Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays and Swim Events Held in the Coast Guard Sector Northern New England Captain of the Port Zone
| Published date | 26 May 2020 |
| Citation | 85 FR 31363 |
| Record Number | 2020-09284 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 85 Issue 101 (Tuesday, May 26, 2020)
[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Rules and Regulations]
[Pages 31363-31372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09284]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100 and 165
[Docket Number USCG-2019-0951]
RIN 1625-AA08; 1625-AA00
Special Local Regulations and Safety Zones; Recurring Marine
Events and Fireworks Displays and Swim Events Held in the Coast Guard
Sector Northern New England Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adding, deleting, and modifying the special
local regulations for annual recurring marine events, safety zones for
firework displays, and swim events in the Coast Guard Sector Northern
New England Captain of the Port Zone. When enforced, these special
local regulations and safety zones will restrict vessels from
transiting regulated areas during certain annually recurring events.
The special local regulations and safety zones are intended to expedite
public notification and ensure the protection of the maritime public
and event participants from the hazards associated with certain marine
events.
DATES: This rule is effective June 25, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0951 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Marine Science Technician Thomas Watts, Sector
Northern New England Waterways Management Division, U.S. Coast Guard;
telephone 207-347-5003, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Swim events, fireworks displays, and marine events are held on an
annual
[[Page 31364]]
recurring basis on the navigable waters within the Coast Guard Sector
Northern New England Captain of the Port (COTP) Zone. The Coast Guard
has established special local regulations and safety zones for some of
these annual recurring events on a case by case basis to ensure the
protection of the maritime public and event participants from potential
hazards. In the past, the Coast Guard has not received public comments
or concerns regarding the impact to waterway traffic from regulations
associated with these annually recurring events. Events were either
added or deleted to the table of annual events based on their
likelihood to recur in subsequent years. Additionally, minor changes to
existing events such as position, date, or title, were made to ensure
the accuracy of event details.
On February 26, 2020 the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulations and Safety Zones;
Recurring Marine Events and Fireworks Displays and Swim Events Held in
the Coast Guard Sector Northern New England Captain of the Port Zone
(85 FR 11031). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action. During the comment period
that ended on March 27, 2020, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard issues this rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The proposed rule updates the
terminology, definitions, and tables of annual recurring events in the
existing regulations for the Coast Guard Sector Northern New England
COTP Zone. The tables provide the event name, sponsor, and type, as
well as approximate times, dates, and locations of the events. The
tables provide the event name, sponsor, and type, as well as
approximate times, dates, and locations of the events. Advanced public
notification of specific times, dates, regulated areas, and enforcement
periods for each event will be provided through appropriate means,
which may include the Local Notice to Mariners, Broadcast Notice to
Mariners, and a Notice of Enforcement published in the Federal Register
at least 30 days prior to the event date. If an event does not have a
date and time listed in this regulation, then the precise dates and
times of the enforcement period for that event will be announced
through a Local Notice to Mariners and, if time permits, a Notice of
Enforcement in the Federal Register.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
Febuary 26, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
The Coast Guard amends 33 CFR 100.120 ``Special Local Regulations;
Marine Events Held in the Coast Guard Sector Northern New England
Captain of the Port Zone'' by replacing language referencing ``Patrol
Commander'' to ``Designated Representative'' and adding language
clarifying only event sponsors, designated participants, and official
patrol vessels will be allowed to enter regulated areas. Spectators and
other vessels not registered as event participants may not enter the
safety zones without the permission of the COTP or the Designated
Representative. Additionally, the Coast Guard amends 33 CFR 100.120
``Special Local Regulations; Marine Events Held in the Coast Guard
Sector Northern New England Captain of the Port Zone'' by updating the
details of two events, deleting two events, and adding two events to
Table 1 to Sec. [thinsp]100.120. This rule updates Table 1 to Sec.
