Special Local Regulations and Safety Zones; Recurring Events in Northern New England, 23601-23615 [2012-9519]
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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves implementation of regulations
within 33 CFR part 100 applicable to
organized marine events on the
navigable waters of the United States
that could negatively impact the safety
of waterway users and shore side
activities in the event area. The category
of water activities includes but is not
limited to sail boat regattas, boat
parades, power boat racing, swimming
events, crew racing, canoe and sail
board racing. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
38°21′50″ N, longitude 077°00′54″ W,
and from latitude 38°21′29″ N, longitude
077°00′54″ W to latitude 38°21′45″ N,
longitude 076°58′59″ W. All coordinates
reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(c) Special local regulations. (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel or person
in the regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(2) All Coast Guard vessels enforcing
this regulated area can be contacted at
telephone number 410–576–2693 or on
marine band radio VHF–FM channel 16
(156.8 MHz).
(3) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period. This section
will be enforced from 10 a.m. to
2:30 p.m. on June 2, 2012.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard temporarily
amends 33 CFR part 100 as follows:
Dated: March 30, 2012.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 100
continues to read as follows:
Coast Guard
■
[FR Doc. 2012–9518 Filed 4–19–12; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Parts 100 and 165
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.35T05–1176
to read as follows:
[Docket No. USCG–2011–1023]
§ 100.35T05–1176 Special Local
Regulations for Marine Events; Potomac
River, Charles County, MD.
Special Local Regulations and Safety
Zones; Recurring Events in Northern
New England
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■
(a) Regulated area. The following
location is a regulated area: All waters
of the Potomac River, within lines
connecting the following positions:
From latitude 38°22′05″ N, longitude
076°59′03″ W, thence to latitude
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RIN 1625–AA08; AA00
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is updating
special local regulations and permanent
SUMMARY:
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23601
safety zones in the Coast Guard Captain
of the Port (COTP) Northern New
England Zone for annual recurring
marine events. When these special local
regulations or safety zones are activated,
and subject to enforcement, this rule
will restrict vessels from portions of
water areas during these annual
recurring events. The revised special
local regulations and safety zones will
expedite public notification of events,
and ensure the protection of the
maritime public and event participants
from the hazards associated with these
annual recurring events.
DATES: This rule is effective May 21,
2012.
This rule will be enforced during
dates and times specified in the Tables
to §§ 100.120 and 165.171.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–1023 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–1023 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Terence
Leahy, Waterways Management
Division at Coast Guard Sector Northern
New England, telephone 207–767–0398,
email Terence.O.Leahy@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On Tuesday, December 27, 2011, the
Coast Guard published a notice of
proposed rulemaking (NPRM) entitled
‘‘Special Local Regulations and Safety
Zones; Recurring Events in Northern
New England’’ in the Federal Register
(Vol. 76 No. 248). We received no
comments or requests for a public
meeting on the proposed rule.
Basis and Purpose
The legal basis for this rule is the Port
and Waterways Safety Act, 33 U.S.C.
1226 and 1231, 33 U.S.C. 1233; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, and
160.5; Public Law 107–295, 116 Stat.
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2064; and Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define regulatory safety zones and
special local regulations.
Swim events, fireworks displays, and
marine events are held on an annual
recurring basis on the navigable waters
within the Coast Guard COTP Northern
New England Zone. In the past, the
Coast Guard has established special
local regulations, regulated areas and
safety zones for these annual recurring
events on a case by case basis to ensure
the protection of the maritime public
and event participants from the hazards
associated with these events. The Coast
Guard has not received public
comments or concerns regarding the
impact to waterway traffic from these
annually recurring events.
This rule consistently apprises the
public in a timely manner through
permanent publication in Title 33 of the
Code of Federal Regulations. The Tables
in this regulation list each annual
recurring event requiring a regulated
area as administered by the Coast
Guard.
By establishing a permanent
regulation containing these events, the
Coast Guard eliminates the need to
establish temporary rules for events that
occur on an annual basis thereby,
limiting the costs associated with
cumulative regulations.
This rulemaking will remove, add,
and consolidate regulations that better
meet the Coast Guard’s intended
purpose of ensuring safety during these
events.
Background
The Coast Guard is amending 33 CFR
100.120 (Special Local Regulations) and
33 CFR 165.171 (Safety Zones).
The rule applies to the annual
recurring events listed in the attached
Tables in the Coast Guard COTP
Northern New England Zone. The
Tables provide the event name, sponsor,
and type, as well as approximate dates
and locations of the events. The specific
times, dates, regulated areas, and
enforcement period for each event will
be provided through the Local Notice to
Mariners, Broadcast Notice to Mariners
or through a Notice of Enforcement
published in the Federal Register.
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 (100-foot distance per inch of
diameter of the fireworks mortars), and
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other pertinent regulations and
publications.
This regulation prevents vessels from
transiting areas specifically designated
as special local regulations or safety
zones during the periods of enforcement
to ensure the protection of the maritime
public and event participants from the
hazards associated with the listed
annual recurring events. Only event
sponsors, designated participants, and
official patrol vessels are allowed to
enter regulated 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 representative.
Discussion of Comments
The Coast Guard did not receive any
comments in response to the NPRM
published in the Federal Register (Vol.
76, No. 248) on Tuesday, December 27,
2011. The Coast Guard made changes to
the regulatory text in the final rule with
regards to the date section for each
event. This change was made so as not
to give the impression that the Coast
Guard is requiring mariners to check a
Local Notice of Mariners for the date of
each event. The Coast Guard will now
publish a Notice of Enforcement of the
event date in the Federal Register to
inform the public of the exact date.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This 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, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
We expect the economic impact of
this rule to be minimal. Although this
regulation may have some impact on the
public, the potential impact will be
minimized for the following reasons:
The Coast Guard has previously
promulgated safety zones or special
local regulations in accordance with 33
CFR Parts 100 and 165 for
approximately 85% of the event areas
contained within this regulation and has
not received notice of any negative
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impact caused by any of the safety zones
or special local regulations. By
establishing a permanent regulation
containing all of these events, the Coast
Guard will eliminate the need to
establish individual temporary rules for
each separate event that occurs on an
annual basis, thereby limiting the cost of
cumulative regulations.
Vessels will only be restricted from
safety zones and special local regulation
areas for a short duration of time.
Vessels may transit in portions of the
affected waterway except for those areas
covered by the regulated areas.
Notifications will also be made to the
local maritime community through the
Local Notice to Mariners and Broadcast
Notice to Mariners well in advance of
the events. If the event does not have a
date listed, then the exact dates and
times of the enforcement period will be
announced through a Notice of
Enforcement in the Federal Register. No
new or additional restrictions will be
imposed on vessel traffic.
Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: Owners or operators of vessels
intending to transit, fish, or anchor in
the areas where the listed annual
recurring events are being held.
The rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: Vessels will only be
restricted from safety zones and special
local regulation areas for a short
duration of time; vessels may transit in
portions of the affected waterway except
for those areas covered by the regulated
areas; the Coast Guard has promulgated
safety zones or special local regulations
in accordance with 33 CFR Parts 100
and 165 for approximately 85% of the
event areas in the past and has not
received notice of any negative impact
caused by any of the safety zones or
special local regulations; and
notifications will be made to the local
maritime community through the Local
Notice to Mariners and Broadcast Notice
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to Mariners well in advance of the
events. If the event does not have a date
listed, then exact dates and times of the
enforcement period will be announced
through a Notice of Enforcement in the
Federal Register. No new or additional
restrictions will be imposed on vessel
traffic.
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 rule so that they can
better evaluate its effects on them and
participate in the rulemaking. If the rule
affects your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT. The Coast Guard will not
retaliate against small entities that
question or complain about this rule or
any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
23603
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraphs
(34)(g) and (34)(h) of the Instruction
since it involves establishment of safety
zones for marine related fireworks
events and special local regulations for
regattas, respectively. An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
List of Subjects
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
33 CFR Part 100
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends
33 CFR Parts 100 and 165 as follows:
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
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Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
reads as follows:
■
Authority: 33 U.S.C. 1233.
■
2. Revise § 100.120 to read as follows:
§ 100.120 Special Local Regulations;
Marine Events Held in the Coast Guard
Sector Northern New England Captain of
the Port Zone.
The following regulations apply to the
marine events listed in the Table to
§ 100.120. These regulations will be
enforced for the duration of each event,
on the dates indicated. Mariners should
consult their Local Notice to Mariners to
remain apprised of the specific calendar
date upon which the listed event falls
for each calendar year and other specific
information concerning the event. First
Coast Guard District Local Notice to
Mariners can be found at: https://
www.navcen.uscg.gov/. The Sector
Northern New England Marine Events
schedule can also be viewed
electronically at
www.homeport.uscg.mil.
Note to introductory text of § 100.20:
Although listed in the Code of Federal
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Regulations, sponsors of events listed in
the Table to § 100.120 are still required
to submit marine event applications in
accordance with 33 CFR 100.15.
(a) The Coast Guard may patrol each
event area under the direction of a
designated Coast Guard Patrol
Commander. The Patrol Commander
may be contacted on Channel 16 VHF–
FM (156.8 MHz) by the call sign
‘‘PATCOM.’’ Official patrol vessels may
consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law
enforcement vessels assigned or
approved by the Captain of the Port,
Sector Northern New England.
(b) Vessels may not transit the
regulated areas without the Patrol
Commander approval. Vessels permitted
to transit must operate at a no wake
speed, in a manner which will not
endanger participants or other crafts in
the event.
(c) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times,
unless authorized by an official patrol
vessel.
(d) The Patrol Commander may
control the movement of all vessels in
the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the lawful directions
issued. Failure to comply with a lawful
direction may result in expulsion from
the area, citation for failure to comply,
or both.
(e) The Patrol Commander may delay
or terminate any marine event in this
subpart at any time it is deemed
necessary to ensure the safety of life or
property.
(f) For all power boat races listed,
vessels operating within the regulated
area must be at anchor within a
designated spectator area or moored to
a waterfront facility in a way that will
not interfere with the progress of the
event.
(g) For all regattas and boat parades
listed, spectator vessels operating
within the regulated area shall maintain
a separation of at least 50 yards from the
participants.
(h) For all rowing and paddling boat
races listed, vessels not associated with
the event shall maintain a separation of
at least 50 yards from the participants.
(i) The specific calendar date upon
which the listed event falls will be
published in the Federal Register.
TABLE TO § 100.120
5.0
MAY
5.1
Champlain Bridge Celebration Flotilla Parade ................................
• Event Type: Regatta and Boat Parade.
• Sponsor: Lake Champlain Maritime Museum.
• Date: A two day event on Saturday and Sunday during the third
weekend in May. The specific calendar dates will be published in the
Federal Register via a Notice of Enforcement.
• Time: 12 p.m. to 2 p.m. each day.
• Location: The regulated area includes all waters of Lake Champlain
in the vicinity of the new bridge between Crown Point, New York and
Chimney Point, Vermont within the following points (NAD 83):
44°02′29″ N, 073°26′26″ W.
44°02′38″ N, 073°25′58″ W.
44°01′18″ N, 073°24′08″ W.
44°01′04″ N, 073°24′31″ W.
5.2
Tall Ships Visiting Portsmouth .........................................................
• Event Type: Regatta and Boat Parade.
• Sponsor: Portsmouth Maritime Commission, Inc.
• Date: A four day event from Friday through Monday during the last
weekend in May. The specific calendar dates will be published in the
Federal Register via a Notice of Enforcement.
