Special Local Regulations and Safety Zones; Recurring Events in Captain of the Port Boston Zone, 37690-37700 [2011-15784]
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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.
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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:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
SUMMARY:
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Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–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 https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
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To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–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
https://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
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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
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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
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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.
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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
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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.
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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
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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: https://
www.navcen.uscg.gov/. The Sector
Boston Marine Events schedule can also
be viewed electronically at https://
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
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3.0
3.1
MARCH
Hull Snow Row ................................................................................
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• 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.
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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: https://
www.navcen.uscg.gov/. The Sector
Boston Marine Events schedule can also
be viewed electronically at: https://
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: https://
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 ....................................................
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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.
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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.
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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.
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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.
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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.
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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:
https://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]
=======================================================================
-----------------------------------------------------------------------
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: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail 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 https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-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 https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
[[Page 37691]]
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-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 https://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: https://www.navcen.uscg.gov/. The
Sector Boston Marine Events schedule can also be viewed electronically
at https://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: https://www.navcen.uscg.gov/. The Sector Boston Marine Events schedule can also
be viewed electronically at: https://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: https://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
