Special Local Regulations and Safety Zones; Marine Events in Northern New England, 34887-34892 [2013-13757]

Download as PDF Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations this regulation. This notice is issued under authority of 33 CFR 100.701 and 5 U.S.C. 552(a). The Coast Guard will provide notice of the regulated areas by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. Dated: May 6, 2013. M.F. White, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2013–13765 Filed 6–10–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Table of Acronyms Coast Guard COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LIS Long Island Sound NPRM Notice of Proposed Rulemaking 33 CFR Parts 100 and 165 [Docket No. USCG–2012–1057] RIN 1625–AA08; 1625–AA00 Special Local Regulations and Safety Zones; Marine Events in Northern New England Coast Guard, DHS. Temporary final rule. AGENCY: wreier-aviles on DSK5TPTVN1PROD with RULES ACTION: SUMMARY: The Coast Guard is establishing three temporary special local regulations for marine regattas and fifteen temporary safety zones for fireworks displays and swim events within the Captain of the Port (COTP) Northern New England (NNE) Zone. This action is necessary to provide for the safety of life on navigable waters during these events. Entry into, transit through, mooring or anchoring within these zones is prohibited unless authorized by the COTP Sector Northern New England. DATES: This rule will be enforced with actual notice from May 24, 2013, until June 11, 2013. This rule is effective in the Code of Federal Regulations from June 11, 2013 until July 5, 2013. This rule will be enforced during the specific dates and times listed in Table to § 100.T01–1057 and Table to § 165.T01– 1057. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–1057]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West VerDate Mar<15>2010 15:08 Jun 10, 2013 Building, 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 Ensign Elizabeth Morris, Waterways Management Division at Coast Guard Sector Northern New England, telephone 207–767–0398, email Elizabeth.V.Morris@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Jkt 229001 A. Regulatory History and Information On March 22, 2013, the Coast Guard provided the public with notice and an opportunity to comment when it published a notice of proposed rulemaking (NPRM) titled, ‘‘Special Local Regulations and Safety Zones; Recurring Events in Northern New England,’’ in the Federal Register. (78 FR 17613). The comment period ended on May 21, 2013, with no comments. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. There is insufficient time to undergo a 30 day delayed effective date and thus it is impracticable. Any delay encountered in this regulation’s effective date would also be contrary to public interest since immediate action is needed to provide for the safety of life and property on navigable waters from the hazardous nature of fireworks, high speed power boat races, and large gatherings of swimmers in the waterway. B. Basis and Purpose The legal basis for this temporary rule is 33 U.S.C. 1231, 1233; 46 U.S.C. chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Public Law 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define regulatory safety zones and regulated areas. This rulemaking establishes special local regulations for power boat races and marine parades and safety zones for marine events involving fireworks displays and swim events on the PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 34887 navigable waters of the COTP Sector NNE Zone. This rule is necessary to protect waterway users from the dangers inherent to these activities. C. Discussion of the Final Rule This temporary rule establishes special local regulations and safety zones for eighteen events in the COTP Sector NNE Zone. Specific event names, locations, dates and times are listed below in the regulation text. Because large numbers of spectator vessels are expected to congregate around the location of these events, these regulated areas are needed to protect both spectators and participants from the safety hazards created by them including vessels operating at high speeds and unexpected pyrotechnics detonation and burning debris. This rule prevents vessels from entering, transiting, mooring or anchoring within areas specifically designated as regulated areas during the periods of enforcement unless authorized by the COTP or designated representative. The Coast Guard has determined that these regulated areas will not have a significant impact on vessel traffic due to their temporary nature, limited size, and the fact that vessels are allowed to transit the navigable waters outside of the regulated areas. The COTP will cause public notifications to be made by all appropriate means including but not limited to the Local Notice to Mariners and Broadcast Notice to Mariners. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. 