 3.1 MARCH Hull Snow Row ................................................................................ VerDate Mar<15>2010 16:26 Jun 27, 2011 Jkt 223001 PO 00000 Frm 00016 Fmt 4702 • Event Type: Rowing Regatta. • Sponsor: Hull Lifesaving Museum. • Date: A one-day event on Saturday during the second weekend of March, as specified in the USCG District 1 Local Notice to Mariners. • Time: 12 p.m. to 13 p.m. • Location: All waters of Hingham Bay, between Windmill Point and Sheep’s Island within the following points (NAD 83): 42°18.3′ N, 070°55.8′ W. 42°18.3′ N, 070°55.3′ W. 42°16.6′ N, 070°54.9′ W. Sfmt 4702 E:\FR\FM\28JNP1.SGM 28JNP1 37694 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules TABLE 1—Continued 42°16.6′ N, 070°56.0′ W. 6.0 6.1 JUNE Sea-Doo Regional Championships .................................................. • Event Type: PWC Race. • Sponsor: Toyota. • Date: A two-day event on Saturday and Sunday during the first weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 6:30 a.m. to 5 p.m. daily. • Location: All waters of the Atlantic Ocean near Salisbury Beach, Salisbury, MA, within a 100-yard radius of the race course site located at position 42°51.5′ N, 070°48.5′ W (NAD 83). 8.0 8.1 AUGUST Haverhill River Run .......................................................................... PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 4. 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. 5. Add a new § 165.118 to read as follows: emcdonald on DSK2BSOYB1PROD with PROPOSALS § 165.118 Safety Zones; Recurring Annual Events held in Coast Guard Sector Boston Captain of the Port Zone. The Coast Guard is establishing safety zones for the events listed in TABLE 2 below. These regulations will be enforced for the duration of each event, on or about the dates indicated in TABLE 2. 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 provided in a Notice of Enforcement published in the Federal Register and through Local Notice Mariners (LNM) and/or Broadcast Notice to Mariners prior to each event. Mariners should consult the Federal Register or their LNM to remain • Event Type: Power Boat Race. • Sponsor: Crescent Yacht Club and South Shore Outboard Association. • Date: A two-day event on Saturday and Sunday during the last weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 12 p.m. to 5 p.m. • Location: All waters of the Merrimack River, between the Interstate 495 Highway Bridge, located at position 42°46.1′ N, 071°07.2′ W (NAD 83), and the Haverhill-Groveland SR97/113 Bridge, located at position 42°45.8′ N, 071°02.1′ W (NAD 83). apprised of minor schedule or event changes. First Coast Guard District LNM can be found at: http:// www.navcen.uscg.gov/. The Sector Boston Marine Events schedule can also be viewed electronically at: http:// www.homeport.uscg.mil. Although listed in the Code of Federal Regulations, sponsors of events listed in TABLE 2 are still required to submit a marine event permit 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.’’ 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 Boston. (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 LNM, 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. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior. (f) 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 the LNM at: http:// www.navcen.uscg.gov/. (g) For all swimming events listed, vessels not associated with the event shall maintain a distance of at least 100 yards from the participants. TABLE 2 6.0 6.1 JUNE Sand and Sea Festival Fireworks .................................................... VerDate Mar<15>2010 16:26 Jun 27, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 4702 • Event Type: Fireworks Display Sfmt 4702 E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules 37695 TABLE 2—Continued • Sponsor: Salisbury Beach Partnership, Inc. • Date: A one-night event on Saturday during the last weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 70°48.4′ W (NAD 83). 6.2 St. Peter’s Fiesta Fireworks ............................................................. • Event Type: Fireworks Display. • Sponsor: St. Peters Fiesta. • Date: A one-night event on Saturday during the last weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8 p.m. to 10 p.m. • Location: All waters of Gloucester Harbor, Stage Fort Park, within a 350-yard radius of the fireworks launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 6.3 Surfside Fireworks ........................................................................... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership and Chamber of Commerce. • Date: Every Saturday from June through September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:30 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach, MA, within a 350-yard radius of the fireworks barge located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 6.4 Cohasset Triathlon ........................................................................... • Event Type: Swim. • Sponsor: Bill Burnett. • Date: A one-day event on Sunday during the last weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 08:30 a.m. to 10 a.m. • Location: All waters in the vicinity of Cohasset Harbor around Sandy Beach, within the following points (NAD 83): 42°15.6′ N, 070°48.1′ W. 42°15.5′ N, 070°48.1′ W. 42°15.4′ N, 070°47.9′ W. 42°15.4′ N, 070°47.8′ W. 7.0 JULY City of Lynn 4th of July Celebration Fireworks ............................... • Event Type: Firework Display. • Sponsor: City of Lynn. • Date: July 3rd, as specified in the USCG District 1 Local Notice to Mariners. • Time: 6 p.m. to 11 p.m. • Location: All waters of Nahant Bay, within a 350-yard radius of the fireworks barge located at position 42°27.62′ N, 070°55.58′ W (NAD 83). 7.2 Gloucester July 4th Celebration Fireworks ...................................... • Event Type: Fireworks Display. • Sponsor: The Gloucester Fund. • Date: July 3rd, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10:30 p.m. to 11 p.m. • Location: All waters of Gloucester Harbor, Stage Fort Park, within a 350-yard radius of the fireworks launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 7.3 emcdonald on DSK2BSOYB1PROD with PROPOSALS 7.1 Manchester by the Sea Fireworks ................................................... • Event Type: Fireworks Display. • Sponsor: Manchester Parks and Recreation Department. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 p.m. to 10 p.m. • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site barge located at position 42°35.03′ N, 070°45.52′ W (NAD 83). 7.4 Weymouth 4th of July Celebration Fireworks .................................. • Event Type: Fireworks Display. • Sponsor: Town of Weymouth 4th of July Committee. • Date: Friday or Saturday during the first weekend before July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8 p.m. to 10:30 p.m. VerDate Mar<15>2010 16:26 Jun 27, 2011 Jkt 223001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM 28JNP1 37696 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules TABLE 2—Continued • Location: All waters of Weymouth Fore River, within a 350-yard radius of the fireworks launch site located at position 42°15.5′ N, 070°56.1′ W (NAD 83) Beverly 4th of July Celebration Fireworks ....................................... • Event Type: Fireworks Display. • Sponsor: Beverly Harbormaster. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 11 p.m. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks launch barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83). 