• Time: 9 a.m. to 8 p.m. each day.
• Location: The regulated area includes all waters of Portsmouth Harbor, New Hampshire in the vicinity of Castle Island within the following points (NAD 83):
43°03′11″ N, 070°42′26″ W.
43°03′18″ N, 070°41′51″ W.
43°04′42″ N, 070°42′11″ W.
43°04′28″ N, 070°44′12″ W.
43°05′36″ N, 070°45′56″ W.
43°05′29″ N, 070°46′09″ W.
43°04′19″ N, 070°44′16″ W.
43°04′22″ N, 070°42′33″ W.
6.0
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6.1
JUNE
Bar Harbor Blessing of the Fleet .....................................................
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• Event Type: Regatta and Boat Parade.
• Sponsor: Town of Bar Harbor, Maine.
• Date: A one day event on Sunday during the first weekend of June.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 12 p.m. to 1 p.m.
• Location: The regulated area includes all waters of Bar Harbor,
Maine within the following points (NAD 83):
44°23′32″ N, 068°12′19″ W.
44°23′30″ N, 068°12′00″ W.
44°23′37″ N, 068°12′00″ W.
44°23′35″ N, 068°12′19″ W.
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TABLE TO § 100.120—Continued
6.2
Charlie Begin Memorial Lobster Boat Races ..................................
• Event Type: Power Boat Race.
• Sponsor: Boothbay Harbor Lobster Boat Race Committee.
• Date: A one day event on Saturday during the third weekend of
June. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 10 a.m. to 3 p.m.
• Location: The regulated area includes all waters of Boothbay Harbor,
Maine in the vicinity of within John’s Island the following points (NAD
83):
43°50′04″ N, 069°38′37″ W.
43°50′54″ N, 069°38′06″ W.
43°50′49″ N, 069°37′50″ W.
43°50′00″ N, 069°38′20″ W.
6.3
Rockland Harbor Lobster Boat Races .............................................
• Event Type: Power Boat Race.
• Sponsor: Rockland Harbor Lobster Boat Race Committee.
• Date: A one day event on Sunday during the third weekend of June.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 9 a.m. to 5 p.m.
• Location: The regulated area includes all waters of Rockland Harbor,
Maine in the vicinity of the Rockland Breakwater Light within the following points (NAD 83):
44°05′59″ N, 069°04′53″ W.
44°06′43″ N, 069°05′25″ W.
44°06′50″ N, 069°05′05″ W.
44°06′05″ N, 069°04′34″ W.
6.4
Windjammer Days Parade of Ships ................................................
• Event Type: Tall Ship Parade.
• Sponsor: Boothbay Region Chamber of Commerce.
• Date: A one day event on Wednesday during the last week of June.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 12 p.m. to 5 p.m.
• Location: The regulated area includes all waters of Boothbay Harbor,
Maine in the vicinity of Tumbler’s Island within the following points
(NAD 83):
43°51′02″ N, 069°37′33″ W.
43°50′47″ N, 069°37′31″ W.
43°50′23″ N, 069°37′57″ W.
43°50′01″ N, 069°37′45″ W.
43°50′01″ N, 069°38′31″ W.
43°50′25″ N, 069°38′25″ W.
43°50′49″ N, 069°37′45″ W.
7.0
JULY
Moosabec Lobster Boat Races .......................................................
• Event Type: Power Boat Race.
• Sponsor: Moosabec Boat Race Committee.
• Date: A one day event held on July 4th. The specific calendar date
will be published in the Federal Register via a Notice of Enforcement.
• Time: 10 a.m. to 12:30 p.m.
• Location: The regulated area includes all waters of Jonesport, Maine
within the following points (NAD 83):
44°31′21″ N, 067°36′44″ W.
44°31′36″ N, 067°36′47″ W.
44°31′44″ N, 067°35′36″ W.
44°31′29″ N, 067°35′33″ W.
7.2
tkelley on DSK3SPTVN1PROD with RULES
7.1
The Great Race ...............................................................................
• Event Type: Rowing and Paddling Boat Race.
• Sponsor: Franklin County Chamber of Commerce.
• Date: A one day event on Sunday during the first week of September. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 10 a.m. to 12:30 p.m.
• Location: The regulated area includes all waters of Lake Champlain
in the vicinity of Saint Albans Bay within the following points (NAD
83):
44°47′18″ N, 073°10′27″ W.
44°47′10″ N, 073°08′51″ W.
7.3
Searsport Lobster Boat Races ........................................................
• Event Type: Power Boat Race.
• Sponsor: Searsport Lobster Boat Race Committee.
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TABLE TO § 100.120—Continued
• Date: A one day event on Saturday during the second week of July.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 9 a.m. to 4 p.m.
• Location: The regulated area includes all waters of Searsport Harbor, Maine within the following points (NAD 83):
44°26′50″ N, 068°55′20″ W.
44°27′04″ N, 068°55′26″ W.
44°27′12″ N, 068°54′35″ W.
44°26′59″ N, 068°54′29″ W.
Stonington Lobster Boat Races .......................................................
• Event Type: Power Boat Race.
• Sponsor: Stonington Lobster Boat Race Committee.
• Date: A one day event on Saturday during the second week of July.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 8 a.m. to 3:30 p.m.
• Location: The regulated area includes all waters of Stonington,
Maine within the following points (NAD 83):
44°08′55″ N, 068°40′12″ W.
44°09′00″ N, 068°40′15″ W.
44°09′11″ N, 068°39′42″ W.
44°09′07″ N, 068°39′39″ W.
7.5
Mayor’s Cup Regatta .......................................................................
• Event Type: Sailboat Parade.
• Sponsor: Plattsburgh Sunrise Rotary
• Date: A one day event on Saturday during the second week of July.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 10 a.m. to 4 p.m.
• Location: The regulated area includes all waters of Cumberland Bay
on Lake Champlain in the vicinity of Plattsburgh, New York within the
following points (NAD 83):
44°39′26″ N, 073°26′25″ W.
44°41′27″ N, 073°23′12″ W.
7.6
The Challenge Race ........................................................................
• Event Type: Rowing and Paddling Boat Race.
• Sponsor: Lake Champlain Maritime Museum
• Date: A one day event on Saturday during the third week of July.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 11 a.m. to 3 p.m.
• Location: The regulated area includes all waters of Lake Champlain
in the vicinity of Button Bay State Park within the following points
(NAD 83):
44°12′25″ N, 073°22′32″ W.
44°12′00″ N, 073°21′42″ W.
44°12′19″ N, 073°21′25″ W.
44°13′16″ N, 073°21′36″ W.
7.7
Friendship Lobster Boat Races .......................................................
• Event Type: Power Boat Race.
• Sponsor: Friendship Lobster Boat Race Committee.
• Date: A one day event on Saturday during the last week of July. The
specific calendar date will be published in the Federal Register via
a Notice of Enforcement.
• Time: 9:30 a.m. to 3 p.m.
• Location: The regulated area includes all waters of Friendship Harbor, Maine within the following points (NAD 83):
43°57′51″ N, 069°20′46″ W.
43°58′14″ N, 069°19′53″ W.
43°58′19″ N, 069°20′01″ W.
43°58′00″ N, 069°20′46″ W.
7.8
tkelley on DSK3SPTVN1PROD with RULES
7.4
Arthur Martin Memorial Regatta ......................................................
• Event Type: Rowing and Paddling Boat Race.
• Sponsor: I Row.
• Date: A one day event on Saturday during the third week of July.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 9 a.m. to 1 p.m.
• Location: The regulated area includes all waters of the Piscataqua
River, in the vicinity of Kittery Point, Maine within the following points
(NAD 83):
43°03′51″ N, 070°41′55″ W.
43°04′35″ N, 070°42′18″ W.
43°04′42″ N, 070°43′15″ W.
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23607
TABLE TO § 100.120—Continued
43°05′14″
43°05′14″
43°04′44″
43°04′35″
43°03′53″
7.9
Harpswell Lobster Boat Races ........................................................
N,
N,
N,
N,
N,
070°43′12″
070°43′06″
070°43′11″
070°42′13″
070°41′40″
W.
W.
W.
W.
W.
• Event Type: Power Boat Race.
• Sponsor: Harpswell Lobster Boat Race Committee.
• Date: A one day event on Sunday during the last week of July. The
specific calendar date will be published in the Federal Register via
a Notice of Enforcement.
• Time: 10 a.m. to 3 p.m.
• Location: The regulated area includes all waters of Potts Harbor,
Maine within the following points (NAD 83):
43°46′50″ N, 070°01′37″ W.
43°46′50″ N, 070°01′18″ W.
43°46′28″ N, 070°01′36″ W.
43°46′28″ N, 070°01′19″ W.
8.0
AUGUST
Eggemoggin Reach Regatta ............................................................
• Event Type: Wooden Boat Parade.
• Sponsor: Rockport Marine, Inc. and Brookline Boat Yard.
• Date: A one day event on Saturday during the first week of August.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 11 a.m. to 7 p.m.
• Location: The regulated area includes all waters of Eggemoggin
Reach and Jericho Bay in the vicinity of Naskeag Harbor, Maine
within the following points (NAD 83):
44°15′16″ N, 068°36′26″ W.
44°12′41″ N, 068°29′26″ W.
44°07′38″ N, 068°31′30″ W.
44°12′54″ N, 068°33′46″ W.
8.2
Southport Rowgatta Rowing and Paddling Boat Race ...................
• Event Type: Rowing and Paddling Boat Race.
• Sponsor: Boothbay Region YMCA.
• Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 8 a.m. to 3 p.m.
• Location: The regulated area includes all waters of Sheepscot Bay
and Boothbay, on the shore side of Southport Island, Maine within
the following points (NAD 83):
43°50′26″ N, 069°39′10″ W.
43°49′10″ N, 069°38′35″ W.
43°46′53″ N, 069°39′06″ W.
43°46′50″ N, 069°39′32″ W.
43°49′07″ N, 069°41′43″ W.
43°50′19″ N, 069°41′14″ W.
43°51′11″ N, 069°40′06″ W.
8.3
Winter Harbor Lobster Boat Races .................................................
• Event Type: Power Boat Race.
• Sponsor: Winter Harbor Chamber of Commerce.
• Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 9 a.m. to 3 p.m.
• Location: The regulated area includes all waters of Winter Harbor,
Maine within the following points (NAD 83):
44°22′06″ N, 068°05′13″ W.
44°23′06″ N, 068°05′08″ W.
44°23′04″ N, 068°04′37″ W.
44°22′05″ N, 068°04′44″ W.
8.4
tkelley on DSK3SPTVN1PROD with RULES
8.1
Lake Champlain Dragon Boat Festival ............................................
• Event Type: Rowing and Paddling Boat Race.
• Sponsor: Dragonheart Vermont.
• Date: A one day event on Sunday during the second week of August. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 7 a.m. to 5 p.m.
• Location: The regulated area includes all waters of Burlington Bay
within the following points (NAD 83):
44°28′51″ N, 073°13′28″ W.
44°28′40″ N, 073°13′40″ W.
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TABLE TO § 100.120—Continued
44°28′37″ N, 073°13′29″ W.
44°28′40″ N, 073°13′17″ W.
8.5
Merritt Brackett Lobster Boat Races ...............................................
• Event Type: Power Boat Race.
• Sponsor: Town of Bristol, Maine.