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. The Coast Guard determined that this rule is not a significant regulatory action for the following reasons: The regulated areas will be of limited duration and cover only a small portion of the navigable waterways. Furthermore, vessels may transit the navigable E:\FR\FM\11JNR1.SGM 11JNR1 34888 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations waterways outside of the regulated areas. Vessels requiring entry into the regulated areas may be authorized to do so by the COTP or designated representative. Advanced public notifications will also be made to the local maritime community by the Local Notice to Mariners as well as Broadcast Notice to Mariners. wreier-aviles on DSK5TPTVN1PROD with RULES 2. Impact on 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. The owners or operators of vessels intending to transit or anchor in the designated regulated areas during the enforcement periods stated for each event listed below in the List of Subjects. The temporary special local regulations and safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: the regulated areas will be of limited size and of short duration, and vessels that can safely do so may navigate in all other portions of the waterways except for the areas designated as regulated areas. Additionally, notifications will be made before the effective period by all appropriate means, including but not limited to the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. 3. 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. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman VerDate Mar<15>2010 15:08 Jun 10, 2013 Jkt 229001 and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. 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. 6. 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. 7. 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. 8. 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. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. 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. 11. 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. 12. 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. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 determined that 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 involves the establishment of safety zones. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination 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. E:\FR\FM\11JNR1.SGM 11JNR1 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 33 CFR Part 165 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Parts 100 and 165 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for Part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add § 100.T01–1057 to read as follows: ■ § 100.T01–1057 Special Local Regulations; Marine Events in Northern New England. (a) Regulations. The general regulations contained in 33 CFR 100.120 as well as the following regulations apply to the events listed in the TABLE to § 100.T01–1057. These regulations will be enforced for the duration of each event. (b) Enforcement Period. This rule will be enforced on the dates and times listed for each event in TABLE to § 100.T01–1057. (c) Definitions. The following definitions apply to this section: (1) Designated Representative. A ‘‘designated representative’’ is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (d) Spectators desiring to enter or operate within the regulated areas should contact the COTP or the designated representative via VHF channel 16 or by telephone at (207) 767–0303 to obtain permission to do so. 34889 Spectators given permission to enter or operate in the regulated area must comply with all directions given to them by the COTP Sector Northern New England or the designated on-scene representative. (e) Upon being hailed by an official patrol vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both. (f) For all power boat races listed, vessels operating within the regulated area must be at anchor within a designated spectator area or moored to a waterfront facility in a way that will not interfere with the progress of the event. (g) For all regattas and boat parades listed, spectator vessels operating within the regulated area shall maintain a separation of at least 50 yards from the participants. (h) For all rowing and paddling boat races listed, vessels not associated with the event shall maintain a separation of at least 50 yards from the participants. TABLE TO § 100.T01–1057 JUNE • • • • • Event Type: Power Boat Race. Sponsor: Boothbay Harbor Lobster Boat Race Committee. Date: June 15, 2013. Time: 9:00 am to 3:00 pm. Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of John’s Island within the following points (NAD 83): 43°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. Rockland Harbor Lobster Boat Races .......................................... • • • • • Event Type: Power Boat Race. Sponsor: Rockland Harbor Lobster Boat Race Committee. Date: June 16, 2013. Time: 9:00 am to 4:00 pm. Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of the Rockland Breakwater Light within the following points (NAD 83): 44°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. Windjammer Days Parade of Ships ............................................. wreier-aviles on DSK5TPTVN1PROD with RULES Charlie Begin Memorial Lobster Boat Races ............................... • • • • • Event Type: Tall Ship Parade. Sponsor: Boothbay Region Chamber of Commerce. Date: June 26, 2013. Time: 1:00 pm to 5:00 pm. Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of Tumbler’s Island within the following points (NAD 83): 43°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. VerDate Mar<15>2010 15:08 Jun 10, 2013 Jkt 229001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 34890 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 3. The authority citation for Part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1. 