7.6 Beverly Farms 4th of July Celebration Fireworks ........................... • Event Type: Fireworks Display. • Sponsor: Farms-Pride 4th of July Committee. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 9:30 p.m. • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site near West Beach located at position 42°33.84′ N, 070°48.5′ W (NAD 83). 7.7 Boston Pops Fireworks .................................................................... • Event Type: Fireworks Display. • Sponsor: Boston 4 Celebrations. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 p.m. to 11 p.m. • Location: All waters of the Charles River within a 350-yard radius of the fireworks barges located in the vicinity of position 42°21.47′ N, 071°05.03′ W (NAD 83). 7.8 City of Salem Fireworks ................................................................... • Event Type: Fireworks Display. • Sponsor: City of Salem. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 10 p.m. • Location: All waters of Salem Harbor, within a 350-yard radius of the fireworks launch site located on Derby Wharf at position 42°31.15′ N, 070°53.13′ W (NAD 83). 7.9 Marblehead 4th of July Fireworks ................................................... • Event Type: Fireworks Display. • Sponsor: Town of Marblehead. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 p.m. to 9:30 p.m. • Location: All waters of Marblehead Harbor within a 350-yard radius of the fireworks launch site located at position 42°30.34′ N, 070°50.13′ W (NAD 83). 7.10 Plymouth 4th of July Fireworks ..................................................... • Event Type: Fireworks Display. • Sponsor: July 4 Plymouth, Inc. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 10 p.m. • Location: All waters of Plymouth Harbor within a 350-yard radius of the fireworks launch site located at position 42°57.3′ N, 070°38.3′ W (NAD 83). 7.11 emcdonald on DSK2BSOYB1PROD with PROPOSALS 7.5 Town of Nahant Fireworks ............................................................. • Event Type: Fireworks Display. • Sponsor: Town of Nahant. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 11 p.m. • Location: All waters of Nahant Harbor within a 350-yard radius of the fireworks launch site on Bailey′ s Hill Park located at position 42°25.1′ N, 070°55.8′ W (NAD 83). 7.12 Town of Revere Fireworks ............................................................. • Event Type: Fireworks Display. • Sponsor: Town of Revere. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 11 p.m. VerDate Mar<15>2010 16:26 Jun 27, 2011 Jkt 223001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules 37697 TABLE 2—Continued • Location: All waters of Broad Sound, within a 350-yard radius of the fireworks launch site located at Revere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83). Yankee Homecoming Fireworks .................................................... • Event Type: Fireworks Display. • Sponsor: Yankee Homecoming. • Date: A one-day event on Saturday during the last weekend of July or first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 10 p.m. • Location: All waters of the Merrimack River, within a 350-yard radius of the fireworks launch site located at position 42°48.97′ N, 070°52.68′ W (NAD 83). 7.14 Hingham 4th of July Fireworks ...................................................... • Event Type: Fireworks Display. • Sponsor: Hingham Lions Club. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8 p.m. to 10 p.m. • Location: All waters within a 350-yard radius of the beach on Button Island located at position 42°15.07′ N, 070°53.03′ W (NAD 83). 7.15 Ipswich Independence Day Celebration Fireworks ....................... • Event Type: Fireworks Display. • Sponsor: Trustees of the Foundation. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 10 p.m. • Location: All waters of Ipswich Bay within a 350-yard radius of the beach located at position 42°41.43′ N, 070°46.49′ W (NAD 83). 7.16 Salisbury Maritime Festival Fireworks ........................................... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership, Inc. • Date: A one-day event on Saturday during the third weekend of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 7.17 Salisbury 4th of July Fireworks ...................................................... • Event Type: Fireworks Display. • Sponsor: Salisbury Chamber of Commerce. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:30 p.m. to 11 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 7.18 Charles River 1-Mile Swim ............................................................ • Event Type: Swim. • Sponsor: Charles River Swimming Club, Inc. • Date: A one-day event held on the second Sunday in July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8 a.m. to 9 a.m. Location: All waters of Charles River between the Longfellow Bridge and the Harvard Bridge within the following points (NAD 83): 42°21.7′ N, 071°04.8′ W. 42°21.7′ N, 071°04.3′ W. 42°22.2′ N, 071°07.3′ W. 42°22.1′ N, 070°07.4′ W. 7.19 emcdonald on DSK2BSOYB1PROD with PROPOSALS 7.13 Swim Across America Boston ....................................................... • Event Type: Swim. • Sponsor: Swim Across America. • Date: A one-day event on Friday during the third week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7 a.m. to 3 p.m. • Location: All waters of Boston Harbor between Rowes Warf and Little Brewster Island within the following points (NAD 83): 42°21.4′ N, 071°03.0′ W. 42°21.5′ N, 071°02.9′ W. 42°19.8′ N, 070°53.6′ W. 42°19.6′ N, 070°53.4′ W. 7.20 Joppa Flats Open Water Mile ........................................................ • Event Type: Swim. • Sponsor: Newburyport YMCA. VerDate Mar<15>2010 16:26 Jun 27, 2011 Jkt 223001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM 28JNP1 37698 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules TABLE 2—Continued • 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: 3 p.m. to 5 p.m. • Location: All waters of the Merrimack River located in the Joppa Flats within the following points (NAD 83): 42°48.6′ N, 070°50.9′ W. 42°48.6′ N, 070°49.4′ W. 42°48.0′ N, 070°49.4′ W. 42°48.0′ N, 070°57.0′ W. 7.21 Swim Across America Nantasket Beach ....................................... • Event Type: Swim. • Sponsor: Swim Across America. • Date: A one-day event on Sunday during the third week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7 a.m. to 9:30 a.m. • Location: All waters of Massachusetts Bay near Nantasket Beach within the following points (NAD 83): 42°16.7′ N, 070°51.9′ W. 42°16.9′ N, 070°51.3′ W. 42°16.3′ N, 070°50.5′ W. 42°16.1′ N, 070°51.0′ W. 8.0 AUGUST Beverly Homecoming Fireworks ...................................................... • Event Type: Fireworks Display. • Sponsor: Beverly Harbormaster. • Date: A one-day event on Sunday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 11 p.m. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83). 8.2 Celebrate Revere Fireworks ............................................................ • Event Type: Fireworks Display. • Sponsor: Town of Revere. • 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: 9 p.m. to 11 p.m. • Location: All waters within a 350-yard radius of the fireworks launch site located at Revere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83). 