[thinsp]100.120: (1) 8.1 Eggemoggin Reach Regatta regulated area will
be updated to reflect only the event start location; (2) 8.7 Multiple
Sclerosis Harborfest Lobster Boat/Tugboat Races location will be
corrected. The events deleted from Table 1 to Sec. [thinsp]100.120
will be: (1) 8.2 Southport Rowgatta Rowing and Paddling Boat Race and
(2) 7.5 Mayor's Cup Regatta. The two events added to the table are the
(1) 8.8 Eastport Pirates Festival Invasion of Lubec Lobster Boat Race
and (2) 6.5 Portland's Tallship Parade of Ships Event.
The Coast Guard amends 33 CFR 165.171 ``Safety Zones for fireworks
displays and swim events held in Coast Guard Sector Northern New
England Captain of the Port Zone'' by adding language clarifying only
event sponsors, designated participants, and official patrol vessels
will be allowed to enter regulated areas. Spectators and other vessels
not registered as event participants may not enter the safety zones
without the permission of the COTP or the Designated Representative.
Additionally, the Coast Guard amends 33 CFR 165.171 ``Safety Zones for
fireworks displays and swim events held in Coast Guard Sector Northern
New England Captain of the Port Zone'' by updating the details of one
event and deleting 20 events from Table 1 to Sec. [thinsp]165.171.
This rule updates Table 1 to Sec. [thinsp]165.171: Corrected location
for 8.2 Islesboro Crossing Swim. Events removed are obsolete events
which have not been held for the past three years or which the
sponsor's indicate they have no intention to continue, and events that
have been determined to ``not present an extra or unusual hazard on the
waterway.'' The events deleted from Table 1 to Sec. [thinsp]165.171
will be: (1) 6.1 Waterfront Days Fireworks; (2) 6.2 LaKermesse
Fireworks; (3) 7.1 Vinalhaven 4th of July Fireworks; (4) 7.3 The Great
Race; (5) 7.4 Bangor 4th of July Fireworks; (6) Eastport 4th of July
Fireworks; (7) 7.8 Ellis Short Sand Park Trustee Fireworks; (8) 7.9
Hampton Beach 4th of July Fireworks; (9) 7.12 Main Street Heritage Days
4th of July Fireworks; (10) 7.14 St. Albans Day Fireworks; (11) 7.17
Shelburne Triathlons; (12) 7.18 St. George Days Fireworks; (13) 7.20
Richmond Days Fireworks; (14) 7.24 Bucksport Festival and Fireworks;
(15) 7.26 Paul Coulombe Anniversary Fireworks; (16) 8.1 Westerlund's
Landing Party Fireworks; (17) 8.2 York Beach Fire Department Fireworks;
(18) 8.5 Paul Columbe Party Fireworks; (19) 9.2 Eastport Pirate
Festival Fireworks; (20) 9.4 Eliot Festival Day Fireworks..
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of each regulated area. We are not
adding any new special local regulations, rather we are updating
existing regulations and removing obsolete events which have not been
held for the past three years or which the sponsors indicate they have
no intention to continue. Dates and coordinates have been updated to
more
[[Page 31365]]
accurately reflect the event. The Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this rule would not have a significant economic impact on
any vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 special
local regulations for various one-day marine events and safety zones
for fireworks displays and one day swimming events. Normally such
actions are categorically excluded from further review under paragraph
L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A Memorandum For Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and record-keeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
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 regulations in this section apply to the marine events listed
in table 1 of this section. The regulations in this section will be
enforced for the duration of each event, on or about the dates
indicated. Actual notice of the exact dates and times of the effective
period of the regulations with respect to each event, the geographical
area, and details concerning the nature of the event and the number of
participants and type(s) of vessels involved will be published in a
Local Notices to Mariners and broadcast over VHF-FM radio. First Coast
Guard District Local Notice to Mariners can be found at: http://www.navcen.uscg.gov/. Although listed in the Code of Federal
Regulations, sponsors of events listed in table 1 of this section are
still required to submit marine event applications in accordance with
33 CFR 100.15.
(a) The following definitions apply to this section:
(1) Designated Representative. A ``Designated Representative'' is
any
[[Page 31366]]
Coast Guard Commissioned, Warrant or Petty Officer who has been
designated by the Captain of the Port, Sector Northern New England
(COTP), 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.