• Date: A one day event on Sunday during the second week of August. The specific calendar date will be published in the Federal
Register via a Notice of Enforcements.
• Time: 10 a.m. to 3 p.m.
• Location: The regulated area includes all waters of Pemaquid Harbor, Maine within the following points (NAD 83):
43°52′16″ N, 069°32′10″ W.
43°52′41″ N, 069°31′43″ W.
43°52′35″ N, 069°31′29″ W.
43°52′09″ N, 069°31′56″ W.
8.6
Multiple Sclerosis Regatta ...............................................................
• Event Type: Regatta and Sailboat Race.
• Sponsor: Maine Chapter, Multiple Sclerosis Society.
• Date: A one day event on Saturday during the third week of August.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 10 a.m. to 4 p.m.
• Location: The regulated area for the start of the race includes all
waters of Casco Bay, Maine in the vicinity of Peaks Island within the
following points (NAD 83):
43°40′24″ N, 070°14′20″ W.
43°40′36″ N, 070°13′56″ W.
43°39′58″ N, 070°13′21″ W.
43°39′46″ N, 070°13′51″ W.
8.7
Multiple Sclerosis Harborfest Tugboat Race ...................................
• Event Type: Power Boat Race.
• Sponsor: Maine Chapter, National Multiple Sclerosis Society.
• Date: A one day event on Sunday during the third week of August.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 10 a.m. to 3 p.m.
• Location: The regulated area includes all waters of Portland Harbor,
Maine in the vicinity of Maine State Pier within the following points
(NAD 83):
43°40′25″ N, 070°14′21″ W.
43°40′36″ N, 070°13′56″ W.
43°39′58″ N, 070°13′21″ W.
43°39′47″ N, 070°13′51″ W.
9.0
9.1
SEPTEMBER
Pirates Festival Lobster Boat Races ...............................................
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. The authority citation for Part 165
reads as follows:
tkelley on DSK3SPTVN1PROD with RULES
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 33 CFR 1.05–1, and
160.5; Pub. L. 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
■
4. Revise § 165.171 to read as follows:
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• Event Type: Power Boat Race.
• Sponsor: Eastport Pirates Festival.
• Date: A one day event on Sunday during the second weekend of
September. The specific calendar date will be published in the Federal Register via a Notice of Enforcement.
• Time: 11 a.m. to 6 p.m.
• Location: The regulated area includes all waters in the vicinity of
Eastport Harbor, Maine within the following points (NAD 83):
44°54′14″ N, 066°58′52″ W.
44°54′14″ N, 068°58′56″ W.
44°54′24″ N, 066°58′52″ W.
44°54′24″ N, 066°58′56″ W.
§ 165.171 Safety Zones for fireworks
displays and swim events held in Coast
Guard Sector Northern New England
Captain of the Port Zone.
The Coast Guard is establishing safety
zones for the fireworks displays listed in
the Table to § 165.171. These
regulations will be enforced for the
duration of each event, on or about the
dates indicated in the Table to
§ 165.171. Mariners should consult their
Local Notice to Mariners to remain
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apprised of the specific calendar date
upon which the listed event falls for
each calendar year and other specific
information concerning the event. First
Coast Guard District Local Notice to
Mariners can be found at: https://
www.navcen.uscg.gov/. The Sector
Northern New England Marine Events
schedule can also be viewed
electronically at
www.homeport.uscg.mil.
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Note to introductory text of § 165.171:
Although listed in the Code of Federal
Regulations, sponsors of events listed in
the Table to § 165.171 shall submit an
application each year in accordance
with 33 CFR 100.15.
(a) The Coast Guard may patrol each
event area under the direction of a
designated Coast Guard Patrol
Commander. The Patrol Commander
may be contacted on Channel 16 VHF–
FM (156.8 MHz) by the call sign
‘‘PATCOM.’’ The ‘‘official patrol
vessels’’ may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the Captain of the Port,
Sector Northern New England.
(b) Vessels may not transit the
regulated areas without Patrol
Commander approval. Vessels permitted
to transit must operate at a no wake
speed, in a manner which will not
endanger participants or other crafts in
the event.
(c) Spectators or other vessels shall
not anchor, block, loiter, or impede the
movement of event participants or
official patrol vessels in the regulated
areas during the effective dates and
times, or dates and times as modified
through the Local Notice to Mariners,
unless authorized by an official patrol
vessel.
(d) The Patrol Commander may
control the movement of all vessels in
the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the lawful directions
issued. Failure to comply with a lawful
direction may result in expulsion from
23609
the area, citation for failure to comply,
or both.
(e) The Patrol Commander may delay
or terminate any event in this subpart at
any time to assure safety. Such action
may be justified as a result of weather,
traffic density, spectator operation or
participant behavior.
(f) For all swim events listed, vessels
not associated with the event shall
maintain a separation zone of 200 feet
from participating swimmers.
(g) For all fireworks displays listed
below, the regulated area is that area of
navigable waters within a 350 yard
radius of the launch platform or launch
site for each fireworks display.
(h) The specific calendar date upon
which the listed event falls will be
published in the Federal Register.
TABLE TO § 165.171
5.0 .............................................................................................................
5.1
Hawgs, Pies, & Fireworks ................................................................
MAY
• Event Type: Fireworks Display.
• Sponsor: Gardiner Maine Street.
• Date: One night event on Saturday during the last week of May. The
specific calendar date will be published in the Federal Register via
a Notice of Enforcement.
• Time: 8 p.m. to 10 p.m.
• Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine
in approximate position:
44°13′52″ N, 069°46′08″ W (NAD 83).
6.0
JUNE
6.1
Rotary Waterfront Days Fireworks ..................................................
• Event Type: Fireworks Display.
• Sponsor: Gardiner Rotary.
• Date: Two night event on Wednesday and Saturday during the third
week of June. The specific calendar dates will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8 p.m. to 10 p.m.
• Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine
in approximate position:
44°13′52″ N, 069°46′08″ W (NAD 83).
6.2
Windjammer Days Fireworks ...........................................................
• Event Type: Fireworks Display.
• Sponsor: Boothbay Harbor Region Chamber of Commerce.
• Date: One night event on Wednesday during the last week of June.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 8 p.m. to 10:30 p.m.
• Location: In the vicinity of McFarland Island, Boothbay Harbor,
Maine in approximate position:
43°50′38″ N, 069°37′57″ W (NAD 83).
7.0
JULY
tkelley on DSK3SPTVN1PROD with RULES
7.1
Vinalhaven 4th of July Fireworks .....................................................
• Event Type: Firework Display.
• Sponsor: Vinalhaven 4th of July Committee.
• Date: First Saturday in July. The specific calendar date will be published in the Federal Register via a Notice of Enforcement.
• Time: 8 p.m. to 10:30 p.m.
• Location: In the vicinity of Grime’s Park, Vinalhaven, Maine in approximate position:
44°02′34″ N, 068°50′26″ W (NAD 83).
7.2
Burlington Independence Day Fireworks .........................................
• Event Type: Firework Display.
• Sponsor: City of Burlington, Vermont.
• Date: July 3rd. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 9 p.m. to 11 p.m.
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TABLE TO § 165.171—Continued
• Location: From a barge in the vicinity of Burlington Harbor, Burlington, Vermont in approximate position:
44°28′31″ N, 073°13′31″ W (NAD 83).
Camden 3rd of July Fireworks .........................................................
• Event Type: Fireworks Display.
• Sponsor: Camden, Rockport, Lincolnville Chamber of Commerce.
• Date: July 3rd. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8 p.m. to 10 p.m.
• Location: In the vicinity of Camden Harbor, Maine in approximate position:
44°12′32″ N, 069°02′58″ W (NAD 83).
7.4
Bangor 4th of July Fireworks ...........................................................
• Event Type: Fireworks Display.
• Sponsor: Bangor 4th of July Fireworks.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8 p.m. to 10:30 p.m.
• Location: In the vicinity of the Bangor Waterfront, Bangor, Maine in
approximate position:
44°47′27″ N, 068°46′31″ W (NAD 83).
7.5
Bar Harbor 4th of July Fireworks .....................................................
• Event Type: Fireworks Display.
• Sponsor: Bar Harbor Chamber of Commerce.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8 p.m. to 10:30 p.m.
• Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine
in approximate position:
44°23′31″ N, 068°12′15″ W (NAD 83).
7.6
Boothbay Harbor 4th of July Fireworks ...........................................
• Event Type: Fireworks Display.
• Sponsor: Town of Boothbay Harbor.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.1 Local Notice to
Mariners.
• Time: 8 p.m. to 10:30 p.m.
• Location: In the vicinity of McFarland Island, Boothbay Harbor,
Maine in approximate position:
43°50′38″ N, 069°37′57″ W (NAD 83).
7.7
Colchester 4th of July Fireworks .....................................................
• Event Type: Fireworks Display.
• Sponsor: Town of Colchester, Recreation Department.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8 p.m. to 10 p.m.
• Location: In the vicinity of Bayside Beach and Mallets Bay in
Colchester, Vermont at approximate position:
44°32′44″ N, 073°13′10″ W (NAD 83).
7.8
Eastport 4th of July Fireworks .........................................................
• Event Type: Fireworks Display.
• Sponsor: Eastport 4th of July Committee.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 9 p.m. to 9:30 p.m.
• Location: From the Waterfront Public Pier in Eastport, Maine at approximate position:
44°54′25″ N, 066°58′55″ W (NAD 83).
7.9
tkelley on DSK3SPTVN1PROD with RULES
7.3
Ellis Short Sand Park Trustee Fireworks ........................................
• Event Type: Fireworks Display.
• Sponsor: William Burnham.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8:30 p.m. to 11 p.m.
• Location: In the vicinity of York Beach, Maine in approximate position:
43°10′27″ N, 070°48′31″ W (NAD 83).
7.10
Hampton Beach 4th of July Fireworks ..........................................
• Event Type: Fireworks Display.
• Sponsor: Hampton Beach Village District.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8:30 p.m. to 11 p.m.
• Location: In the vicinity of Hampton Beach, New Hampshire in approximate position:
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23611
TABLE TO § 165.171—Continued
42°54′40″ N, 070°36′25″ W (NAD 83).
Jonesport 4th of July Fireworks .....................................................
• Event Type: Fireworks Display.
• Sponsor: Jonesport 4th of July Committee.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 9:30 p.m. to 10 p.m.
• Location: In the vicinity of Beals Island, Jonesport, Maine in approximate position:
44°31′18″ N, 067°36′43″ W (NAD 83)
7.12
Main Street Heritage Days 4th of July Fireworks ..........................
• Event Type: Fireworks Display.
• Sponsor: Main Street Inc.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8 p.m. to 10:30 p.m.
• Location: In the vicinity of Reed and Reed Boat Yard, Woolwich,
Maine in approximate position:
43°54′56″ N, 069°48′16″ W (NAD 83).
7.13
Portland Harbor 4th of July Fireworks ...........................................
• Event Type: Fireworks Display.
• Sponsor: Department of Parks and Recreation, Portland, Maine.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: In the vicinity of East End Beach, Portland, Maine in approximate position:
43°40′16″ N, 070°14′44″ W (NAD 83).
7.14
St. Albans Day Fireworks ..............................................................
• Event Type: Fireworks Display.
• Sponsor: St. Albans Area Chamber of Commerce.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 9 p.m. to 10 p.m.
• Location: From the St. Albans Bay dock in St. Albans Bay, Vermont
in the approximate position:
44°48′25″ N, 073°08′23″ W (NAD 83).