8.3 Gloucester Fisherman Triathlon ...................................................... • Event Type: Swim. • Sponsor: Gloucester Fisherman Athletic Association. • 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: 7:30 a.m. to 8:30 a.m. • Location: All waters of Western Harbor, within the following points (NAD 83): 42°36.6′ N, 070°40.3′ W. 42°36.5′ N, 070°40.2′ W. 42°36.4′ N, 070°40.7′ W. 42°36.5′ N, 070°40.7′ W. 8.4 emcdonald on DSK2BSOYB1PROD with PROPOSALS 8.1 Urban Epic Triathlon ........................................................................ • Event Type: Swim. • Sponsor: Tri-Maine/Urban Epic Events. • 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 a.m. to 10 a.m. • Location: All waters of Dorchester Bay within the following points (NAD 83): 42°18.9′ N, 071°02.0′ W. 42°18.9′ N, 071°01.8′ W. 42°19.5′ N, 071°01.8′ W. 42°19.8′ N, 071°02.2′ W. 8.5 Celebrate the Clean Harbor Swim ................................................... • Event Type: Swim. • Sponsor: New England Marathon Swimming Association. • 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: 9 a.m. to 12 p.m. • Location: All waters of Gloucester Harbor within the following points (NAD 83): 42°35.3′ N, 070°39.8′ W. 42°35.9′ N, 070°39.2′ W. VerDate Mar<15>2010 16:26 Jun 27, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules 37699 TABLE 2—Continued 42°35.9′ N, 070°39.8′ W. 42°35.3′ N, 070°40.2′ W. 8.6 Boston Light Swim ........................................................................... • Event Type: Swim. • Sponsor: Boston Light Swim. • 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: 8 a.m. to 1 p.m. • Location: All waters of Boston Harbor between the L Street Bath House and Little Brewster Island within the following points (NAD 83): 42°19.7′ N, 071°02.2′ W. 42°19.9′ N, 071°10.7′ W. 42°19.8′ N, 070°53.6′ W. 42°19.6′ N, 070°53.4′ W. 8.7 Sharkfest Swim ................................................................................ • Event Type: Swim. • Sponsor: Enviro-Sports Productions, Inc. • Date: A one-day event on Sunday during the last week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10 a.m. to 12 p.m. • Location: All waters of Old Harbor from near Columbia Point to Carson Beach within the following points (NAD 83): 42°19.1′ N, 071°02.2′ W. 42°19.2′ N, 071°01.9′ W. 42°19.7′ N, 071°02.8′ W. 42°19.4′ N, 071°02.9′ W. 9.0 SEPTEMBER Gloucester Schooner Festival Fireworks ......................................... • Event Type: Fireworks Display. • Sponsor: Stage Fort Park Gloucester. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7 p.m. to 11 p.m. • Location: All waters of Gloucester Harbor within a 350-yard radius of the launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 9.2 Plymouth Yacht Club Celebration Fireworks ................................... • Event Type: Fireworks Display. • Sponsor: Plymouth Yacht Club. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9 p.m. to 11 p.m. • Location: All waters of Plymouth Harbor within a 350-yard radius of the fireworks barge located at position 41°22.3′ N, 070°39.4′ W (NAD 83). 9.3 Somerville Riverfest Fireworks ........................................................ • Event Type: Fireworks Display. • Sponsor: Federal Realty Investment Trust. • Date: A one-day event on Saturday during the last weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:30 p.m. to 10 p.m. • Location: All waters of the Mystic River within a 350-yard radius of the fireworks barge located at position 42°23.9′ N, 071°04.8′ W (NAD 83). 9.4 emcdonald on DSK2BSOYB1PROD with PROPOSALS 9.1 Mayflower Triathlon .......................................................................... • Event Type: Swim. • Sponsor: Fast Forward Race Management. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10 a.m. to 11 a.m. • Location: All waters of Plymouth Inner Harbor within the following points (NAD 83): 41°58.3′ N, 070°40.6′ W. 41°58.7′ N, 070°39.1′ W. 41°56.8′ N, 070°37.8′ W. 41°57.1′ N, 070°39.2′ W. 9.5 Plymouth Rock Triathlon .................................................................. • Event Type: Swim. • Sponsor: Fast Forward Race Management. • Date: A one-day event on Sunday during the first weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7 a.m. to 9:30 a.m. VerDate Mar<15>2010 16:26 Jun 27, 2011 Jkt 223001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM 28JNP1 37700 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules TABLE 2—Continued • Location: All waters of points (NAD 83): 41°58.3′ N, 070°40.6′ 41°58.7′ N, 070°39.1′ 41°56.8′ N, 070°37.8′ 41°57.1′ N, 070°39.2′ 9.6 Duxbury Beach Triathlon ................................................................. Plymouth Inner Harbor within the following W. W. W. W. • Event Type: Swim. • Sponsor: Duxbury Beach Triathlon. • Date: A one-day event on Saturday during the third weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 08:30 a.m. to 09:30 a.m. • Location: All waters of Duxbury Bay on the south side of the Powder Point Bridge within the following points (NAD 83): 42°02.8′ N, 070°39.1′ W. 42°03.0′ N, 070°38.7′ W. 42°02.8′ N, 070°38.6′ W. 42°02.7′ N, 070°39.0′ W. 10.0 10.1 OCTOBER Intercontinental Fireworks .............................................................. • Event Type: Fireworks Display. • Sponsor: Intercontinental Hotel. • Date: A one-day event on Sunday during the last weekend of October, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 p.m. to 10:30 p.m. • Location: All waters of Boston Inner Harbor within a 350-yard radius of the fireworks barge located at position 42°21.2′ N, 071°03′ W (NAD 83). 12.0 12.1 DECEMBER First Night Boston Fireworks ......................................................... Dated: 21 April 2011. John N. Healey, Captain, U.S. Coast Guard, Captain of the Port Boston. Myrtle Beach Triathlon. The Myrtle Beach Triathlon, which is comprised of a series of triathlon races, is scheduled to take place on Saturday, October 8, 2011 and Sunday, October 9, 2011. The temporary safety zone is necessary for the safety of race participants, participant vessels, spectators, and the general public during the swim portions of the triathlon races. Persons and vessels would be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. [FR Doc. 2011–15784 Filed 6–27–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0001] emcdonald on DSK2BSOYB1PROD with PROPOSALS RIN 1625–AA00 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: The Coast Guard proposes to establish a temporary safety zone on the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina during the SUMMARY: VerDate Mar<15>2010 16:26 Jun 27, 2011 Comments and related material must be received by the Coast Guard on or before August 5, 2011. Requests for public meetings must be received by the Coast Guard on or before July 14, 2011. ADDRESSES: You may submit comments identified by docket number USCG– 2011–0001 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. DATES: Safety Zone; Myrtle Beach Triathlon, Atlantic Intracoastal Waterway, Myrtle Beach, SC ACTION: • Event Type: Fireworks Display. • Sponsor: First Night, Inc. • Date: A one-day event on New Year′ s Eve, as specified in the USCG District 1 Local Notice to Mariners. • Time: 11:30 p.m. to 12:30 a.m. • Location: All waters of Boston Inner Harbor within a 350-yard radius of the fireworks barge located at position 42°21.7′ N, 071°02.6′ W (NAD 83). Jkt 223001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. If you have questions on this proposed rule, call or e-mail Chief Warrant Officer Robert B. Wilson, Sector Charleston Office of Waterways Management, Coast Guard; telephone 843–740–3180, e-mail Robert.B.Wilson@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\28JNP1.SGM 28JNP1