(b) Vessels may not transit the regulated areas without the COTP or
Designated Representative 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) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP or the Designated Representative
via VHF channel 16 or (207) 741-5465 (Coast Guard Sector Northern New
England Command Center) to obtain permission to do so.
(d) 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 COTP or Designated Representative.
(e) The COTP or Designated Representative 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.
(f) The COTP or Designated Representative may delay or terminate
any marine event in this section at any time it is deemed necessary to
ensure the safety of life or property.
(g) For all power boat races listed, vessels not participating in
this event, swimmers, and personal watercraft of any nature are
prohibited from entering or moving within the regulated area unless
authorized by the COTP or Designated Representative. Vessels 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.
(h) 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.
(i) 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.
(j) The specific calendar date upon which the listed event falls
will be published through a Notice of Enforcement in the Federal
Register.
Table 1 to Sec. 100.120
------------------------------------------------------------------------
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5.0 MAY
------------------------------------------------------------------------
5.1 Tall Ships Visiting Portsmouth..... Event Type: Regatta
and Boat Parade.
Date: A multiday event
in May.\1\
Time (Approximate):
9:00 a.m. to 8:00 p.m.
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 Charlie Begin Memorial Lobster Boat Event Type: Power Boat
Races. Race.
Date: A one-day event
in June.\1\
Time (Approximate):
10:00 a.m. to 3:00 p.m.
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.
6.2 Rockland Harbor Lobster Boat Races. Event Type: Power Boat
Race.
Date: A one-day event
in June.\1\
Time (Approximate):
9:00 a.m. to 5:00 p.m.
Location: The
regulated area includes all
waters of Rockland Harbor,
Maine, in the vicinity of the
Rockland Breakwater Light
within the following points
(NAD 83):
44[deg]05'59'' N,
069[deg]04'53'' W.
44[deg]06'43'' N,
069[deg]05'25'' W.
44[deg]06'50'' N,
069[deg]05'05'' W.
44[deg]06'05'' N,
069[deg]04'34'' W.
6.3 Gathering of the Fleet............. Event Type: Tall Ship
Parade.
Date: A one-day event
in June.\1\
Time (Approximate):
12:00 p.m. to 5:00 p.m.
[[Page 31367]]
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.
6.4 Bass Harbor Blessing of the Fleet Event Type: Power Boat
Lobster Boat Race. Race.
Date: A one-day event
in June.\1\
Time (Approximate):
10:00 a.m. to 2:00 p.m.
Location: The
regulated area includes all
waters of Bass Harbor, Maine,
in the vicinity of Lopaus
Point within the following
points (NAD 83):
44[deg]13'28'' N,
068[deg]21'59'' W.
44[deg]13'20'' N,
068[deg]21'40'' W.
44[deg]14'05'' N,
068[deg]20'55'' W.
44[deg]14'12'' N,
068[deg]21'14'' W.
6.5 Portland's Tallship Parade of Ships Event Type: Regatta
Event. and Boat Parade.
Date: A multiday event
in June/July.\1\
Time (Approximate):
8:00 a.m. to 8:00 p.m.
Location: The
regulated area includes all
waters of Casco Bay and the
Fore River in the vicinity of
Portland, Maine, within the
following points (NAD 83):
43[deg]37'44.25'' N,
070[deg]12'37.64'' W.
43[deg]38'28.11'' N,
070[deg]12'37.64'' W.
43[deg]39'08.52'' N,
070[deg]13'20.17'' W.
43[deg]39'28.58'' N,
070[deg]13'25.24'' W.