4. Add § 165.T01–1057 to read as follows: ■ § 165.T01–1057 Safety Zones; Marine Events in Northern New England. (a) Regulations. The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the events listed in the TABLE of § 165.T01–1057. These regulations will be enforced for the duration of each event. (b) Enforcement Period. This rule will be enforced from on the dates and times listed for each event in TABLE of § 165.T01–1057. (c) Definitions. The following definitions apply to this section: (1) Designated Representative. A ‘‘designated representative’’ is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (d) Spectators desiring to enter or operate within the regulated areas should contact the COTP or the designated representative via VHF channel 16 or by telephone at (207) 767–0303 to obtain permission to do so. Spectators given permission to enter or operate in the regulated area must comply with all directions given to them by the COTP Sector Northern New England or the designated on-scene representative. (e) Upon being hailed by an official patrol vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both. (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. TABLE TO § 165.T01–1057 MAY Ride Into Summer (formerly known as Hawgs, Pies, & Fireworks) ........ • • • • • Event Type: Fireworks Display. Sponsor: Gardiner Maine Street. Date: May 25, 2013. Time: 8:00 p.m. to 10:30 p.m. Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine in approximate position: 44°13′43″ N, 069°46′04″ W (NAD 83). JUNE • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Dates and Times: June 19, 2013 4:30 p.m. to 8:30 p.m. June 22, 2013 7:30 a.m. to 11:30 a.m. July 1, 2013 4:00 p.m. to 8:00 p.m. July 13, 2013 11:30 a.m. to 3:30 p.m. July 21, 2013 7:00 a.m. to 11:00 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. Rotary Waterfront Days Fireworks ........................................................... • • • • • Event Type: Fireworks Display. Sponsor: Gardiner Rotary. Date: June 22, 2013. Time: 8:00 p.m. to 10:00 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). Windjammer Days Fireworks ................................................................... wreier-aviles on DSK5TPTVN1PROD with RULES Tri for a Cure Swim Clinics and Triathlon ................................................ • • • • • Event Type: Fireworks Display. Sponsor: Boothbay Harbor Region Chamber of Commerce. Date: June 26, 2013. Time: 8:00 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). Jonesport 4th of July Fireworks ............................................................... • Event Type: Fireworks Display. • Sponsor: Jonesport 4th of July Committee. VerDate Mar<15>2010 15:08 Jun 10, 2013 Jkt 229001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 34891 TABLE TO § 165.T01–1057—Continued • Date: June 29, 2013. • Time: 8:30 p.m. to 11:00 p.m. • Location: In the vicinity of Beals Island, Jonesport, Maine in approximate position: 44°31′18″ N, 067°36′43″ W (NAD 83). JULY • • • • • Camden 4th of July Fireworks (Formerly Camden 3rd of July Fireworks). • Event Type: Fireworks Display. • Sponsor: Penobscot Bay Regional Chamber of Commerce (Formerly Camden, Rockport, Lincolnville Chamber of Commerce). • Date: July 4, 2013. • Time: 8:15 p.m. to 10:45 p.m. • Location: In the vicinity of Camden Harbor, Maine in approximate position: 44°12′32″ N, 069°02′58″ W (NAD 83). Bangor 4th of July Fireworks ................................................................... • • • • • Event Type: Fireworks Display. Sponsor: Bangor 4th of July Fireworks. Date: July 4, 2013. Time: 8:30 p.m. to 11:00 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). Bar Harbor 4th of July Fireworks ............................................................. • • • • • • Event Type: Fireworks Display. Sponsor: Bar Harbor Chamber of Commerce. Date: July 4, 2013. Rain date: July 5, 2013. Time: 8:00 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). Boothbay Harbor 4th of July Fireworks .................................................... • • • • • Event Type: Fireworks Display. Sponsor: Town of Boothbay Harbor. Date: July 4, 2013. Time: 8:00 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). Colchester 4th of July Fireworks .............................................................. • • • • • • Event Type: Fireworks Display. Sponsor: Town of Colchester, Recreation Department. Date: July 4, 2013. Rain Date: July 5, 2013. Time: 8:00 p.m. to 10:30 p.m. Location: In the vicinity of Bayside Beach and Mallets Bay in Colchester, Vermont in approximate position: 44°32′44″ N, 073°13′10″ W (NAD 83). Eastport 4th of July Fireworks .................................................................. • • • • • Event Type: Fireworks Display. Sponsor: Eastport 4th of July Committee. Date: July 4, 2013. Time: 8:00 p.m. to 10:30 p.m. Location: From the Waterfront Public Pier in Eastport, Maine in approximate position: 44°54′25″ N, 066°58′55″ W (NAD 83). Portland Harbor 4th of July Fireworks ..................................................... wreier-aviles on DSK5TPTVN1PROD with RULES Burlington Independence Day Fireworks Complete ................................. • • • • • • Event Type: Fireworks Display. Sponsor: Department of Parks and Recreation, Portland, Maine. Date: July 4, 2013. Rain date: July 5, 2013. 