Agencies

[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Proposed Rules]
[Pages 37690-37700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15784]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2011-0109]
RIN 1625-AA08; AA00


Special Local Regulations and Safety Zones; Recurring Events in 
Captain of the Port Boston Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

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

DATES: Comments and related material must be received by the Coast 
Guard on or before July 28, 2011.
    Requests for public meetings must be received by the Coast Guard on 
or before July 5, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0109 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Petty Officer (PO) David Labadie of the Waterways 
Management Division, U.S. Coast Guard Sector Boston; telephone 617-223-
3010, e-mail David.J.Labadie@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0109), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.

[[Page 37691]]

    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0109'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0109'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

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

Public Meeting

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

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1226, 1231, 
1233; 46 U.S.C. Chapter 454, 701, 3306, 3703; 50 U.S.C. 191, 195; 
Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
define regulatory safety zones and SLRs.
    Marine events are annually held on a recurring basis on the 
navigable waters within the Coast Guard COTP Boston Zone. These events 
include fireworks displays, swim events, and other marine events. In 
the past, the Coast Guard has established SLRs, regulated navigation 
areas, and safety zones for these events on a case by case basis to 
ensure the protection of the maritime public and event participants 
from the hazards associated with these marine events. Issuing 
individual regulations annually has proved to be administratively 
cumbersome.
    This proposed rule will significantly relieve administrative 
overhead and consistently apprise the public in a timely manner through 
permanent publication in Title 33 of the Code of Federal Regulations. 
The TABLES in this proposed regulation list each recurring marine event 
requiring a regulated area as administered by the Coast Guard.
    By establishing a permanent regulation containing these events, the 
Coast Guard will eliminate the need to establish temporary rules for 
events that occur on an annual basis. This provides opportunity for the 
public to comment while limiting the unnecessary burden of continually 
establishing temporary rules every year.
    This rulemaking will amend, remove, and add regulations that better 
meet the Coast Guard's intended purpose of ensuring safety during these 
events.
    The Coast Guard has also identified a number of events in 33 CFR 
100 which would be more appropriately located in 33 CFR 165. This rule 
will amend local regulations contained in 33 CFR Part 100 to move 
firework displays to Part 165, a citation that better meets the Coast 
Guard's intended purpose of ensuring safety during these events.
    The Coast Guard has promulgated safety zones or SLRs for these 
areas in the past, and has not received public comments or concerns 
regarding the impact to waterway traffic from these annually recurring 
events.