7.15
Stonington 4th of July Fireworks ...................................................
• Event Type: Fireworks Display.
• Sponsor: Deer Isle—Stonington Chamber of Commerce.
• Date: July 4th. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 8 p.m. to 10:30 p.m.
• Location: In the vicinity of Two Bush Island, Stonington, Maine in approximate position:
44°08′57″ N, 068°39′54″ W (NAD 83).
7.16
Urban/EPIC Triathlon .....................................................................
• Event Type: Swim Event.
• Sponsor: Tri-Maine Productions.
• Date: A one day event on Saturday during the second week of July.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 7 a.m. to 11 a.m.
• Location: The regulated area includes all waters of Portland Harbor
in the vicinity of East End Beach in Portland, Maine within the following points (NAD 83):
43°40′00″ N, 070°14′20″ W.
43°40′00″ N, 070°14′00″ W.
43°40′15″ N, 070°14′29″ W.
43°40′17″ N, 070°13′22″ W.
7.17
tkelley on DSK3SPTVN1PROD with RULES
7.11
Tri for a Cure Swim Clinics ............................................................
• Event Type: Swim Event.
• Sponsor: Maine Cancer Foundation.
• Date: A two day event held on third Sunday and Thursday in July.
The specific calendar dates will be published in the Federal Register via a Notice of Enforcement.
• Time: 12:30 p.m. to 7:30 p.m.
• Location: The regulated area includes all waters of Portland Harbor,
Maine in the vicinity of Spring Point Light within the following points
(NAD 83):
43°39′01″ N, 070°13′32″ W.
43°39′07″ N, 070°13′29″ W.
43°39′06″ N, 070°13′41″ W.
43°39′01″ N, 070°13′36″ W.
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TABLE TO § 165.171—Continued
7.18
Richmond Days Fireworks .............................................................
• Event Type: Fireworks Display.
• Sponsor: Town of Richmond, Maine.
• Date: A one day event on Saturday during the fourth weekend of
July. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 8 p.m. to 10 p.m.
• Location: From a barge in the vicinity of the inner harbor, Tenants
Harbor, Maine in approximate position:
44°08′42″ N, 068°27′06″ W (NAD 83).
7.19
Colchester Triathlon .......................................................................
• Event Type: Swim Event.
• Sponsor: Colchester Parks and Recreation Department.
• Date: A one day event on Wednesday during the last week of July.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 7 a.m. to 11 a.m.
• Location: The regulated area includes all waters of Malletts Bay on
Lake Champlain, Vermont within the following points (NAD 83):
44°32′18″ N, 073°12′35″ W.
44°32′28″ N, 073°12′56″ W.
44°32′57″ N, 073°12′38″ W.
7.20
Peaks to Portland Swim ................................................................
• Event Type: Swim Event.
• Sponsor: Cumberland County YMCA.
• Date: A one day event on Saturday during the last week of July. The
specific calendar date will be published in the Federal Register via
a Notice of Enforcement.
• Time: 5 a.m. to 1 p.m.
• Location: The regulated area includes all waters of Portland Harbor
between Peaks Island and East End Beach in Portland, Maine within
the following points (NAD 83):
43°39′20″ N, 070°11′58″ W.
43°39′45″ N, 070°13′19″ W.
43°40′11″ N, 070°14′13″ W.
43°40′08″ N, 070°14′29″ W.
43°40′00″ N, 070°14′23″ W.
43°39′34″ N, 070°13′31″ W.
43°39′13″ N, 070°11′59″ W.
7.21
Friendship Days Fireworks ............................................................
• Event Type: Fireworks Display.
• Sponsor: Town of Friendship.
• Date: A one day event on Saturday during the last weekend of July.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 8 p.m. to 10:30 p.m.
• Location: In the vicinity of the Town Pier, Friendship Harbor, Maine
in approximate position:
43°58′23″ N, 069°20′12″ W (NAD 83).
7.22
Champ Chum Swim .......................................................................
• Event Type: Swim Event.
• Sponsor: Against Malaria Foundation.
• Date: A one day event on Saturday during the last week of July. The
specific calendar date will be published in the Federal Register via
a Notice of Enforcement.
• Time: 8 a.m. to 12 p.m.
• Location: The regulated area includes all waters of Lake Champlain
between Thompson’s Point, Vermont and Spilt Rock in Adirondack
Park, New York within the following points (NAD 83):
44°16′04″ N, 073°18′19″ W.
44°16′08″ N, 073°19′17″ W.
8.0
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8.1
AUGUST
Sprucewold Cabbage Island Swim ..................................................
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• Event Type: Swim Event.
• Sponsor: Sprucewold Association.
• Date: A one day event on Saturday during the first week of August.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 1 p.m. to 6 p.m.
• Location: The regulated area includes all waters of Linekin Bay between Cabbage Island and Sprucewold Beach in Boothbay Harbor,
Maine within the following points (NAD 83):
43°50′37″ N, 069°36′23″ W.
43°50′37″ N, 069°36′59″ W.
43°50′16″ N, 069°36′46″ W.
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TABLE TO § 165.171—Continued
43°50′22″ N, 069°36′21″ W.
Westerlund’s Landing Party Fireworks ............................................
• Event Type: Fireworks Display.
• Sponsor: Portside Marina.
• Date: A one day event on Saturday during the first weekend of August. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 8 p.m. to 10:30 p.m.
• Location: In the vicinity of Westerlund’s Landing in South Gardiner,
Maine in approximate position:
44°10′19″ N, 069°45′24″ W (NAD 83).
8.3
Y-Tri Triathlon ..................................................................................
• Event Type: Swim Event.
• Sponsor: Plattsburgh YMCA.
• Date: A one day event on Saturday during the first week of August.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 9 a.m. to 10 a.m.
• Location: The regulated area includes all waters of Treadwell Bay on
Lake Champlain in the vicinity of Point Au Roche State Park, Plattsburgh, New York within the following points (NAD 83):
44°46′30″ N, 073°23′26″ W.
44°46′17″ N, 073°23′26″ W.
44°46′17″ N, 073°23′46″ W.
44°46′29″ N, 073°23′46″ W.
8.4
Greater Burlington YMCA Lake Swim .............................................
• Event Type: Swim Event.
• Sponsor: Greater Burlington YMCA.
• Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 8 a.m. to 6 p.m.
• Location: The regulated area includes all waters in Lake Champlain
in the vicinity of North Hero Island within the following points (NAD
83):
44°46′55″ N, 073°22′14″ W.
44°47′08″ N, 073°19′05″ W.
44°46′48″ N, 073°17′13″ W.
44°46′10″ N, 073°16′39″ W.
44°41′08″ N, 073°20′58″ W.
44°41′36″ N, 073°23′01″ W.
8.5
York Beach Fire Department Fireworks ..........................................
• Event Type: Fireworks Display.
• Sponsor: York Beach Fire Department.
• Date: A one day event on Sunday during the first week in August.
The specific calendar date will be published in the Federal Register
via a Notice of Enforcement.
• Time: 8:30 p.m. to 11:30 p.m.
• Location: In the vicinity of Short Sand Cove in York, Maine in approximate position:
43°10′27″ N, 070°36′25″ W (NAD 83).
8.6
Tri for a Cure Swim Clinics ..............................................................
• Event Type: Swim Event.
• Sponsor: Maine Cancer Foundation.
• Date: A multi-day training event held during July. The specific calendar dates will be published in the Federal Register via a Notice of
Enforcement.
• Time: 8:30 a.m. to 11:30 a.m.
• Location: The regulated area includes all waters of Portland Harbor,
Maine in the vicinity of Spring Point Light within the following points
(NAD 83):
43°39′01″ N, 070°13′32″ W.
43°39′07″ N, 070°13′29″ W.
43°39′06″ N, 070°13′41″ W.
43°39′01″ N, 070°13′36″ W.
8.7
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8.2
Tri for a Cure Triathlon ....................................................................
• Event Type: Swim Event.
• Sponsor: Maine Cancer Foundation.
• Date: A one day event on Sunday during the second week in August. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 12:30 p.m. to 4:30 p.m.
• Location: The regulated area includes all waters of Portland Harbor,
Maine in the vicinity of Spring Point Light within the following points
(NAD 83):
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TABLE TO § 165.171—Continued
43°39′01″
43°39′07″
43°39′06″
43°39′01″
8.8
Rockland Breakwater Swim .............................................................
N,
N,
N,
N,
070°13′32″
070°13′29″
070°13′41″
070°13′36″
W.
W.
W.
W.
• Event Type: Swim Event.
• Sponsor: Pen-Bay Masters.
• Date: A one day event on Saturday during the fourth week of August. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 7:30 a.m. to 1:30 p.m.
• Location: The regulated area includes all waters of Rockland Harbor,
Maine in the vicinity of Jameson Point within the following points
(NAD 83):
44°06′16″ N, 069°04′39″ W.
44°06′13″ N, 069°04′36″ W.
44°06′12″ N, 069°04′43″ W.
44°06′17″ N, 069°04′44″ W.
44°06′18″ N, 069°04′40″ W.
9.0
SEPTEMBER
Windjammer Weekend Fireworks ....................................................
• Event Type: Fireworks Display.
• Sponsor: Town of Camden, Maine.
• Date: A one day event on Friday during the first weekend of September. The specific calendar date will be published in the Federal
Register via a Notice of Enforcement.
• Time: 8 p.m. to 9:30 p.m.
• Location: From a barge in the vicinity of Northeast Point, Camden
Harbor, Maine in approximate position:
44°12′10″ N, 069°03′11″ W (NAD 83).
9.2
Eastport Pirate Festival Fireworks ...................................................
• Event Type: Fireworks Display.
• Sponsor: Eastport Pirate Festival.
• Date: A one day event on Saturday during the second weekend of
September. The specific calendar date will be published in the Federal Register via a Notice of Enforcement.
• Time: 7 p.m. to 10 p.m.
• Location: From the Waterfront Public Pier in Eastport, Maine at approximate position:
44°54′17″ N, 066°58′58″ W (NAD 83).
9.3
The Lobsterman Triathlon ................................................................
• Event Type: Swim Event.
• Sponsor: Tri-Maine Productions.
• Date: A one day swim event on Saturday during the second weekend of September. The specific calendar date will be published in
the Federal Register via a Notice of Enforcement.
• Time: 8 a.m. to 11 a.m.
• Location: The regulated area includes all waters in the vicinity of
Winslow Park in South Freeport, Maine within the following points
(NAD 83):
43°47′59″ N, 070°06′56″ W.
43°47′44″ N, 070°06′56″ W.
43°47′44″ N, 070°07′27″ W.
43°47′57″ N, 070°07′27″ W.
9.4
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9.1
Burlington Triathlon ..........................................................................
• Event Type: Swim Event.
• Sponsor: Race Vermont.
• Date: A one day swim event on Sunday during the second weekend
of September. The specific calendar date will be published in the
Federal Register via a Notice of Enforcement.
• Time: 7 a.m. to 10 a.m.
• Location: The regulated area includes all waters in the vicinity of
North Beach, Burlington, Vermont within the following points (NAD
83):
44°29′31″ N, 073°14′22″ W.
44°29′12″ N, 073°14′14″ W.
44°29′17″ N, 073°14′34″ W.
9.5
Eliot Festival Day Fireworks ............................................................
• Event Type: Fireworks Display.
• Sponsor: Eliot Festival Day Committee.