43[deg]39'07.70'' N,
070[deg]13'59.62'' W.
43[deg]38'55.05'' N,
070[deg]14'41.91'' W.
43[deg]39'00.94'' N,
070[deg]15'01.55'' W.
43[deg]39'45.05'' N,
070[deg]15'09.11'' W.
43[deg]39'38.10'' N,
070[deg]14'13.03'' W.
43[deg]39'04.06'' N,
070[deg]13'29.75'' W.
43[deg]37'57.21'' N,
070[deg]12'56.69'' W.
------------------------------------------------------------------------
7.0 JULY
------------------------------------------------------------------------
7.1 Burlington 3rd of July Air Show.... Event Type: Air Show.
Date: A one-day event
held near July 4th.\1\
Time (Approximate):
8:30 p.m. to 9:00 p.m.
Location: The
regulated area includes all
waters of Lake Champlain,
Burlington, VT, within the
following points (NAD 83):
44[deg]28'51'' N,
073[deg]14'21'' W.
44[deg]28'57'' N,
073[deg]13'41'' W.
44[deg]28'05'' N,
073[deg]13'26'' W.
44[deg]27'59'' N,
073[deg]14'03'' W.
7.2 Moosabec Lobster Boat Races........ Event Type: Power Boat
Race.
Date: A one-day event
held near July 4th.\1\
Time (Approximate):
10:00 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.
7.3 Stonington Lobster Boat Races...... Event Type: Power Boat
Race.
Date: A one-day event
in July.\1\
Time (Approximate):
8:00 a.m. to 3:30 p.m.
Location: The
regulated area includes all
waters of Stonington, Maine,
within the following points
(NAD 83):
44[deg]09'06'' N,
068[deg]39'08'' W.
44[deg]08'60'' N,
068[deg]40'05'' W.
44[deg]09'06'' N,
068[deg]40'05'' W.
44[deg]09'12'' N,
068[deg]39'08'' W.
7.4 The Challenge Race................. Event Type: Rowing and
Paddling Boat Race.
Date: A one-day event
in July.\1\
Time (Approximate):
11:00 a.m. to 3:00 p.m.
Location: The
regulated area includes all
waters of Lake Champlain in
the vicinity of Button Bay
State Park within the
following points (NAD 83):
44[deg]12'25'' N,
073[deg]22'32'' W.
[[Page 31368]]
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.
7.5 Friendship Lobster Boat Races...... Event Type: Power Boat
Race.
Date: A one-day event
in July.\1\
Time (Approximate):
9:30 a.m. to 3:00 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.
7.6 Harpswell Lobster Boat Races....... Event Type: Power Boat
Race.
Date: A one-day event
during in July.\1\
Time (Approximate):
9:30 a.m. to 3:00 p.m.
Location: The
regulated area includes all
waters of Potts Harbor,
Maine, within the following
points (NAD 83):
43[deg]44'14'' N,
070[deg]02'14'' W.
43[deg]44'31'' N,
070[deg]01'47'' W.
43[deg]44'27'' N,
070[deg]01'40'' W.
43[deg]44'10'' N,
070[deg]02'08'' W.
------------------------------------------------------------------------
8.0 AUGUST
------------------------------------------------------------------------
8.1 Eggemoggin Reach Regatta........... Event Type: Wooden
Boat Parade.
Date: A one-day event
on a Saturday between the 15th
of July and the 15th of
August.\1\
Time (Approximate):
11:00 a.m. to 7:00 p.m.
Location: The
regulated area includes all
waters of Eggemoggin Reach,
Maine, within the following
points (NAD 83):
44[deg]14'22'' N,
068[deg]36'26'' W.
44[deg]13'58'' N,
068[deg]35'16'' W.
44[deg]14'24'' N,
068[deg]34'24'' W.
44[deg]14'50'' N,
068[deg]35'04'' W.