Discussion of Proposed Rule

    The Coast Guard proposes to revise section 33 CFR 100.114, and to 
add sections 33 CFR 100.130, and 33 CFR 165.118. The proposed changes 
will remove nine outdated regulated areas and establish 43 new 
permanent regulated areas. The proposed rule will apply to each 
recurring marine event listed in the attached TABLES in the Coast Guard 
COTP Boston Zone. The TABLES provide the event name, sponsor, and type, 
as well as approximate dates and locations of the events. Additionally, 
the specific times, dates, regulated areas, and enforcement period for 
each event will be provided in a Notice of Enforcement published in the 
Federal Register and through Local Notice to Mariners (LNM) and 
Broadcast Notice to Mariners (BNTM) prior to each event. The particular 
size of the safety zones established for each event will be reevaluated 
on an annual basis in accordance with Navigational and Vessel 
Inspection Circular (NVIC) 07-02, Marine Safety at Firework Displays, 
the National Fire Protection Association Standard 1123, Code for 
Fireworks Displays (70-foot distance per inch of diameter of the 
fireworks mortars), and other pertinent regulations and publications.
    This proposed regulation would prevent persons and vessels from 
transiting areas specifically designated as SLRs or safety zones during 
the periods of enforcement to ensure the protection of the maritime 
public and event participants from the hazards associated with listed 
marine events. Only event sponsors, designated participants, and 
official patrol vessels will be allowed to enter safety zones and SLR 
areas. Spectators and other vessels not registered as event 
participants may not enter the regulated areas without the permission 
of the COTP or the designated representatives.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that

[[Page 37692]]

Order. The Office of Management and Budget has not reviewed it under 
that Order.
    We expect the economic impact of this proposed rule to be minimal. 
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 SLR areas for a short 
duration of time unless otherwise noted; vessels may transit in 
portions of the affected waterway except for those areas covered by the 
proposed safety zones; the Coast Guard has promulgated safety zones or 
SLRs 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 SLRs; notifications will also be made to the 
local maritime community by LNM and BNTM well in advance of the events.
    The effect of this proposed action simply establishes locations or 
the approximate dates on which the existing regulations would be 
enforced and consolidates them within one regulation. No new or 
additional restrictions would be imposed on vessel traffic.

Small Entities

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

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

    This proposed rule would not 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have Tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.

Energy Effects

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or

[[Page 37693]]

adopted by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment.
    A preliminary environmental analysis checklist supporting this 
determination is available in the docket where indicated under 
ADDRESSES. This proposed rule involves water activities including 
fireworks displays, swim events, and other marine events. This rule 
appears to be categorically excluded, under figure 2-1, paragraph 
(34)(h) of the Instruction.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record-keeping 
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. In Sec.   100.114, remove the following entries in the 
``Fireworks Display Table'' (along with the associated 
``Massachusetts'' titles) as follows: 100.114(5.1) including the Table 
heading for ``MAY'', 100.114(7.6), 100.114(7.7), 100.114(7.9), 
100.114(7.178), 100.114(7.23), 100.114(8.7), 100.114(9.1), 
100.114(12.1).
    3. Add a new Sec.  100.130 to read as follows:


Sec.  100.130  Special Local Regulations; Recurring Annual Marine 
Events in Sector Boston Captain of the Port Zone

    The following regulations apply to the marine events listed in 
TABLE 1. These regulations will be enforced for the duration of each 
event, on or about the dates indicated in TABLE 1. 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 provided in a 
Notice of Enforcement published in the Federal Register and through 
Local Notice Mariners (LNM) and/or Broadcast Notice to Mariners prior 
to each event. Mariners should consult the Federal Register or their 
LNM to remain apprised of minor schedule or event changes. First Coast 
Guard District LNM can be found at: http://www.navcen.uscg.gov/. The 
Sector Boston Marine Events schedule can also be viewed electronically 
at http://www.homeport.uscg.mil. Although listed in the Code of Federal 
Regulations, sponsors of events listed in TABLE 1 are still required to 
submit a marine event permit application 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 (PATCOM). PATCOM 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 Boston.
    (b) Vessels may not transit the regulated areas without PATCOM 
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 LNM, unless authorized by an official patrol 
vessel.
    (d) PATCOM 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) PATCOM 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. Such action may be justified as a result of weather, traffic 
density, spectator operation or participant behavior.
    (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, boat parades, and rowing and paddling boat 
races, vessels not associated with the event shall maintain a 
separation of at least 50 yards from the participants.

                                 Table 1
------------------------------------------------------------------------
 
------------------------------------------------------------------------
3.0                                                   MARCH
------------------------------------------------------------------------
3.1 Hull Snow Row......................   Event Type: Rowing
                                          Regatta.
                                          Sponsor: Hull
                                          Lifesaving Museum.
                                          Date: A one-day event
                                          on Saturday during the second
                                          weekend of March, as specified
                                          in the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 12 p.m. to 13
                                          p.m.
                                          Location: All waters
                                          of Hingham Bay, between
                                          Windmill Point and Sheep's
                                          Island within the following
                                          points (NAD 83):
                                            42[deg]18.3' N,
                                             070[deg]55.8' W.
                                            42[deg]18.3' N,
                                             070[deg]55.3' W.
                                            42[deg]16.6' N,
                                             070[deg]54.9' W.