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). Stonington 4th of July Fireworks .............................................................. • • • • • Event Type: Fireworks Display. Sponsor: Deer Isle—Stonington Chamber of Commerce. Date: July 4, 2013. Rain Date: July 5, 2013. Time: 8:00 p.m. to 10:30 p.m. VerDate Mar<15>2010 15:08 Jun 10, 2013 Jkt 229001 PO 00000 Frm 00025 Fmt 4700 Event Type: Firework Display. Sponsor: City of Burlington, Vermont. Date: July 3, 2013. Time: 8:00 p.m. to 10:30 p.m. 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). Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 34892 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations TABLE TO § 165.T01–1057—Continued • Location: In the vicinity of Two Bush Island, Stonington, Maine in approximate position: 44°08′57″ N, 068°39′54″ W (NAD 83). Ellis Short Sand Park Trustee Fireworks ................................................. Dated: May 24, 2013. B.S. Gilda, Captain, U.S. Coast Guard, Acting Captain of the Port Sector Northern New England. [FR Doc. 2013–13757 Filed 6–10–13; 8:45 a.m.] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2013–0394] Drawbridge Operation Regulation; Elizabeth River, Eastern Branch, Norfolk, VA Coast Guard, DHS. ACTION: Notice of deviation from drawbridge regulations. AGENCY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the Norfolk Southern #5 Railroad Bridge, across the Elizabeth River Eastern Branch, mile 1.1, Norfolk, VA. This deviation is necessary to facilitate thermite welding on rail joints on the Norfolk Southern #5 Railroad drawbridge. This temporary deviation allows the drawbridge to remain in the closed to navigation position. DATES: This deviation is effective from 11 a.m. on July 8, 2013 to 1 p.m. July 16, 2013. ADDRESSES: The docket for this deviation, [USCG–2013–0394] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary wreier-aviles on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:08 Jun 10, 2013 Jkt 229001 • • • • • Event Type: Fireworks Display. Sponsor: William. Burnham. Date: July 5, 2013. Time: 8:30 p.m. to 11:30 p.m. Location: In the vicinity of York Beach, Maine in approximate position: 43°10′27″ N, 070°36′25″ W (NAD 83). deviation, call or email Mr. Jim Rousseau, Bridge Administration Branch Fifth District, Coast Guard; telephone (757) 398–6557, email James. L.Rousseau2@uscg.mil. If you have questions on reviewing the docket, call Barbara Hairston, Program Manager, Docket Operations, 202–366–9826. SUPPLEMENTARY INFORMATION: The Norfolk Southern Corporation, who owns and operates this drawbridge, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.5 to facilitate thermite welding on the rails. Under the regular operating schedule, the Norfolk Southern #5 Railroad Bridge, mile 1.1, in Norfolk, VA, the draw must open promptly and fully for the passage of vessels when a request or signal to open is given. The draw normally is open and only closes for train crossings or periodic maintenance. The Norfolk Southern #5 Railroad Bridge, at mile 1.1, across the Elizabeth River (Eastern Branch) in Norfolk, VA, has a vertical clearance in the closed position to vessels of 6 feet above mean high water. Under this temporary deviation, the drawbridge will be maintained in the closed to navigation position from 11 a.m. to 1 p.m. on July 8, 9, 10, 15 and 16, 2013 the bridge will operate under normal operating schedule at all other times. The bridge normally operates in the open position with several vessels transiting a week and only closes when trains transit. Emergency openings cannot be provided. There are no alternate routes for vessels transiting this section of the Elizabeth River Eastern Branch but vessels may pass before 11 a.m. and after 1 p.m. The Elizabeth River Eastern Branch is used by a variety of vessels including military, tugs, commercial, and recreational vessels. The Coast Guard has carefully coordinated the restrictions with these waterway users. The Coast Guard will also inform additional waterway users through our Local and Broadcast Notice to Mariners of the closure periods for the bridge so that vessels can arrange their transits to minimize any impacts caused by the PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 temporary deviation. Mariners able to pass under the bridge in the closed position may do so at any time and are advised to proceed with caution. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: May 30, 2013. Waverly W. Gregory, Jr., Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2013–13759 Filed 6–10–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2013–0411] Drawbridge Operation Regulation; Middle River, Near Stockton, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: SUMMARY: The Coast Guard has issued a temporary deviation from the operating regulation that governs the Bacon Island Drawbridge across Middle River, mile 8.6, near Stockton, CA. The deviation is to allow San Joaquin County Public Works Department to perform structural maintenance work to the bridge. This deviation allows the bridge to remain in the closed-to-navigation position during the repairs. DATES: This deviation is effective from 12:01 a.m. on September 30, 2013 to 11:59 p.m. on October 31, 2013. ADDRESSES: The docket for this deviation, [USCG–2013–0411], is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management E:\FR\FM\11JNR1.SGM 11JNR1