44[deg]14'54'' N,
068[deg]35'38'' W.
44[deg]14'57'' N,
068[deg]34'24'' W.
8.2 Winter Harbor Lobster Boat Races... Event Type: Power Boat
Race.
Date: A one-day event
in August.\1\
Time (Approximate):
9:00 a.m. to 3:00 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.
8.3 Lake Champlain Dragon Boat Festival Event Type: Rowing and
Paddling Boat Race.
Date: A multiday day
event in August.\1\
Time (Approximate):
7:00 a.m. to 5:00 p.m.
Location: The
regulated area includes all
waters of Burlington Bay
within the following points
(NAD 83):
44[deg]28'49'' N,
073[deg]13'22'' W.
44[deg]28'41'' N,
073[deg]13'36'' W.
44[deg]28'28'' N,
073[deg]13'31'' W.
44[deg]28'38'' N,
073[deg]13'18'' W.
8.4 Merritt Brackett Lobster Boat Races Event Type: Power Boat
Race.
Date: A one-day event
in August.\1\
Time (Approximate):
10:00 a.m. to 3:00 p.m.
Location: The
regulated area includes all
waters of Pemaquid Harbor,
Maine, within the following
points (NAD 83):
43[deg]52'16'' N,
069[deg]32'10'' W.
43[deg]52'41'' N,
069[deg]31'43'' W.
43[deg]52'35'' N,
069[deg]31'29'' W.
43[deg]52'09'' N,
069[deg]31'56'' W.
8.5 Multiple Sclerosis Regatta......... Event Type: Regatta
and Sailboat Race.
Date: A one-day event
in August.\1\
Time (Approximate):
10:00 a.m. to 4:00 p.m.
Location: The
regulated area for the start
of the race includes all
waters of Casco Bay, Maine, in
the vicinity of Peaks Island
within the following points
(NAD 83):
43[deg]40'25'' 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]39'46'' N,
070[deg]13'51'' W.
8.6 Multiple Sclerosis Harborfest Event Type: Power Boat
Lobster Boat/Tugboat Races. Race.
[[Page 31369]]
Date: A one-day event
in August.\1\
Time (Approximate):
10:00 a.m. to 3:00 p.m.
Location: The
regulated area includes all
waters of Portland Harbor,
Maine, in the vicinity of
Maine State Pier within the
following points (NAD 83):
43[deg]40'09'' N,
070[deg]13'41'' W.
43[deg]40'03'' N,
070[deg]13'31'' W.
43[deg]39'37'' N,
070[deg]14'01'' W.
43[deg]39'42'' N,
070[deg]14'11'' W.
8.7 Long Island Lobster Boat Race...... Event Type: Power Boat
Race.
Date: A one-day event
in August.\1\
Time (Approximate):
10:00 a.m. to 3:00 p.m.
Location: The
regulated area includes all
waters of Casco Bay, Maine, in
the vicinity of Great Ledge
Cove and Dorseys Cove off the
north west coast of Long
Island, Maine, within the
following points (NAD 83):
43[deg]41'59'' N,
070[deg]08'59'' W.
43[deg]42'04'' N,
070[deg]09'10'' W.
43[deg]41'41'' N,
070[deg]09'38'' W.
43[deg]41'36'' N,
070[deg]09'30'' W.
8.8 Eastport Pirates Festival Invasion Event Type: Power Boat
of Lubec Lobster Boat Race. Race.
Date: A one-day event
in August.\1\
Time (Approximate):
10:00 a.m. to 3:00 p.m.
Location: The
regulated area includes all
waters of Johnson Bay, Maine,
within the following points
(NAD 83):
43[deg]41'59'' N,
070[deg]08'59'' W.
43[deg]42'04'' N,
070[deg]09'10'' W.
43[deg]41'41'' N,
070[deg]09'38'' W.
43[deg]41'36'' N,
070[deg]09'30'' W.