[[Page 37694]]

 
                                            42[deg]16.6' N,
                                             070[deg]56.0' W.
------------------------------------------------------------------------
6.0                                                    JUNE
------------------------------------------------------------------------
6.1 Sea-Doo Regional Championships.....   Event Type: PWC Race.
                                          Sponsor: Toyota.
                                          Date: A two-day event
                                          on Saturday and Sunday during
                                          the first weekend of June, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 6:30 a.m. to 5
                                          p.m. daily.
                                          Location: All waters
                                          of the Atlantic Ocean near
                                          Salisbury Beach, Salisbury,
                                          MA, within a 100-yard radius
                                          of the race course site
                                          located at position
                                          42[deg]51.5' N, 070[deg]48.5'
                                          W (NAD 83).
------------------------------------------------------------------------
8.0                                                   AUGUST
------------------------------------------------------------------------
8.1 Haverhill River Run................   Event Type: Power Boat
                                          Race.
                                          Sponsor: Crescent
                                          Yacht Club and South Shore
                                          Outboard Association.
                                          Date: A two-day event
                                          on Saturday and Sunday during
                                          the last weekend of August, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 12 p.m. to 5
                                          p.m.
                                          Location: All waters
                                          of the Merrimack River,
                                          between the Interstate 495
                                          Highway Bridge, located at
                                          position 42[deg]46.1' N,
                                          071[deg]07.2' W (NAD 83), and
                                          the Haverhill-Groveland SR97/
                                          113 Bridge, located at
                                          position 42[deg]45.8' N,
                                          071[deg]02.1' W (NAD 83).
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    4. 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.

    5. Add a new Sec.  165.118 to read as follows:


Sec.  165.118  Safety Zones; Recurring Annual Events held in Coast 
Guard Sector Boston Captain of the Port Zone.

    The Coast Guard is establishing safety zones for the events listed 
in TABLE 2 below. These regulations will be enforced for the duration 
of each event, on or about the dates indicated in TABLE 2. 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 
provided in a Notice of Enforcement published in the Federal Register 
and through Local Notice Mariners (LNM) and/or Broadcast Notice to 
Mariners prior to each event. Mariners should consult the Federal 
Register or their LNM to remain apprised of minor schedule or event 
changes. First Coast Guard District LNM can be found at: http://www.navcen.uscg.gov/. The Sector Boston Marine Events schedule can also 
be viewed electronically at: http://www.homeport.uscg.mil. Although 
listed in the Code of Federal Regulations, sponsors of events listed in 
TABLE 2 are still required to submit a marine event permit 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.'' 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 Boston.
    (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 LNM, 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. Such action may be justified as a result of weather, 
traffic density, spectator operation or participant behavior.
    (f) 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 
the LNM at: http://www.navcen.uscg.gov/.
    (g) For all swimming events listed, vessels not associated with the 
event shall maintain a distance of at least 100 yards from the 
participants.

                                 Table 2
------------------------------------------------------------------------
 
------------------------------------------------------------------------
6.0                                                    JUNE
------------------------------------------------------------------------
6.1 Sand and Sea Festival Fireworks....   Event Type: Fireworks
                                          Display

[[Page 37695]]

 
                                          Sponsor: Salisbury
                                          Beach Partnership, Inc.
                                          Date: A one-night
                                          event on Saturday during the
                                          last weekend of June, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 10 p.m. to 10:30
                                          p.m.
                                          Location: All waters
                                          of the Atlantic Ocean near
                                          Salisbury Beach within a 350-
                                          yard radius of the fireworks
                                          launch site located at
                                          position 42[deg]50.6' N,
                                          70[deg]48.4' W (NAD 83).
------------------------------------------------------------------------
6.2 St. Peter's Fiesta Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: St. Peters
                                          Fiesta.
                                          Date: A one-night
                                          event on Saturday during the
                                          last weekend of June, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8 p.m. to 10
                                          p.m.
                                          Location: All waters
                                          of Gloucester Harbor, Stage
                                          Fort Park, within a 350-yard
                                          radius of the fireworks launch
                                          site on the beach located at
                                          position 42[deg]36.3' N,
                                          070[deg]40.5' W (NAD 83).
------------------------------------------------------------------------
6.3 Surfside Fireworks.................   Event Type: Fireworks
                                          Display.
                                          Sponsor: Salisbury
                                          Beach Partnership and Chamber
                                          of Commerce.
                                          Date: Every Saturday
                                          from June through September,
                                          as specified in the USCG
                                          District 1 Local Notice to
                                          Mariners.
                                          Time: 9:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of the Atlantic Ocean near
                                          Salisbury Beach, MA, within a
                                          350-yard radius of the
                                          fireworks barge located at
                                          position 42[deg]50.6' N,
                                          070[deg]48.4' W (NAD 83).
------------------------------------------------------------------------
6.4 Cohasset Triathlon.................   Event Type: Swim.
                                          Sponsor: Bill Burnett.
                                          Date: A one-day event
                                          on Sunday during the last
                                          weekend of June, as specified
                                          in the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 08:30 a.m. to 10
                                          a.m.
                                          Location: All waters
                                          in the vicinity of Cohasset
                                          Harbor around Sandy Beach,
                                          within the following points
                                          (NAD 83):
                                            42[deg]15.6' N,
                                             070[deg]48.1' W.
                                            42[deg]15.5' N,
                                             070[deg]48.1' W.
                                            42[deg]15.4' N,
                                             070[deg]47.9' W.
                                            42[deg]15.4' N,
                                             070[deg]47.8' W.
------------------------------------------------------------------------
7.0                                                    JULY
------------------------------------------------------------------------
7.1 City of Lynn 4th of July              Event Type: Firework
 Celebration Fireworks.                   Display.
                                          Sponsor: City of Lynn.
                                          Date: July 3rd, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 6 p.m. to 11
                                          p.m.
                                          Location: All waters
                                          of Nahant Bay, within a 350-
                                          yard radius of the fireworks
                                          barge located at position
                                          42[deg]27.62' N,
                                          070[deg]55.58' W (NAD 83).
------------------------------------------------------------------------
7.2 Gloucester July 4th Celebration       Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: The
                                          Gloucester Fund.
                                          Date: July 3rd, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 10:30 p.m. to 11
                                          p.m.
                                          Location: All waters
                                          of Gloucester Harbor, Stage
                                          Fort Park, within a 350-yard
                                          radius of the fireworks launch
                                          site on the beach located at
                                          position 42[deg]36.3' N,
                                          070[deg]40.5' W (NAD 83).
------------------------------------------------------------------------
7.3 Manchester by the Sea Fireworks....   Event Type: Fireworks
                                          Display.
                                          Sponsor: Manchester
                                          Parks and Recreation
                                          Department.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:30 p.m. to 10
                                          p.m.
                                          Location: All waters
                                          of Manchester Bay within a 350-
                                          yard radius of the fireworks
                                          launch site barge located at
                                          position 42[deg]35.03' N,
                                          070[deg]45.52' W (NAD 83).
------------------------------------------------------------------------
7.4 Weymouth 4th of July Celebration      Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Town of
                                          Weymouth 4th of July
                                          Committee.
                                          Date: Friday or
                                          Saturday during the first
                                          weekend before July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8 p.m. to 10:30
                                          p.m.