Agencies

[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34887-34892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13757]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2012-1057]
RIN 1625-AA08; 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing three temporary special local 
regulations for marine regattas and fifteen temporary safety zones for 
fireworks displays and swim events within the Captain of the Port 
(COTP) Northern New England (NNE) Zone. This action is necessary to 
provide for the safety of life on navigable waters during these events. 
Entry into, transit through, mooring or anchoring within these zones is 
prohibited unless authorized by the COTP Sector Northern New England.

DATES: This rule will be enforced with actual notice from May 24, 2013, 
until June 11, 2013. This rule is effective in the Code of Federal 
Regulations from June 11, 2013 until July 5, 2013. This rule will be 
enforced during the specific dates and times listed in Table to Sec.  
100.T01-1057 and Table to Sec.  165.T01-1057.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-1057]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ensign Elizabeth Morris, Waterways Management Division at 
Coast Guard Sector Northern New England, telephone 207-767-0398, email 
Elizabeth.V.Morris@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On March 22, 2013, the Coast Guard provided the public with notice 
and an opportunity to comment when it published a notice of proposed 
rulemaking (NPRM) titled, ``Special Local Regulations and Safety Zones; 
Recurring Events in Northern New England,'' in the Federal Register. 
(78 FR 17613). The comment period ended on May 21, 2013, with no 
comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. There is insufficient time to 
undergo a 30 day delayed effective date and thus it is impracticable. 
Any delay encountered in this regulation's effective date would also be 
contrary to public interest since immediate action is needed to provide 
for the safety of life and property on navigable waters from the 
hazardous nature of fireworks, high speed power boat races, and large 
gatherings of swimmers in the waterway.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231, 1233; 46 
U.S.C. chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define regulatory safety 
zones and regulated areas.
    This rulemaking establishes special local regulations for power 
boat races and marine parades and safety zones for marine events 
involving fireworks displays and swim events on the navigable waters of 
the COTP Sector NNE Zone. This rule is necessary to protect waterway 
users from the dangers inherent to these activities.