• Date: A one day event on Saturday during the fourth weekend of
September. The specific calendar date will be published in the Federal Register via a Notice of Enforcement.
• Time: 8 p.m. to 10:30 p.m.
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23615
TABLE TO § 165.171—Continued
• Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in
approximate position:
43°08′56″ N, 070°49′52″ W (NAD 83).
Dated: March 30, 2012.
C.L. Roberge,
Captain, U.S. Coast Guard, Captain of the
Port Sector Northern New England.
[FR Doc. 2012–9519 Filed 4–19–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AN86
Payment or Reimbursement for
Emergency Services for NonserviceConnected Conditions in Non-VA
Facilities
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document amends the
Department of Veterans Affairs (VA)
‘‘Payment or Reimbursement for
Emergency Services for NonserviceConnected Conditions in Non-VA
Facilities’’ regulations to conform with
a statutory change that expanded
veterans’ eligibility for reimbursement.
Some of the revisions in this final rule
are purely technical, matching the
language of our regulations to the
language of the revised statute, while
others set out VA’s policies regarding
the implementation of statutory
requirements. This final rule expands
the qualifications for payment or
reimbursement to veterans who receive
emergency services in non-VA facilities,
and establishes accompanying standards
for the method and amount of payment
or reimbursement.
DATES: This final rule is effective May
21, 2012.
FOR FURTHER INFORMATION CONTACT: Lisa
Brown, Division Chief, Policy
Management Department, Purchased
Care at the Veterans Health
Administration Center, Department of
Veterans Affairs, 3773 Cherry Creek Dr.
N. East Tower, Suite 485, Denver, CO
80209, (303) 331–7829. (This is not a
toll-free number).
SUPPLEMENTARY INFORMATION: On
February 1, 2010, Congress enacted
Public Law 111–137 (2010 Act), which
amended 38 U.S.C. 1725 by expanding
veteran eligibility for reimbursement for
emergency treatment furnished in a
non-VA facility. Current VA regulations
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implement section 1725 in 38 CFR
17.1000 through 17.1008 under the
undesignated heading ‘‘Payment or
Reimbursement for Emergency Services
for Nonservice-Connected Conditions in
Non-VA Facilities.’’ This final rule
revises §§ 17.1001, 17.1002, 17.1004,
and 17.1005. These revisions eliminate
certain exclusions from emergency care
payment or reimbursement, and define
the payment limitations for those
qualifying for payment or
reimbursement under the law as
amended by the 2010 Act.
The 2010 Act amended 38 U.S.C.
1725(f)(2) by removing a provision that
included automobile insurance in the
definition of ‘‘health-plan contract.’’
Under 38 U.S.C. 1725(b)(3)(B), veterans
who are covered by a health-plan
contract are ineligible for VA payment
or reimbursement. Thus, we are
removing current 38 CFR 17.1001(a)(5),
which includes automobile insurance in
the definition of ‘‘health-plan contract.’’
This amendment will implement VA’s
authority to pay or reimburse claimants
for providing emergency services to a
veteran if the veteran received, or is
legally eligible to receive, partial
payment towards emergency services
from an automobile insurer.
The 2010 Act also amended 38 U.S.C.
1725 by revising a provision that
precluded certain claimants from
payment or reimbursement by VA for
emergency care at non-VA facilities.
Parties who qualified as claimants
under section 1725 prior to the 2010 Act
(as implemented by VA in current 38
CFR 17.1004(a)) included veterans, the
provider of the emergency treatment, or
the person or organization that paid for
such treatment on behalf of the veteran.
Under the 2010 Act, claimants who are
entitled to partial payment from a third
party for providing non-VA emergency
services to a veteran are no longer
barred from also receiving VA payment
or reimbursement for such care. Prior to
the 2010 Act, section 1725(b)(3)(C)
required that VA deny any claim in
which a veteran has ‘‘other contractual
or legal recourse against a third party
that would, in whole or in part,
extinguish such liability to the
provider.’’ The 2010 Act removed ‘‘or in
part’’ from this exclusion. In order to
remove this partial payment exclusion
from VA regulations, we are removing
the clause ‘‘or in part’’ from § 17.1002(g)
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to parallel the language in current 38
U.S.C. 1725.
In addition, the 2010 Act authorized,
but did not require, VA to provide
repayment under section 1725 ‘‘for
emergency treatment furnished to a
veteran before the date of the enactment
of the [2010] Act, if the Secretary
determines that, under the
circumstances applicable with respect
to the veteran, it is appropriate to do
so.’’ We interpret this provision to allow
VA, through regulation, to provide
retroactive reimbursement, and we are
implementing this authority in new
§ 17.1004(f).
In a document published in the
Federal Register on May 26, 2011 (76
FR 30598), VA proposed to amend the
regulations that govern the payment or
reimbursement for emergency services
for nonservice-connected conditions in
non-VA facilities. We provided a 60 day
comment period, which ended on July
25, 2011. We received three comments
from the general public.
In the proposed rule, we stated that
§ 17.1005 would be amended by adding
new paragraphs (c) and (d). However, on
December 21, 2011 (76 FR 79071), VA
published an entirely separate final rule
that added new paragraphs (c) and (d)
to § 17.1005. Accordingly, in this final
rule we are renumbering proposed
§ 17.1005(c) as new § 17.1005(e), and we
are also renumbering proposed
§ 17.1005(d) as new § 17.1005(f). None
of the comments received on the
proposed rulemaking for this final rule
addressed these paragraphs, so the
discussion below is not affected by this
change.
One commenter applauded VA for
‘‘taking steps to change the
reimbursement policies.’’ The
commenter further believes that ‘‘it is
only fair that the VA reimburse’’
veterans for the emergency care they
receive in non-VA hospitals, especially
when the non-VA hospitals are ‘‘better
equipped to handle the injury.’’ We
appreciate the supportive comment on
this rulemaking, and thank the
commenter.
A second commenter commended VA
for the proposed regulation stating that
the regulation is ‘‘in the best interest of
the local health care provider, the
veteran, and possibly the veteran’s
administration.’’ We thank the
commenter for taking the time to
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]]>Agencies
[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23601-23615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9519]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2011-1023]
RIN 1625-AA08; AA00
Special Local Regulations and Safety Zones; Recurring Events in
Northern New England
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is updating special local regulations and
permanent safety zones in the Coast Guard Captain of the Port (COTP)
Northern New England Zone for annual recurring marine events. When
these special local regulations or safety zones are activated, and
subject to enforcement, this rule will restrict vessels from portions
of water areas during these annual recurring events. The revised
special local regulations and safety zones will expedite public
notification of events, and ensure the protection of the maritime
public and event participants from the hazards associated with these
annual recurring events.
DATES: This rule is effective May 21, 2012.
This rule will be enforced during dates and times specified in the
Tables to Sec. Sec. 100.120 and 165.171.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-1023 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-1023 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Terence Leahy, Waterways
Management Division at Coast Guard Sector Northern New England,
telephone 207-767-0398, email Terence.O.Leahy@uscg.mil. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On Tuesday, December 27, 2011, the Coast Guard published a notice
of proposed rulemaking (NPRM) entitled ``Special Local Regulations and
Safety Zones; Recurring Events in Northern New England'' in the Federal
Register (Vol. 76 No. 248). We received no comments or requests for a
public meeting on the proposed rule.
Basis and Purpose
The legal basis for this rule is the Port and Waterways Safety Act,
33 U.S.C. 1226 and 1231, 33 U.S.C. 1233; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, and 160.5; Public Law 107-295,
116 Stat.
[[Page 23602]]
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones and special local regulations.
Swim events, fireworks displays, and marine events are held on an
annual recurring basis on the navigable waters within the Coast Guard
COTP Northern New England Zone. In the past, the Coast Guard has
established special local regulations, regulated areas and safety zones
for these annual recurring events on a case by case basis to ensure the
protection of the maritime public and event participants from the
hazards associated with these events. The Coast Guard has not received
public comments or concerns regarding the impact to waterway traffic
from these annually recurring events.
This rule consistently apprises the public in a timely manner
through permanent publication in Title 33 of the Code of Federal
Regulations. The Tables in this regulation list each annual recurring
event requiring a regulated area as administered by the Coast Guard.
By establishing a permanent regulation containing these events, the
Coast Guard eliminates the need to establish temporary rules for events
that occur on an annual basis thereby, limiting the costs associated
with cumulative regulations.
This rulemaking will remove, add, and consolidate regulations that
better meet the Coast Guard's intended purpose of ensuring safety
during these events.
Background
The Coast Guard is amending 33 CFR 100.120 (Special Local
Regulations) and 33 CFR 165.171 (Safety Zones).
The rule applies to the annual recurring events listed in the
attached Tables in the Coast Guard COTP Northern New England Zone. The
Tables provide the event name, sponsor, and type, as well as
approximate dates and locations of the events. The specific times,
dates, regulated areas, and enforcement period for each event will be
provided through the Local Notice to Mariners, Broadcast Notice to
Mariners or through a Notice of Enforcement published in the Federal
Register.
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 (100-foot distance per inch of diameter of the
fireworks mortars), and other pertinent regulations and publications.
This regulation prevents vessels from transiting areas specifically
designated as special local regulations or safety zones during the
periods of enforcement to ensure the protection of the maritime public
and event participants from the hazards associated with the listed
annual recurring events. Only event sponsors, designated participants,
and official patrol vessels are allowed to enter regulated 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 representative.
Discussion of Comments
The Coast Guard did not receive any comments in response to the
NPRM published in the Federal Register (Vol. 76, No. 248) on Tuesday,
December 27, 2011. The Coast Guard made changes to the regulatory text
in the final rule with regards to the date section for each event. This
change was made so as not to give the impression that the Coast Guard
is requiring mariners to check a Local Notice of Mariners for the date
of each event. The Coast Guard will now publish a Notice of Enforcement
of the event date in the Federal Register to inform the public of the
exact date.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We expect the economic impact of this rule to be minimal. Although
this regulation may have some impact on the public, the potential
impact will be minimized for the following reasons: The Coast Guard has
previously promulgated safety zones or special local regulations in
accordance with 33 CFR Parts 100 and 165 for approximately 85% of the
event areas contained within this regulation and has not received
notice of any negative impact caused by any of the safety zones or
special local regulations. By establishing a permanent regulation
containing all of these events, the Coast Guard will eliminate the need
to establish individual temporary rules for each separate event that
occurs on an annual basis, thereby limiting the cost of cumulative
regulations.
Vessels will only be restricted from safety zones and special local
regulation areas for a short duration of time. Vessels may transit in
portions of the affected waterway except for those areas covered by the
regulated areas. Notifications will also be made to the local maritime
community through the Local Notice to Mariners and Broadcast Notice to
Mariners well in advance of the events. If the event does not have a
date listed, then the exact dates and times of the enforcement period
will be announced through a Notice of Enforcement in the Federal
Register. No new or additional restrictions will be imposed on vessel
traffic.
Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: Owners or operators of vessels intending to
transit, fish, or anchor in the areas where the listed annual recurring
events are being held.
The rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from safety zones and special local regulation
areas for a short duration of time; vessels may transit in portions of
the affected waterway except for those areas covered by the regulated
areas; the Coast Guard has promulgated safety zones or special local
regulations in accordance with 33 CFR Parts 100 and 165 for
approximately 85% of the event areas in the past and has not received
notice of any negative impact caused by any of the safety zones or
special local regulations; and notifications will be made to the local
maritime community through the Local Notice to Mariners and Broadcast
Notice
[[Page 23603]]
to Mariners well in advance of the events. If the event does not have a
date listed, then exact dates and times of the enforcement period will
be announced through a Notice of Enforcement in the Federal Register.