[[Page 37696]]

 
                                          Location: All waters
                                          of Weymouth Fore River, within
                                          a 350-yard radius of the
                                          fireworks launch site located
                                          at position 42[deg]15.5' N,
                                          070[deg]56.1' W (NAD 83)
------------------------------------------------------------------------
7.5 Beverly 4th of July Celebration       Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Beverly
                                          Harbormaster.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: All waters
                                          of Beverly Harbor within a 350-
                                          yard radius of the fireworks
                                          launch barge located at
                                          position 42[deg]32.62' N,
                                          070[deg]52.15' W (NAD 83).
------------------------------------------------------------------------
7.6 Beverly Farms 4th of July             Event Type: Fireworks
 Celebration Fireworks.                   Display.
                                          Sponsor: Farms-Pride
                                          4th of July Committee.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9 p.m. to 9:30
                                          p.m.
                                          Location: All waters
                                          of Manchester Bay within a 350-
                                          yard radius of the fireworks
                                          launch site near West Beach
                                          located at position
                                          42[deg]33.84' N, 070[deg]48.5'
                                          W (NAD 83).
------------------------------------------------------------------------
7.7 Boston Pops Fireworks..............   Event Type: Fireworks
                                          Display.
                                          Sponsor: Boston 4
                                          Celebrations.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:30 p.m. to 11
                                          p.m.
                                          Location: All waters
                                          of the Charles River within a
                                          350-yard radius of the
                                          fireworks barges located in
                                          the vicinity of position
                                          42[deg]21.47' N,
                                          071[deg]05.03' W (NAD 83).
------------------------------------------------------------------------
7.8 City of Salem Fireworks............   Event Type: Fireworks
                                          Display.
                                          Sponsor: City of
                                          Salem.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9 p.m. to 10
                                          p.m.
                                          Location: All waters
                                          of Salem Harbor, within a 350-
                                          yard radius of the fireworks
                                          launch site located on Derby
                                          Wharf at position
                                          42[deg]31.15' N,
                                          070[deg]53.13' W (NAD 83).
------------------------------------------------------------------------
7.9 Marblehead 4th of July Fireworks...   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Marblehead.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:30 p.m. to
                                          9:30 p.m.
                                          Location: All waters
                                          of Marblehead Harbor within a
                                          350-yard radius of the
                                          fireworks launch site located
                                          at position 42[deg]30.34' N,
                                          070[deg]50.13' W (NAD 83).
------------------------------------------------------------------------
7.10 Plymouth 4th of July Fireworks....   Event Type: Fireworks
                                          Display.
                                          Sponsor: July 4
                                          Plymouth, Inc.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9 p.m. to 10
                                          p.m.
                                          Location: All waters
                                          of Plymouth Harbor within a
                                          350-yard radius of the
                                          fireworks launch site located
                                          at position 42[deg]57.3' N,
                                          070[deg]38.3' W (NAD 83).
------------------------------------------------------------------------
7.11 Town of Nahant Fireworks..........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Nahant.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: All waters
                                          of Nahant Harbor within a 350-
                                          yard radius of the fireworks
                                          launch site on Bailey' s Hill
                                          Park located at position
                                          42[deg]25.1' N, 070[deg]55.8'
                                          W (NAD 83).
------------------------------------------------------------------------
7.12 Town of Revere Fireworks..........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Revere.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9 p.m. to 11
                                          p.m.