------------------------------------------------------------------------
\1\ Date subject to change. Exact date will be posted in Notice of
Enforcement and Local Notice to Mariners.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for Part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; 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.
(a) The general regulations contained in 33 CFR 165.23, as well as
the regulations in this section, apply to the fireworks displays and
swim events listed in table1 of this section. These regulations will be
enforced for the duration of each event. Notifications will 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 exact dates and times of the
enforcement period will be announced through a Notice of Enforcement in
the Federal Register. Mariners should consult the Federal Register or
their Local Notice to Mariners to remain apprised of schedule or event
changes. First Coast Guard District Local Notice to Mariners can be
found at http://www.navcen.uscg.gov/. Although listed in the Code of
Federal Regulations, sponsors of events listed the Table 1 to Sec.
165.171 are still required to submit marine event applications in
accordance with 33 CFR 100.15.
(b) The following definitions apply to this section:
(1) Designated Representative. A ``Designated Representative'' is
any Coast Guard Commissioned, Warrant or Petty Officer designated by
the Captain of the Port, Sector Northern New England (COTP), 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.
(c) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or Designated Representative.
(d) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP or the Designated Representative
via VHF channel 16 or (207) 741-5465 (Coast Guard Sector Northern New
England Command Center) to obtain permission to do so.
(e) Upon being hailed by a U.S. Coast Guard 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) The COTP or Designated Representative may delay or terminate
any marine event in this section at any time it is deemed necessary to
ensure the safety of life or property.
(g) The regulated area for all fireworks displays listed in the
table 1 of this sction is that area of navigable waters within a 200-
yard radius of the launch platform or launch site for each fireworks
display, unless otherwise noted in the Table 1 to Sec. 165.171 or
modified in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/.
(h) For all swim events listed in the Table 1 to Sec. 165.171,
vessels not associated with the event shall maintain
[[Page 31370]]
a separation of at least 200 feet from the participants.
(i) The specific calendar date upon which the listed event falls
will be published Notice of Enforcement in the Federal Register.
Table 1 to Sec. 165.171
------------------------------------------------------------------------
------------------------------------------------------------------------
6.0 JUNE
------------------------------------------------------------------------
6.1 Windjammer Days Fireworks.......... Event Type: Fireworks
Display.
Date: One-night event
in June.\1\
Time (Approximate):
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).
------------------------------------------------------------------------
7.0 JULY
------------------------------------------------------------------------
7.1 Burlington Independence Day Event Type: Firework
Fireworks. Display.
Date: One-night event
in July.\1\
Time (Approximate):
9:00 p.m. to 11:00 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).
7.2 Camden 4th of July Fireworks....... Event Type: Fireworks
Display.
Date: One-night event
in July.\1\
Time (Approximate):
8:00 p.m. to 10:00 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).
7.3 Bar Harbor 4th of July Fireworks... Event Type: Fireworks
Display.
Date: One-night event
in July.\1\
Time (Approximate):
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).
7.4 Boothbay Harbor 4th of July Event Type: Fireworks
Fireworks. Display.
Date: One-night event
in July.\1\
Time (Approximate):
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).
7.5 Moosabec 4th of July Committee Event Type: Fireworks
Fireworks. Display.
Date: One-night event
in July.\1\
Time (Approximate):
8:00 p.m. to 10:30 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).
7.6 Lubec 4th of July Fireworks........ Event Type: Fireworks
Display.
Date: One-night event
in July.\1\
Time (Approximate):
8:00 p.m. to 10:30 p.m.
Location: In the
vicinity of the Lubec Public
Boat Launch in approximate
position:
44[deg]51'52'' N,
066[deg]59'06'' W (NAD 83).
7.7 Portland Harbor 4th of July Event Type: Fireworks
Fireworks. Display.
Date: One-night event
in July.\1\
Time (Approximate):
8:30 p.m. to 10:30 p.m.