No new or additional restrictions will be imposed on vessel traffic.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
affects your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed under FOR FURTHER
INFORMATION CONTACT. The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraphs (34)(g)
and (34)(h) of the Instruction since it involves establishment of
safety zones for marine related fireworks events and special local
regulations for regattas, respectively. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for Part 100 reads as follows:
Authority: 33 U.S.C. 1233.
0
2. Revise Sec. 100.120 to read as follows:
Sec. 100.120 Special Local Regulations; Marine Events Held in the
Coast Guard Sector Northern New England Captain of the Port Zone.
The following regulations apply to the marine events listed in the
Table to Sec. 100.120. These regulations will be enforced for the
duration of each event, on the dates indicated. Mariners should consult
their Local Notice to Mariners to remain apprised of the specific
calendar date upon which the listed event falls for each calendar year
and other specific information concerning the event. First Coast Guard
District Local Notice to Mariners can be found at: https://www.navcen.uscg.gov/. The Sector Northern New England Marine Events
schedule can also be viewed electronically at www.homeport.uscg.mil.
Note to introductory text of Sec. 100.20: Although listed in the
Code of Federal
[[Page 23604]]
Regulations, sponsors of events listed in the Table to Sec. 100.120
are still required to submit marine event applications in accordance
with 33 CFR 100.15.
(a) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.'' Official patrol vessels may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the Captain of the Port, Sector Northern New England.
(b) Vessels may not transit the regulated areas without the Patrol
Commander approval. Vessels permitted to transit must operate at a no
wake speed, in a manner which will not endanger participants or other
crafts in the event.
(c) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, unless
authorized by an official patrol vessel.
(d) The Patrol Commander may control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall come to an immediate stop and comply with the
lawful directions issued. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.
(e) The Patrol Commander may delay or terminate any marine event in
this subpart at any time it is deemed necessary to ensure the safety of
life or property.
(f) For all power boat races listed, vessels operating within the
regulated area must be at anchor within a designated spectator area or
moored to a waterfront facility in a way that will not interfere with
the progress of the event.
(g) For all regattas and boat parades listed, spectator vessels
operating within the regulated area shall maintain a separation of at
least 50 yards from the participants.
(h) For all rowing and paddling boat races listed, vessels not
associated with the event shall maintain a separation of at least 50
yards from the participants.
(i) The specific calendar date upon which the listed event falls
will be published in the Federal Register.
Table to Sec. 100.120
------------------------------------------------------------------------
------------------------------------------------------------------------
5.0 MAY
------------------------------------------------------------------------
5.1 Champlain Bridge Celebration Event Type: Regatta
Flotilla Parade. and Boat Parade.
Sponsor: Lake
Champlain Maritime Museum.
Date: A two day event
on Saturday and Sunday during
the third weekend in May. The
specific calendar dates will
be published in the Federal
Register via a Notice of
Enforcement.
Time: 12 p.m. to 2
p.m. each day.
Location: The
regulated area includes all
waters of Lake Champlain in
the vicinity of the new bridge
between Crown Point, New York
and Chimney Point, Vermont
within the following points
(NAD 83):
44[deg]02'29'' N,
073[deg]26'26'' W.
44[deg]02'38'' N,
073[deg]25'58'' W.
44[deg]01'18'' N,
073[deg]24'08'' W.
44[deg]01'04'' N,
073[deg]24'31'' W.
------------------------------------------------------------------------
5.2 Tall Ships Visiting Portsmouth..... Event Type: Regatta
and Boat Parade.
Sponsor: Portsmouth
Maritime Commission, Inc.
Date: A four day event
from Friday through Monday
during the last weekend in
May. The specific calendar
dates will be published in the
Federal Register via a Notice
of Enforcement.
Time: 9 a.m. to 8 p.m.
each day.
Location: The
regulated area includes all
waters of Portsmouth Harbor,
New Hampshire in the vicinity
of Castle Island within the
following points (NAD 83):
43[deg]03'11'' N,
070[deg]42'26'' W.
43[deg]03'18'' N,
070[deg]41'51'' W.
43[deg]04'42'' N,
070[deg]42'11'' W.
43[deg]04'28'' N,
070[deg]44'12'' W.
43[deg]05'36'' N,
070[deg]45'56'' W.
43[deg]05'29'' N,
070[deg]46'09'' W.
43[deg]04'19'' N,
070[deg]44'16'' W.
43[deg]04'22'' N,
070[deg]42'33'' W.
------------------------------------------------------------------------
6.0 JUNE
------------------------------------------------------------------------
6.1 Bar Harbor Blessing of the Fleet... Event Type: Regatta
and Boat Parade.
Sponsor: Town of Bar
Harbor, Maine.
Date: A one day event
on Sunday during the first
weekend of June. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 12 p.m. to 1
p.m.
Location: The
regulated area includes all
waters of Bar Harbor, Maine
within the following points
(NAD 83):
44[deg]23'32'' N,
068[deg]12'19'' W.
44[deg]23'30'' N,
068[deg]12'00'' W.
44[deg]23'37'' N,
068[deg]12'00'' W.
44[deg]23'35'' N,
068[deg]12'19'' W.
------------------------------------------------------------------------
[[Page 23605]]
6.2 Charlie Begin Memorial Lobster Boat Event Type: Power Boat
Races. Race.
Sponsor: Boothbay
Harbor Lobster Boat Race
Committee.
Date: A one day event
on Saturday during the third
weekend of June. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 10 a.m. to 3
p.m.
Location: The
regulated area includes all
waters of Boothbay Harbor,
Maine in the vicinity of
within John's Island the
following points (NAD 83):
43[deg]50'04'' N,
069[deg]38'37'' W.
43[deg]50'54'' N,
069[deg]38'06'' W.
43[deg]50'49'' N,
069[deg]37'50'' W.
43[deg]50'00'' N,
069[deg]38'20'' W.
------------------------------------------------------------------------
6.3 Rockland Harbor Lobster Boat Races. Event Type: Power Boat
Race.
Sponsor: Rockland
Harbor Lobster Boat Race
Committee.
Date: A one day event
on Sunday during the third
weekend of June. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 9 a.m. to 5 p.m.
Location: The
regulated area includes all
waters of Rockland Harbor,
Maine in the vicinity of the
Rockland Breakwater Light
within the following points
(NAD 83):
44[deg]05'59'' N,
069[deg]04'53'' W.
44[deg]06'43'' N,
069[deg]05'25'' W.
44[deg]06'50'' N,
069[deg]05'05'' W.
44[deg]06'05'' N,
069[deg]04'34'' W.
------------------------------------------------------------------------
6.4 Windjammer Days Parade of Ships.... Event Type: Tall Ship
Parade.
Sponsor: Boothbay
Region Chamber of Commerce.
Date: A one day event
on Wednesday during the last
week of June. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 12 p.m. to 5
p.m.
Location: The
regulated area includes all
waters of Boothbay Harbor,
Maine in the vicinity of
Tumbler's Island within the
following points (NAD 83):
43[deg]51'02'' N,
069[deg]37'33'' W.
43[deg]50'47'' N,
069[deg]37'31'' W.
43[deg]50'23'' N,
069[deg]37'57'' W.
43[deg]50'01'' N,
069[deg]37'45'' W.
43[deg]50'01'' N,
069[deg]38'31'' W.
43[deg]50'25'' N,
069[deg]38'25'' W.
43[deg]50'49'' N,
069[deg]37'45'' W.
------------------------------------------------------------------------
7.0 JULY
------------------------------------------------------------------------
7.1 Moosabec Lobster Boat Races........ Event Type: Power Boat
Race.
Sponsor: Moosabec Boat
Race Committee.
Date: A one day event
held on July 4th. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 10 a.m. to 12:30
p.m.
Location: The
regulated area includes all
waters of Jonesport, Maine
within the following points
(NAD 83):
44[deg]31'21'' N,
067[deg]36'44'' W.
44[deg]31'36'' N,
067[deg]36'47'' W.
44[deg]31'44'' N,
067[deg]35'36'' W.
44[deg]31'29'' N,
067[deg]35'33'' W.
------------------------------------------------------------------------
7.2 The Great Race..................... Event Type: Rowing and
Paddling Boat Race.
Sponsor: Franklin
County Chamber of Commerce.
Date: A one day event
on Sunday during the first
week of September. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 10 a.m. to 12:30
p.m.
Location: The
regulated area includes all
waters of Lake Champlain in
the vicinity of Saint Albans
Bay within the following
points (NAD 83):
44[deg]47'18'' N,
073[deg]10'27'' W.
44[deg]47'10'' N,
073[deg]08'51'' W.
------------------------------------------------------------------------
7.3 Searsport Lobster Boat Races....... Event Type: Power Boat
Race.
Sponsor: Searsport
Lobster Boat Race Committee.
[[Page 23606]]
Date: A one day event
on Saturday during the second
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 9 a.m. to 4 p.m.
Location: The
regulated area includes all
waters of Searsport Harbor,
Maine within the following
points (NAD 83):
44[deg]26'50'' N,
068[deg]55'20'' W.
44[deg]27'04'' N,
068[deg]55'26'' W.
44[deg]27'12'' N,
068[deg]54'35'' W.
44[deg]26'59'' N,
068[deg]54'29'' W.
------------------------------------------------------------------------
7.4 Stonington Lobster Boat Races...... Event Type: Power Boat
Race.
Sponsor: Stonington
Lobster Boat Race Committee.
Date: A one day event
on Saturday during the second
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 a.m. to 3:30
p.m.
Location: The
regulated area includes all
waters of Stonington, Maine
within the following points
(NAD 83):
44[deg]08'55'' N,
068[deg]40'12'' W.
44[deg]09'00'' N,
068[deg]40'15'' W.
44[deg]09'11'' N,
068[deg]39'42'' W.
44[deg]09'07'' N,
068[deg]39'39'' W.
------------------------------------------------------------------------
7.5 Mayor's Cup Regatta................ Event Type: Sailboat
Parade.
Sponsor: Plattsburgh
Sunrise Rotary
Date: A one day event
on Saturday during the second
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 10 a.m. to 4
p.m.
Location: The
regulated area includes all
waters of Cumberland Bay on
Lake Champlain in the vicinity
of Plattsburgh, New York
within the following points
(NAD 83):
44[deg]39'26'' N,
073[deg]26'25'' W.
44[deg]41'27'' N,
073[deg]23'12'' W.
------------------------------------------------------------------------
7.6 The Challenge Race................. Event Type: Rowing and
Paddling Boat Race.
Sponsor: Lake
Champlain Maritime Museum
Date: A one day event
on Saturday during the third
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 11 a.m. to 3
p.m.
Location: The
regulated area includes all
waters of Lake Champlain in
the vicinity of Button Bay
State Park within the
following points (NAD 83):
44[deg]12'25'' N,
073[deg]22'32'' W.
44[deg]12'00'' N,
073[deg]21'42'' W.
44[deg]12'19'' N,
073[deg]21'25'' W.
44[deg]13'16'' N,
073[deg]21'36'' W.
------------------------------------------------------------------------
7.7 Friendship Lobster Boat Races...... Event Type: Power Boat
Race.
Sponsor: Friendship
Lobster Boat Race Committee.