C. Discussion of the Final Rule

    This temporary rule establishes special local regulations and 
safety zones for eighteen events in the COTP Sector NNE Zone. Specific 
event names, locations, dates and times are listed below in the 
regulation text.
    Because large numbers of spectator vessels are expected to 
congregate around the location of these events, these regulated areas 
are needed to protect both spectators and participants from the safety 
hazards created by them including vessels operating at high speeds and 
unexpected pyrotechnics detonation and burning debris.
    This rule prevents vessels from entering, transiting, mooring or 
anchoring within areas specifically designated as regulated areas 
during the periods of enforcement unless authorized by the COTP or 
designated representative.
    The Coast Guard has determined that these regulated areas will not 
have a significant impact on vessel traffic due to their temporary 
nature, limited size, and the fact that vessels are allowed to transit 
the navigable waters outside of the regulated areas. The COTP will 
cause public notifications to be made by all appropriate means 
including but not limited to the Local Notice to Mariners and Broadcast 
Notice to Mariners.

D. Regulatory Analyses

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

1. 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.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The regulated areas will 
be of limited duration and cover only a small portion of the navigable 
waterways. Furthermore, vessels may transit the navigable

[[Page 34888]]

waterways outside of the regulated areas. Vessels requiring entry into 
the regulated areas may be authorized to do so by the COTP or 
designated representative.
    Advanced public notifications will also be made to the local 
maritime community by the Local Notice to Mariners as well as Broadcast 
Notice to Mariners.

2. Impact on 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.
    The owners or operators of vessels intending to transit or anchor 
in the designated regulated areas during the enforcement periods stated 
for each event listed below in the List of Subjects.
    The temporary special local regulations and safety zones will not 
have a significant economic impact on a substantial number of small 
entities for the following reasons: the regulated areas will be of 
limited size and of short duration, and vessels that can safely do so 
may navigate in all other portions of the waterways except for the 
areas designated as regulated areas. Additionally, notifications will 
be made before the effective period by all appropriate means, including 
but not limited to the Local Notice to Mariners and Broadcast Notice to 
Mariners well in advance of the events.

3. 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. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Technical Standards

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

14. 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 determined 
that 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 involves the establishment of safety zones. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination 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.

[[Page 34889]]

33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add Sec.  100.T01-1057 to read as follows:


Sec.  100.T01-1057  Special Local Regulations; Marine Events in 
Northern New England.

    (a) Regulations. The general regulations contained in 33 CFR 
100.120 as well as the following regulations apply to the events listed 
in the TABLE to Sec.  100.T01-1057. These regulations will be enforced 
for the duration of each event.
    (b) Enforcement Period. This rule will be enforced on the dates and 
times listed for each event in TABLE to Sec.  100.T01-1057.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port (COTP), 
Sector Long Island Sound, to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. In 
addition, members of the Coast Guard Auxiliary may be present to inform 
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (d) Spectators desiring to enter or operate within the regulated 
areas should contact the COTP or the designated representative via VHF 
channel 16 or by telephone at (207) 767-0303 to obtain permission to do 
so. Spectators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the COTP Sector 
Northern New England or the designated on-scene representative.
    (e) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.
    (f) For all power boat races listed, vessels operating within the 
regulated area must be at anchor within a designated spectator area or 
moored to a waterfront facility in a way that will not interfere with 
the progress of the event.
    (g) For all regattas and boat parades listed, spectator vessels 
operating within the regulated area shall maintain a separation of at 
least 50 yards from the participants.
    (h) For all rowing and paddling boat races listed, vessels not 
associated with the event shall maintain a separation of at least 50 
yards from the participants.