Location: In the
vicinity of East End Beach,
Portland, Maine, in
approximate position:
43[deg]40'15'' N,
070[deg]14'42'' W (NAD 83).
7.8 Stonington 4th of July Fireworks... Event Type: Fireworks
Display
Date: One-night event
in July.\1\
Time (Approximate):
8:00 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).
7.9 Southwest Harbor 4th of July Event Type: Fireworks
Fireworks. Display.
Date: One-night event
in July.\1\
Time (Approximate):
8:00 p.m. to 10:30 p.m.
Location: Southwest
Harbor, Maine, in approximate
position:
44[deg]16'25'' N,
068[deg]19'21'' W (NAD 83).
7.10 Tri for a Cure Swim Clinics and Event Type: Swim
Triathlon. Event.
Date: A multi-day
event held throughout July.\1\
Time (Approximate):
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[deg]39'01'' N,
070[deg]13'32'' W.
[[Page 31371]]
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.
7.11 Colchester Triathlon.............. Event Type: Swim
Event.
Date: A one-day event
in July.\1\
Time (Approximate):
7:00 a.m. to 11:00 a.m.
Location: The
regulated area includes all
waters of Malletts Bay on Lake
Champlain, Vermont, within the
following points (NAD 83):
44[deg]32'57'' N,
073[deg]12'38'' W.
44[deg]32'46'' N,
073[deg]13'00'' W.
44[deg]33'24'' N,
073[deg]11'43'' W.
44[deg]33'14'' N,
073[deg]11'35'' W.
7.12 Peaks to Portland Swim............ Event Type: Swim
Event.
Date: A one-day event
in July.\1\
Time (Approximate):
5:00 a.m. to 1:00 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.
7.13 Friendship Days Fireworks......... Event Type: Fireworks
Display.
Date: A one-day event
in July.\1\
Time (Approximate):
8:00 p.m. to 10:30 p.m.
Location: In the
vicinity of the Town Pier,
Friendship Harbor, Maine, at
position:
43[deg]58'23'' N,
069[deg]20'12'' W (NAD83).
7.14 Nubble Light Swim Challenge....... Event Type: Swim
Event.
Date: A one-day event
in July.\1\
Time (Approximate):
9:00 a.m. to 12:30 p.m.
Location: The
regulated area includes all
waters around Cape Neddick,
Maine, and within the
following coordinates (NAD83)
43[deg]10'28'' N,
070[deg]36'26'' W.
43[deg]10'34'' N,
070[deg]36'06'' W,
43[deg]10'30'' N,
070[deg]35'45'' W.
43[deg]10'17'' N,
070[deg]35'24'' W.
43[deg]09'54'' N,
070[deg]35'18'' W.
43[deg]09'42'' N,
070[deg]35'37'' W.
43[deg]09'51'' N,
070[deg]37'05'' W.
7.15 Castine 4th of July Fireworks..... Event Type: Fireworks
Display.
Date: One-night event
in July.\1\
Time (Approximate):
9:00 p.m. to 10:30 p.m.
Location: In the
vicinity of the town dock in
the Castine Harbor, Castine,
Maine, in approximate
position:
44[deg]23'10'' N,
068[deg]47'28'' W (NAD 83).
------------------------------------------------------------------------
8.0 AUGUST
------------------------------------------------------------------------
8.1 North Hero Air Show................ Event Type: Air Show.
Date: A one-day event
in August.\1\
Time (Approximate):
10:00 a.m. to 5:00 p.m.
Location: In the
vicinity of Shore Acres Dock,
North Hero, Vermont, in
approximate position (NAD83):
44[deg]48'24'' N,
073[deg]17'02'' W.
44[deg]48'22'' N,
073[deg]16'46'' W.
44[deg]47'53'' N,
073[deg]16'54'' W.
44[deg]47'54'' N,
073[deg]17'09'' W.
8.2 Islesboro Crossing Swim............ Event Type: Swim
Event.