Date: A one day event
on Saturday during the last
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 9:30 a.m. to 3
p.m.
Location: The
regulated area includes all
waters of Friendship Harbor,
Maine within the following
points (NAD 83):
43[deg]57'51'' N,
069[deg]20'46'' W.
43[deg]58'14'' N,
069[deg]19'53'' W.
43[deg]58'19'' N,
069[deg]20'01'' W.
43[deg]58'00'' N,
069[deg]20'46'' W.
------------------------------------------------------------------------
7.8 Arthur Martin Memorial Regatta..... Event Type: Rowing and
Paddling Boat Race.
Sponsor: I Row.
Date: A one day event
on Saturday during the third
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 9 a.m. to 1 p.m.
Location: The
regulated area includes all
waters of the Piscataqua
River, in the vicinity of
Kittery Point, Maine within
the following points (NAD 83):
43[deg]03'51'' N,
070[deg]41'55'' W.
43[deg]04'35'' N,
070[deg]42'18'' W.
43[deg]04'42'' N,
070[deg]43'15'' W.
[[Page 23607]]
43[deg]05'14'' N,
070[deg]43'12'' W.
43[deg]05'14'' N,
070[deg]43'06'' W.
43[deg]04'44'' N,
070[deg]43'11'' W.
43[deg]04'35'' N,
070[deg]42'13'' W.
43[deg]03'53'' N,
070[deg]41'40'' W.
------------------------------------------------------------------------
7.9 Harpswell Lobster Boat Races....... Event Type: Power Boat
Race.
Sponsor: Harpswell
Lobster Boat Race Committee.
Date: A one day event
on Sunday during the last week
of July. The specific calendar
date will be published in the
Federal Register via a Notice
of Enforcement.
Time: 10 a.m. to 3
p.m.
Location: The
regulated area includes all
waters of Potts Harbor, Maine
within the following points
(NAD 83):
43[deg]46'50'' N,
070[deg]01'37'' W.
43[deg]46'50'' N,
070[deg]01'18'' W.
43[deg]46'28'' N,
070[deg]01'36'' W.
43[deg]46'28'' N,
070[deg]01'19'' W.
------------------------------------------------------------------------
8.0 AUGUST
------------------------------------------------------------------------
8.1 Eggemoggin Reach Regatta........... Event Type: Wooden
Boat Parade.
Sponsor: Rockport
Marine, Inc. and Brookline
Boat Yard.
Date: A one day event
on Saturday during the first
week of August. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 11 a.m. to 7
p.m.
Location: The
regulated area includes all
waters of Eggemoggin Reach and
Jericho Bay in the vicinity of
Naskeag Harbor, Maine within
the following points (NAD 83):
44[deg]15'16'' N,
068[deg]36'26'' W.
44[deg]12'41'' N,
068[deg]29'26'' W.
44[deg]07'38'' N,
068[deg]31'30'' W.
44[deg]12'54'' N,
068[deg]33'46'' W.
------------------------------------------------------------------------
8.2 Southport Rowgatta Rowing and Event Type: Rowing and
Paddling Boat Race. Paddling Boat Race.
Sponsor: Boothbay
Region YMCA.
Date: A one day event
on Saturday during the second
week of August. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 a.m. to 3 p.m.
Location: The
regulated area includes all
waters of Sheepscot Bay and
Boothbay, on the shore side of
Southport Island, Maine within
the following points (NAD 83):
43[deg]50'26'' N,
069[deg]39'10'' W.
43[deg]49'10'' N,
069[deg]38'35'' W.
43[deg]46'53'' N,
069[deg]39'06'' W.
43[deg]46'50'' N,
069[deg]39'32'' W.
43[deg]49'07'' N,
069[deg]41'43'' W.
43[deg]50'19'' N,
069[deg]41'14'' W.
43[deg]51'11'' N,
069[deg]40'06'' W.
------------------------------------------------------------------------
8.3 Winter Harbor Lobster Boat Races... Event Type: Power Boat
Race.
Sponsor: Winter Harbor
Chamber of Commerce.
Date: A one day event
on Saturday during the second
week of August. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 9 a.m. to 3 p.m.
Location: The
regulated area includes all
waters of Winter Harbor, Maine
within the following points
(NAD 83):
44[deg]22'06'' N,
068[deg]05'13'' W.
44[deg]23'06'' N,
068[deg]05'08'' W.
44[deg]23'04'' N,
068[deg]04'37'' W.
44[deg]22'05'' N,
068[deg]04'44'' W.
------------------------------------------------------------------------
8.4 Lake Champlain Dragon Boat Festival Event Type: Rowing and
Paddling Boat Race.
Sponsor: Dragonheart
Vermont.
Date: A one day event
on Sunday during the second
week of August. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 7 a.m. to 5 p.m.
Location: The
regulated area includes all
waters of Burlington Bay
within the following points
(NAD 83):
44[deg]28'51'' N,
073[deg]13'28'' W.
44[deg]28'40'' N,
073[deg]13'40'' W.
[[Page 23608]]
44[deg]28'37'' N,
073[deg]13'29'' W.
44[deg]28'40'' N,
073[deg]13'17'' W.
------------------------------------------------------------------------
8.5 Merritt Brackett Lobster Boat Races Event Type: Power Boat
Race.
Sponsor: Town of
Bristol, Maine.
Date: A one day event
on Sunday during the second
week of August. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcements.
Time: 10 a.m. to 3
p.m.
Location: The
regulated area includes all
waters of Pemaquid Harbor,
Maine within the following
points (NAD 83):
43[deg]52'16'' N,
069[deg]32'10'' W.
43[deg]52'41'' N,
069[deg]31'43'' W.
43[deg]52'35'' N,
069[deg]31'29'' W.
43[deg]52'09'' N,
069[deg]31'56'' W.
------------------------------------------------------------------------
8.6 Multiple Sclerosis Regatta......... Event Type: Regatta
and Sailboat Race.
Sponsor: Maine
Chapter, Multiple Sclerosis
Society.
Date: A one day event
on Saturday during the third
week of August. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 10 a.m. to 4
p.m.
Location: The
regulated area for the start
of the race includes all
waters of Casco Bay, Maine in
the vicinity of Peaks Island
within the following points
(NAD 83):
43[deg]40'24'' N,
070[deg]14'20'' W.
43[deg]40'36'' N,
070[deg]13'56'' W.
43[deg]39'58'' N,
070[deg]13'21'' W.
43[deg]39'46'' N,
070[deg]13'51'' W.
------------------------------------------------------------------------
8.7 Multiple Sclerosis Harborfest Event Type: Power Boat
Tugboat Race. Race.
Sponsor: Maine
Chapter, National Multiple
Sclerosis Society.
Date: A one day event
on Sunday during the third
week of August. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 10 a.m. to 3
p.m.
Location: The
regulated area includes all
waters of Portland Harbor,
Maine in the vicinity of Maine
State Pier within the
following points (NAD 83):
43[deg]40'25'' N,
070[deg]14'21'' W.
43[deg]40'36'' N,
070[deg]13'56'' W.
43[deg]39'58'' N,
070[deg]13'21'' W.
43[deg]39'47'' N,
070[deg]13'51'' W.
------------------------------------------------------------------------
9.0 SEPTEMBER
------------------------------------------------------------------------
9.1 Pirates Festival Lobster Boat Races Event Type: Power Boat
Race.
Sponsor: Eastport
Pirates Festival.
Date: A one day event
on Sunday during the second
weekend of September. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 11 a.m. to 6
p.m.
Location: The
regulated area includes all
waters in the vicinity of
Eastport Harbor, Maine within
the following points (NAD 83):
44[deg]54'14'' N,
066[deg]58'52'' W.
44[deg]54'14'' N,
068[deg]58'56'' W.
44[deg]54'24'' N,
066[deg]58'52'' W.
44[deg]54'24'' N,
066[deg]58'56'' W.
------------------------------------------------------------------------
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for Part 165 reads as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 33 CFR 1.05-1, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
0
4. Revise Sec. 165.171 to read as follows:
Sec. 165.171 Safety Zones for fireworks displays and swim events held
in Coast Guard Sector Northern New England Captain of the Port Zone.
The Coast Guard is establishing safety zones for the fireworks
displays listed in the Table to Sec. 165.171. These regulations will
be enforced for the duration of each event, on or about the dates
indicated in the Table to Sec. 165.171. Mariners should consult their
Local Notice to Mariners to remain apprised of the specific calendar
date upon which the listed event falls for each calendar year and other
specific information concerning the event. First Coast Guard District
Local Notice to Mariners can be found at: https://www.navcen.uscg.gov/.
The Sector Northern New England Marine Events schedule can also be
viewed electronically at www.homeport.uscg.mil.
[[Page 23609]]
Note to introductory text of Sec. 165.171: Although listed in the
Code of Federal Regulations, sponsors of events listed in the Table to
Sec. 165.171 shall submit an application each year in accordance with
33 CFR 100.15.
(a) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.'' The ``official patrol vessels'' may consist of any Coast
Guard, Coast Guard Auxiliary, state, or local law enforcement vessels
assigned or approved by the Captain of the Port, Sector Northern New
England.
(b) Vessels may not transit the regulated areas without Patrol
Commander approval. Vessels permitted to transit must operate at a no
wake speed, in a manner which will not endanger participants or other
crafts in the event.
(c) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by an official patrol vessel.
(d) The Patrol Commander may control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall come to an immediate stop and comply with the
lawful directions issued. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.
(e) The Patrol Commander may delay or terminate any event in this
subpart at any time to assure safety. Such action may be justified as a
result of weather, traffic density, spectator operation or participant
behavior.
(f) For all swim events listed, vessels not associated with the
event shall maintain a separation zone of 200 feet from participating
swimmers.
(g) For all fireworks displays listed below, the regulated area is
that area of navigable waters within a 350 yard radius of the launch
platform or launch site for each fireworks display.
(h) The specific calendar date upon which the listed event falls
will be published in the Federal Register.
Table to Sec. 165.171
------------------------------------------------------------------------
------------------------------------------------------------------------
5.0.................................... MAY
------------------------------------------------------------------------
5.1 Hawgs, Pies, & Fireworks........... Event Type: Fireworks
Display.
Sponsor: Gardiner
Maine Street.
Date: One night event
on Saturday during the last
week of May. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10
p.m.
Location: In the
vicinity of the Gardiner
Waterfront, Gardiner, Maine in
approximate position:
44[deg]13'52'' N,
069[deg]46'08'' W (NAD 83).
------------------------------------------------------------------------
6.0 JUNE
------------------------------------------------------------------------
6.1 Rotary Waterfront Days Fireworks... Event Type: Fireworks
Display.
Sponsor: Gardiner
Rotary.
Date: Two night event
on Wednesday and Saturday
during the third week of June.
The specific calendar dates
will be published in the
Federal Register via a Notice
of Enforcement.
Time: 8 p.m. to 10
p.m.
Location: In the
vicinity of the Gardiner
Waterfront, Gardiner, Maine in
approximate position:
44[deg]13'52'' N,
069[deg]46'08'' W (NAD 83).
------------------------------------------------------------------------
6.2 Windjammer Days Fireworks.......... Event Type: Fireworks
Display.
Sponsor: Boothbay
Harbor Region Chamber of
Commerce.
Date: One night event
on Wednesday during the last
week of June. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10:30
p.m.