                      Table to Sec.   100.T01-1057
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                  JUNE
------------------------------------------------------------------------
Charlie Begin Memorial Lobster Boat     Event Type: Power Boat
 Races.                                 Race.
                                        Sponsor: Boothbay Harbor
                                        Lobster Boat Race Committee.
                                        Date: June 15, 2013.
                                        Time: 9:00 am to 3:00
                                        pm.
                                        Location: The regulated
                                        area includes all waters of
                                        Boothbay Harbor, Maine in the
                                        vicinity of John's Island within
                                        the following points (NAD 83):
                                         43[deg]50'04'' 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.
------------------------------------------------------------------------
Rockland Harbor Lobster Boat Races...   Event Type: Power Boat
                                        Race.
                                        Sponsor: Rockland Harbor
                                        Lobster Boat Race Committee.
                                        Date: June 16, 2013.
                                        Time: 9:00 am to 4:00
                                        pm.
                                        Location: The regulated
                                        area includes all waters of
                                        Rockland Harbor, Maine in the
                                        vicinity of the Rockland
                                        Breakwater Light within the
                                        following points (NAD 83):
                                         44[deg]05'59'' 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.
------------------------------------------------------------------------
Windjammer Days Parade of Ships......   Event Type: Tall Ship
                                        Parade.
                                        Sponsor: Boothbay Region
                                        Chamber of Commerce.
                                        Date: June 26, 2013.
                                        Time: 1:00 pm to 5:00
                                        pm.
                                        Location: The regulated
                                        area includes all waters of
                                        Boothbay Harbor, Maine in the
                                        vicinity of Tumbler's Island
                                        within the following points (NAD
                                        83):
                                         43[deg]51'02'' 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.
------------------------------------------------------------------------


[[Page 34890]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for Part 165 continues to read as follows:

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

0
4. Add Sec.  165.T01-1057 to read as follows:


Sec.  165.T01-1057  Safety Zones; Marine Events in Northern New 
England.

    (a) Regulations. The general regulations contained in 33 CFR 165.23 
as well as the following regulations apply to the events listed in the 
TABLE of Sec.  165.T01-1057. These regulations will be enforced for the 
duration of each event.
    (b) Enforcement Period. This rule will be enforced from on the 
dates and times listed for each event in TABLE of Sec.  165.T01-1057.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port (COTP), 
Sector Long Island Sound, to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. In 
addition, members of the Coast Guard Auxiliary may be present to inform 
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (d) Spectators desiring to enter or operate within the regulated 
areas should contact the COTP or the designated representative via VHF 
channel 16 or by telephone at (207) 767-0303 to obtain permission to do 
so. Spectators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the COTP Sector 
Northern New England or the designated on-scene representative.
    (e) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.
    (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.

                      Table to Sec.   165.T01-1057
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                   MAY
------------------------------------------------------------------------
Ride Into Summer (formerly known as       Event Type: Fireworks
 Hawgs, Pies, & Fireworks).               Display.
                                          Sponsor: Gardiner
                                          Maine Street.
                                          Date: May 25, 2013.
                                          Time: 8:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of the Gardiner
                                          Waterfront, Gardiner, Maine in
                                          approximate position:
                                          44[deg]13'43'' N,
                                          069[deg]46'04'' W (NAD 83).
------------------------------------------------------------------------
                                  JUNE
------------------------------------------------------------------------
Tri for a Cure Swim Clinics and           Event Type: Swim
 Triathlon.                               Event.
                                          Sponsor: Maine Cancer
                                          Foundation.
                                          Dates and Times:
                                           June 19, 2013 4:30 p.m. to
                                         8:30 p.m.
                                           June 22, 2013 7:30 a.m. to
                                         11:30 a.m.
                                           July 1, 2013 4:00 p.m. to
                                         8:00 p.m.
                                           July 13, 2013 11:30 a.m. to
                                         3:30 p.m.
                                           July 21, 2013 7:00 a.m. to
                                         11:00 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[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.
------------------------------------------------------------------------
Rotary Waterfront Days Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Gardiner
                                          Rotary.
                                          Date: June 22, 2013.
                                          Time: 8:00 p.m. to
                                          10:00 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).
------------------------------------------------------------------------
Windjammer Days Fireworks..............   Event Type: Fireworks
                                          Display.
                                          Sponsor: Boothbay
                                          Harbor Region Chamber of
                                          Commerce.
                                          Date: June 26, 2013.
                                          Time: 8:00 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).
------------------------------------------------------------------------
Jonesport 4th of July Fireworks........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Jonesport 4th
                                          of July Committee.