Date: A one-day event
in August.\1\
Time: (Approximate):
6:00 a.m. to 11:00 a.m.
Location: The
regulated area includes all
waters of West Penobscot Bay
from Ducktrap Beach,
Lincolnville, ME, to Grindel
Point, Islesboro, ME, within
the following points (NAD83):
44[deg]17'44'' N,
069[deg]00'11'' W.
44[deg]16'58'' N,
068[deg]56'35'' W.
44[deg]17'31'' N,
068[deg]56'40'' W.
8.3 Casco Bay Island Swim/Run.......... Event Type: Swim/Run
Event.
Date: A one-day event
in August.\1\
Time (Approximate):
7:30 a.m. to 1:00 p.m.
[[Page 31372]]
Location: All waters
of Casco Bay, Maine, in the
vicinity of Casco Bay Island
archipelago and within the
following coordinates (NAD
83):
43[deg]42'47'' N,
070[deg]07'07'' W.
43[deg]38'09'' N,
070[deg]11'57'' W.
43[deg]34'57'' N,
070[deg]12'55'' W.
43[deg]41'31'' N,
070[deg]11'37'' W.
43[deg]43'25'' N,
070[deg]08'25'' W.
8.4 Port Mile Swim..................... Event Type: Swim
Event.
Date: A one-day event
August.\1\
Time (Approximate):
7:00 a.m. to 9:00 a.m.
Location: All waters
of Casco Bay, Maine, in the
vicinity of East End Beach
within the following points
(NAD 83):
43[deg]40'09'' N,
070[deg]14'27'' W.
43[deg]40'05'' N,
070[deg]14'01'' W.
43[deg]40'21'' N,
070[deg]14'09'' W.
8.5 Ironman 70.3 Maine................. Event Type: Swim
Event.
Date: A one-day event
August.\1\
Time (Approximate):
6:00 a.m. to 08:30 a.m.
Location: All waters
of Saco Bay, Maine, in the
vicinity of Old Orchard Beach
within the following points
(NAD 83):
43[deg]30'54'' N,
070[deg]22'24'' W.
43[deg]31'14'' N,
070[deg]22'08'' W.
43[deg]30'39'' N,
070[deg]21'46'' W.
43[deg]31'00'' N,
070[deg]21'30'' W.
8.6 Lake Champlain Swimming Race....... Event Type: Swim
Event.
Date: A one-day event
in August.\1\
Time (Approximate):
9:00 a.m. to 3 p.m.
Location: Essex Beggs
Point Park, Essex, NY, to
Charlotte Beach, Charlotte, VT
(NAD83).
44[deg]18'32'' N,
073[deg]20'52'' W.
44[deg]20'03'' N,
073[deg]16'53'' W.
------------------------------------------------------------------------
9.0 SEPTEMBER
------------------------------------------------------------------------
9.1 Camden Windjammer Festival Event Type: Fireworks
Fireworks. Display.
Date: A one-night
event in September.\1\
Time (Approximate):
8:00 p.m. to 9:30 p.m.
Location: From a barge
in the vicinity of Northeast
Point, Camden Harbor, Maine.
in approximate position:
44[deg]12'18'' N,
069[deg]03'11'' W (NAD 83).
9.2 The Lobsterman Triathlon........... Event Type: Swim
Event.
Date: A one-day event
in September.\1\
Time (Approximate):
8:00 a.m. to 11:00 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[deg]47'59'' N,
070[deg]06'56'' W.
43[deg]47'44'' N,
070[deg]06'56'' W.
43[deg]47'44'' N,
070[deg]07'27'' W.
43[deg]47'57'' N,
070[deg]07'27'' W.
------------------------------------------------------------------------
\1\ Date subject to change. Exact date will be posted in Notice of
Enforcement and Local Notice to Mariners.
Dated: April 27, 2020.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2020-09284 Filed 5-22-20; 8:45 am]
BILLING CODE 9110-04-P