Location: In the
vicinity of McFarland Island,
Boothbay Harbor, Maine in
approximate position:
43[deg]50'38'' N,
069[deg]37'57'' W (NAD 83).
------------------------------------------------------------------------
7.0 JULY
------------------------------------------------------------------------
7.1 Vinalhaven 4th of July Fireworks... Event Type: Firework
Display.
Sponsor: Vinalhaven
4th of July Committee.
Date: First Saturday
in July. The specific calendar
date will be published in the
Federal Register via a Notice
of Enforcement.
Time: 8 p.m. to 10:30
p.m.
Location: In the
vicinity of Grime's Park,
Vinalhaven, Maine in
approximate position:
44[deg]02'34'' N,
068[deg]50'26'' W (NAD 83).
------------------------------------------------------------------------
7.2 Burlington Independence Day Event Type: Firework
Fireworks. Display.
Sponsor: City of
Burlington, Vermont.
Date: July 3rd. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 9 p.m. to 11
p.m.
[[Page 23610]]
Location: From a barge
in the vicinity of Burlington
Harbor, Burlington, Vermont in
approximate position:
44[deg]28'31'' N,
073[deg]13'31'' W (NAD 83).
------------------------------------------------------------------------
7.3 Camden 3rd of July Fireworks....... Event Type: Fireworks
Display.
Sponsor: Camden,
Rockport, Lincolnville Chamber
of Commerce.
Date: July 3rd. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10
p.m.
Location: In the
vicinity of Camden Harbor,
Maine in approximate position:
44[deg]12'32'' N,
069[deg]02'58'' W (NAD 83).
------------------------------------------------------------------------
7.4 Bangor 4th of July Fireworks....... Event Type: Fireworks
Display.
Sponsor: Bangor 4th of
July Fireworks.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10:30
p.m.
Location: In the
vicinity of the Bangor
Waterfront, Bangor, Maine in
approximate position:
44[deg]47'27'' N,
068[deg]46'31'' W (NAD 83).
------------------------------------------------------------------------
7.5 Bar Harbor 4th of July Fireworks... Event Type: Fireworks
Display.
Sponsor: Bar Harbor
Chamber of Commerce.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10:30
p.m.
Location: In the
vicinity of Bar Harbor Town
Pier, Bar Harbor, Maine in
approximate position:
44[deg]23'31'' N,
068[deg]12'15'' W (NAD 83).
------------------------------------------------------------------------
7.6 Boothbay Harbor 4th of July Event Type: Fireworks
Fireworks. Display.
Sponsor: Town of
Boothbay Harbor.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.1 Local Notice to
Mariners.
Time: 8 p.m. to 10:30
p.m.
Location: In the
vicinity of McFarland Island,
Boothbay Harbor, Maine in
approximate position:
43[deg]50'38'' N,
069[deg]37'57'' W (NAD 83).
------------------------------------------------------------------------
7.7 Colchester 4th of July Fireworks... Event Type: Fireworks
Display.
Sponsor: Town of
Colchester, Recreation
Department.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10
p.m.
Location: In the
vicinity of Bayside Beach and
Mallets Bay in Colchester,
Vermont at approximate
position:
44[deg]32'44'' N,
073[deg]13'10'' W (NAD 83).
------------------------------------------------------------------------
7.8 Eastport 4th of July Fireworks..... Event Type: Fireworks
Display.
Sponsor: Eastport 4th
of July Committee.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 9 p.m. to 9:30
p.m.
Location: From the
Waterfront Public Pier in
Eastport, Maine at approximate
position:
44[deg]54'25'' N,
066[deg]58'55'' W (NAD 83).
------------------------------------------------------------------------
7.9 Ellis Short Sand Park Trustee Event Type: Fireworks
Fireworks. Display.
Sponsor: William
Burnham.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8:30 p.m. to 11
p.m.
Location: In the
vicinity of York Beach, Maine
in approximate position:
43[deg]10'27'' N,
070[deg]48'31'' W (NAD 83).
------------------------------------------------------------------------
7.10 Hampton Beach 4th of July Event Type: Fireworks
Fireworks. Display.
Sponsor: Hampton Beach
Village District.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8:30 p.m. to 11
p.m.
Location: In the
vicinity of Hampton Beach, New
Hampshire in approximate
position:
[[Page 23611]]
42[deg]54'40'' N,
070[deg]36'25'' W (NAD 83).
------------------------------------------------------------------------
7.11 Jonesport 4th of July Fireworks... Event Type: Fireworks
Display.
Sponsor: Jonesport 4th
of July Committee.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 9:30 p.m. to 10
p.m.
Location: In the
vicinity of Beals Island,
Jonesport, Maine in
approximate position:
44[deg]31'18'' N,
067[deg]36'43'' W (NAD 83)
------------------------------------------------------------------------
7.12 Main Street Heritage Days 4th of Event Type: Fireworks
July Fireworks. Display.
Sponsor: Main Street
Inc.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10:30
p.m.
Location: In the
vicinity of Reed and Reed Boat
Yard, Woolwich, Maine in
approximate position:
43[deg]54'56'' N,
069[deg]48'16'' W (NAD 83).
------------------------------------------------------------------------
7.13 Portland Harbor 4th of July Event Type: Fireworks
Fireworks. Display.
Sponsor: Department of
Parks and Recreation,
Portland, Maine.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8:30 p.m. to
10:30 p.m.
Location: In the
vicinity of East End Beach,
Portland, Maine in approximate
position:
43[deg]40'16'' N,
070[deg]14'44'' W (NAD 83).
------------------------------------------------------------------------
7.14 St. Albans Day Fireworks.......... Event Type: Fireworks
Display.
Sponsor: St. Albans
Area Chamber of Commerce.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 9 p.m. to 10
p.m.
Location: From the St.
Albans Bay dock in St. Albans
Bay, Vermont in the
approximate position:
44[deg]48'25'' N,
073[deg]08'23'' W (NAD 83).
------------------------------------------------------------------------
7.15 Stonington 4th of July Fireworks.. Event Type: Fireworks
Display.
Sponsor: Deer Isle--
Stonington Chamber of
Commerce.
Date: July 4th. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10:30
p.m.
Location: In the
vicinity of Two Bush Island,
Stonington, Maine in
approximate position:
44[deg]08'57'' N,
068[deg]39'54'' W (NAD 83).
------------------------------------------------------------------------
7.16 Urban/EPIC Triathlon.............. Event Type: Swim
Event.
Sponsor: Tri-Maine
Productions.
Date: A one day event
on Saturday during the second
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 7 a.m. to 11
a.m.
Location: The
regulated area includes all
waters of Portland Harbor in
the vicinity of East End Beach
in Portland, Maine within the
following points (NAD 83):
43[deg]40'00'' N,
070[deg]14'20'' W.
43[deg]40'00'' N,
070[deg]14'00'' W.
43[deg]40'15'' N,
070[deg]14'29'' W.
43[deg]40'17'' N,
070[deg]13'22'' W.
------------------------------------------------------------------------
7.17 Tri for a Cure Swim Clinics....... Event Type: Swim
Event.
Sponsor: Maine Cancer
Foundation.
Date: A two day event
held on third Sunday and
Thursday in July. The specific
calendar dates will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 12:30 p.m. to
7:30 p.m.
Location: The
regulated area includes all
waters of Portland Harbor,
Maine in the vicinity of
Spring Point Light within the
following points (NAD 83):
43[deg]39'01'' N,
070[deg]13'32'' W.
43[deg]39'07'' N,
070[deg]13'29'' W.
43[deg]39'06'' N,
070[deg]13'41'' W.
43[deg]39'01'' N,
070[deg]13'36'' W.
------------------------------------------------------------------------
[[Page 23612]]
7.18 Richmond Days Fireworks........... Event Type: Fireworks
Display.
Sponsor: Town of
Richmond, Maine.
Date: A one day event
on Saturday during the fourth
weekend of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10
p.m.
Location: From a barge
in the vicinity of the inner
harbor, Tenants Harbor, Maine
in approximate position:
44[deg]08'42'' N,
068[deg]27'06'' W (NAD 83).
------------------------------------------------------------------------
7.19 Colchester Triathlon.............. Event Type: Swim
Event.
Sponsor: Colchester
Parks and Recreation
Department.
Date: A one day event
on Wednesday during the last
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 7 a.m. to 11
a.m.
Location: The
regulated area includes all
waters of Malletts Bay on Lake
Champlain, Vermont within the
following points (NAD 83):
44[deg]32'18'' N,
073[deg]12'35'' W.
44[deg]32'28'' N,
073[deg]12'56'' W.
44[deg]32'57'' N,
073[deg]12'38'' W.
------------------------------------------------------------------------
7.20 Peaks to Portland Swim............ Event Type: Swim
Event.
Sponsor: Cumberland
County YMCA.
Date: A one day event
on Saturday during the last
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 5 a.m. to 1 p.m.
Location: The
regulated area includes all
waters of Portland Harbor
between Peaks Island and East
End Beach in Portland, Maine
within the following points
(NAD 83):
43[deg]39'20'' N,
070[deg]11'58'' W.
43[deg]39'45'' N,
070[deg]13'19'' W.
43[deg]40'11'' N,
070[deg]14'13'' W.
43[deg]40'08'' N,
070[deg]14'29'' W.
43[deg]40'00'' N,
070[deg]14'23'' W.
43[deg]39'34'' N,
070[deg]13'31'' W.
43[deg]39'13'' N,
070[deg]11'59'' W.
------------------------------------------------------------------------
7.21 Friendship Days Fireworks......... Event Type: Fireworks
Display.
Sponsor: Town of
Friendship.
Date: A one day event
on Saturday during the last
weekend of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10:30
p.m.
Location: In the
vicinity of the Town Pier,
Friendship Harbor, Maine in
approximate position:
43[deg]58'23'' N,
069[deg]20'12'' W (NAD 83).
------------------------------------------------------------------------
7.22 Champ Chum Swim................... Event Type: Swim
Event.
Sponsor: Against
Malaria Foundation.
Date: A one day event
on Saturday during the last
week of July. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 a.m. to 12
p.m.
Location: The
regulated area includes all
waters of Lake Champlain
between Thompson's Point,
Vermont and Spilt Rock in
Adirondack Park, New York
within the following points
(NAD 83):
44[deg]16'04'' N,
073[deg]18'19'' W.
44[deg]16'08'' N,
073[deg]19'17'' W.
------------------------------------------------------------------------
8.0 AUGUST
------------------------------------------------------------------------
8.1 Sprucewold Cabbage Island Swim..... Event Type: Swim
Event.
Sponsor: Sprucewold
Association.
Date: A one day event
on Saturday during the first
week of August. The specific
calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 1 p.m. to 6 p.m.
Location: The
regulated area includes all
waters of Linekin Bay between
Cabbage Island and Sprucewold
Beach in Boothbay Harbor,
Maine within the following
points (NAD 83):
43[deg]50'37'' N,
069[deg]36'23'' W.
43[deg]50'37'' N,
069[deg]36'59'' W.
43[deg]50'16'' N,
069[deg]36'46'' W.
[[Page 23613]]
43[deg]50'22'' N,
069[deg]36'21'' W.
------------------------------------------------------------------------
8.2 Westerlund's Landing Party Event Type: Fireworks
Fireworks. Display.
Sponsor: Portside
Marina.
Date: A one day event
on Saturday during the first
weekend of August. The
specific calendar date will be
published in the Federal
Register via a Notice of
Enforcement.
Time: 8 p.m. to 10:30
p.m.