[[Page 37697]]

 
                                          Location: All waters
                                          of Broad Sound, within a 350-
                                          yard radius of the fireworks
                                          launch site located at Revere
                                          Beach at position 42[deg]24.5'
                                          N, 070[deg]59.47' W (NAD 83).
------------------------------------------------------------------------
7.13 Yankee Homecoming Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Yankee
                                          Homecoming.
                                          Date: A one-day event
                                          on Saturday during the last
                                          weekend of July or first
                                          weekend of August, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9 p.m. to 10
                                          p.m.
                                          Location: All waters
                                          of the Merrimack River, within
                                          a 350-yard radius of the
                                          fireworks launch site located
                                          at position 42[deg]48.97' N,
                                          070[deg]52.68' W (NAD 83).
------------------------------------------------------------------------
7.14 Hingham 4th of July Fireworks.....   Event Type: Fireworks
                                          Display.
                                          Sponsor: Hingham Lions
                                          Club.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8 p.m. to 10
                                          p.m.
                                          Location: All waters
                                          within a 350-yard radius of
                                          the beach on Button Island
                                          located at position
                                          42[deg]15.07' N,
                                          070[deg]53.03' W (NAD 83).
------------------------------------------------------------------------
7.15 Ipswich Independence Day             Event Type: Fireworks
 Celebration Fireworks.                   Display.
                                          Sponsor: Trustees of
                                          the Foundation.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9 p.m. to 10
                                          p.m.
                                          Location: All waters
                                          of Ipswich Bay within a 350-
                                          yard radius of the beach
                                          located at position
                                          42[deg]41.43' N,
                                          070[deg]46.49' W (NAD 83).
------------------------------------------------------------------------
7.16 Salisbury Maritime Festival          Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Salisbury
                                          Beach Partnership, Inc.
                                          Date: A one-day event
                                          on Saturday during the third
                                          weekend of July, as specified
                                          in the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 10 p.m. to 10:30
                                          p.m.
                                          Location: All waters
                                          of the Atlantic Ocean near
                                          Salisbury Beach within a 350-
                                          yard radius of the fireworks
                                          launch site located at
                                          position 42[deg]50.6' N,
                                          070[deg]48.4' W (NAD 83).
------------------------------------------------------------------------
7.17 Salisbury 4th of July Fireworks...   Event Type: Fireworks
                                          Display.
                                          Sponsor: Salisbury
                                          Chamber of Commerce.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:30 p.m. to 11
                                          p.m.
                                          Location: All waters
                                          of the Atlantic Ocean near
                                          Salisbury Beach within a 350-
                                          yard radius of the fireworks
                                          launch site located at
                                          position 42[deg]50.6' N,
                                          070[deg]48.4' W (NAD 83).
------------------------------------------------------------------------
7.18 Charles River 1-Mile Swim.........   Event Type: Swim.
                                          Sponsor: Charles River
                                          Swimming Club, Inc.
                                          Date: A one-day event
                                          held on the second Sunday in
                                          July, as specified in the USCG
                                          District 1 Local Notice to
                                          Mariners.
                                          Time: 8 a.m. to 9 a.m.
                                         Location: All waters of Charles
                                          River between the Longfellow
                                          Bridge and the Harvard Bridge
                                          within the following points
                                          (NAD 83):
                                            42[deg]21.7' N,
                                             071[deg]04.8' W.
                                            42[deg]21.7' N,
                                             071[deg]04.3' W.
                                            42[deg]22.2' N,
                                             071[deg]07.3' W.
                                            42[deg]22.1' N,
                                             070[deg]07.4' W.
------------------------------------------------------------------------
7.19 Swim Across America Boston........   Event Type: Swim.
                                          Sponsor: Swim Across
                                          America.
                                          Date: A one-day event
                                          on Friday during the third
                                          week of July, as specified in
                                          the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 7 a.m. to 3 p.m.
                                          Location: All waters
                                          of Boston Harbor between Rowes
                                          Warf and Little Brewster
                                          Island within the following
                                          points (NAD 83):
                                            42[deg]21.4' N,
                                             071[deg]03.0' W.
                                            42[deg]21.5' N,
                                             071[deg]02.9' W.
                                            42[deg]19.8' N,
                                             070[deg]53.6' W.
                                            42[deg]19.6' N,
                                             070[deg]53.4' W.
------------------------------------------------------------------------
7.20 Joppa Flats Open Water Mile.......   Event Type: Swim.
                                          Sponsor: Newburyport
                                          YMCA.

[[Page 37698]]

 
                                          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: 3 p.m. to 5 p.m.
                                          Location: All waters
                                          of the Merrimack River located
                                          in the Joppa Flats within the
                                          following points (NAD 83):
                                            42[deg]48.6' N,
                                             070[deg]50.9' W.
                                            42[deg]48.6' N,
                                             070[deg]49.4' W.
                                            42[deg]48.0' N,
                                             070[deg]49.4' W.
                                            42[deg]48.0' N,
                                             070[deg]57.0' W.
------------------------------------------------------------------------
7.21 Swim Across America Nantasket        Event Type: Swim.
 Beach.
                                          Sponsor: Swim Across
                                          America.
                                          Date: A one-day event
                                          on Sunday during the third
                                          week of July, as specified in
                                          the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 7 a.m. to 9:30
                                          a.m.
                                          Location: All waters
                                          of Massachusetts Bay near
                                          Nantasket Beach within the
                                          following points (NAD 83):
                                            42[deg]16.7' N,
                                             070[deg]51.9' W.
                                            42[deg]16.9' N,
                                             070[deg]51.3' W.
                                            42[deg]16.3' N,
                                             070[deg]50.5' W.
                                            42[deg]16.1' N,
                                             070[deg]51.0' W.
------------------------------------------------------------------------
8.0                                                   AUGUST
------------------------------------------------------------------------
8.1 Beverly Homecoming Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Beverly
                                          Harbormaster.
                                          Date: A one-day event
                                          on Sunday during the first
                                          weekend of August, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: All waters
                                          of Beverly Harbor within a 350-
                                          yard radius of the fireworks
                                          barge located at position
                                          42[deg]32.62' N,
                                          070[deg]52.15' W (NAD 83).
------------------------------------------------------------------------
8.2 Celebrate Revere Fireworks.........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Revere.
                                          Da