[[Page 34891]]

 
                                          Date: June 29, 2013.
                                          Time: 8:30 p.m. to
                                          11:00 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).
------------------------------------------------------------------------
                                  JULY
------------------------------------------------------------------------
Burlington Independence Day Fireworks     Event Type: Firework
 Complete.                                Display.
                                          Sponsor: City of
                                          Burlington, Vermont.
                                          Date: July 3, 2013.
                                          Time: 8:00 p.m. to
                                          10:30 p.m.
                                          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).
------------------------------------------------------------------------
Camden 4th of July Fireworks (Formerly    Event Type: Fireworks
 Camden 3rd of July Fireworks).           Display.
                                          Sponsor: Penobscot Bay
                                          Regional Chamber of Commerce
                                          (Formerly Camden, Rockport,
                                          Lincolnville Chamber of
                                          Commerce).
                                          Date: July 4, 2013.
                                          Time: 8:15 p.m. to
                                          10:45 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).
------------------------------------------------------------------------
Bangor 4th of July Fireworks...........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Bangor 4th of
                                          July Fireworks.
                                          Date: July 4, 2013.
                                          Time: 8:30 p.m. to
                                          11:00 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).
------------------------------------------------------------------------
Bar Harbor 4th of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Bar Harbor
                                          Chamber of Commerce.
                                          Date: July 4, 2013.
                                          Rain date: July 5,
                                          2013.
                                          Time: 8:00 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).
------------------------------------------------------------------------
Boothbay Harbor 4th of July Fireworks..   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Boothbay Harbor.
                                          Date: July 4, 2013.
                                          Time: 8:00 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).
------------------------------------------------------------------------
Colchester 4th of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Colchester, Recreation
                                          Department.
                                          Date: July 4, 2013.
                                          Rain Date: July 5,
                                          2013.
                                          Time: 8:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of Bayside Beach and
                                          Mallets Bay in Colchester,
                                          Vermont in approximate
                                          position: 44[deg]32'44'' N,
                                          073[deg]13'10'' W (NAD 83).
------------------------------------------------------------------------
Eastport 4th of July Fireworks.........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Eastport 4th
                                          of July Committee.
                                          Date: July 4, 2013.
                                          Time: 8:00 p.m. to
                                          10:30 p.m.
                                          Location: From the
                                          Waterfront Public Pier in
                                          Eastport, Maine in approximate
                                          position: 44[deg]54'25'' N,
                                          066[deg]58'55'' W (NAD 83).
------------------------------------------------------------------------
Portland Harbor 4th of July Fireworks..   Event Type: Fireworks
                                          Display.
                                          Sponsor: Department of
                                          Parks and Recreation,
                                          Portland, Maine.
                                          Date: July 4, 2013.
                                          Rain date: July 5,
                                          2013.
                                          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).
------------------------------------------------------------------------
Stonington 4th of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Deer Isle--
                                          Stonington Chamber of
                                          Commerce.
                                          Date: July 4, 2013.
                                          Rain Date: July 5,
                                          2013.
                                          Time: 8:00 p.m. to
                                          10:30 p.m.

[[Page 34892]]

 
                                          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).
------------------------------------------------------------------------
Ellis Short Sand Park Trustee Fireworks   Event Type: Fireworks
                                          Display.
                                          Sponsor: William.
                                          Burnham.
                                          Date: July 5, 2013.
                                          Time: 8:30 p.m. to
                                          11:30 p.m.
                                          Location: In the
                                          vicinity of York Beach, Maine
                                          in approximate position:
                                          43[deg]10'27'' N,
                                          070[deg]36'25'' W (NAD 83).
------------------------------------------------------------------------


    Dated: May 24, 2013.
B.S. Gilda,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Northern 
New England.
[FR Doc. 2013-13757 Filed 6-10-13; 8:45 a.m.]
BILLING CODE 9110-04-P