[Federal Register: January 11, 2011 (Volume 76, Number 7)]
[Proposed Rules]
[Page 1568-1578]
[DOCID:fr11ja11-23]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2010-0110]
RIN 1625-AA08; AA01

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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

DATES: Comments and related material must be received by the Coast
Guard on or before February 10, 2011. Requests for public meetings must
be received by the Coast Guard on or before February 1, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0110 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Junior Grade Terence Leahy, Waterways
Management Division at Coast Guard Sector Northern New England,
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0110), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0110'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0110'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before February 1, 2011, using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Lieutenant Junior Grade Terence Leahy at the telephone number
or e-mail address indicated under the FOR FURTHER INFORMATION CONTACT
section of this notice.

Basis and Purpose

    Marine events are annually held on a recurring basis on the
navigable waters within the Coast Guard Northern New England Captain of
the Port Zone. These events include sailing regattas, powerboat races,
rowboat races, parades, swim events, and fireworks displays. In the
past, the Coast Guard has established special local regulations and
regulated navigation areas for these events on a case by case basis to
ensure the protection of the maritime public and event participants
from the hazards associated with these marine events. Issuing
individual regulations annually has proved to be administratively
cumbersome.
    This proposed rule will significantly relieve administrative
overhead and consistently apprise the public in a timely manner through
permanent publication in Title 33 of the Code of Federal Regulations.
The TABLES in this proposed regulation list each recurring marine event
requiring a regulated area as administered by the Coast Guard.
    By establishing permanent regulations for these events, the Coast
Guard will eliminate the need to establish temporary rules for events
that occur on an annual basis. This provides opportunity for the public
to comment while limiting the unnecessary burden of continually
establishing temporary rules every year. Some of the events discussed
below are duplicated in 33 CFR 100.114, a citation that no longer meets
the Coast Guard's intended purposes. While 33 CFR part 100 is designed
for Regattas and Marine Parades, 33 CFR part 165 is for Regulated
Navigation Areas and Limited Access Areas. The Coast Guard has
identified a number of events in 33 CFR part 100 which would be more
appropriately located in 33 CFR part 165. This rulemaking will amend
local regulations for events already contained in 33 CFR part 100 both
to update event information as well as to move firework displays to
part 165, a citation that better meets the Coast Guard's intended
purpose of ensuring safety during these events.
    In addition, the Coast Guard has promulgated safety zones or
special local regulations for all of these 52 areas in the past, and
has not received public comments or concerns regarding the impact to
waterway traffic from these annually recurring events.

Discussion of Proposed Rule

    The Coast Guard proposes to remove sections 33 CFR 100.107,
100.108, 100.109, 100.110, 100.111, 100.118, to revise 33 CFR 100.114,
and to add 33 CFR 100.120, and 33 CFR 165.171. The proposed changes
will effectively remove six outdated special local regulations and
establish 52 new permanent regulated areas. The proposed rule will
apply to each recurring marine event listed in the attached TABLES in
the Coast Guard Northern New England Captain of the Port Zone. The
TABLES provide the event name, sponsor, and type, as well as
approximate dates and locations of the events. Additionally, the
specific times, dates, regulated areas, and enforcement period for each
event will be provided in a Notice of Enforcement published in the
Federal Register and through Local Notice to Mariners and Broadcast
Notice to Mariners prior to each event. The particular size of the

safety zones established for each event will be reevaluated on an
annual basis in accordance with Navigational and Vessel Inspection
Circular (NVIC) 07-02, Marine Safety at Firework Displays, the National
Fire Protection Association Standard 1123, Code for Fireworks Displays
(100-foot distance per inch of diameter of the fireworks mortars), and
other pertinent regulations and publications.
    This proposed regulation would prevent vessels from transiting
areas specifically designated as special local regulations or safety
zones during the periods of enforcement to ensure the protection of the
maritime public and event participants from the hazards associated with
listed marine events. Only event sponsors, designated participants, and
official patrol vessels will be allowed to enter safety zones and
special local regulation areas. Spectators and other vessels not
registered as event participants may not enter the regulated areas
without the permission of the Captain of the Port or his assigned
representatives.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation may have some impact on the public, the potential impact
will be minimized for the following reasons: vessels will only be
restricted from safety zones and special local regulation areas for a
short duration of time unless otherwise noted; vessels may transit in
all portions of the affected waterway except for those areas covered by
the proposed zones; the Coast Guard has promulgated safety zones or
special local regulations in accordance with 33 CFR parts 100 and 165
for all event areas in the past and has not received notice of any
negative impact caused by any of the safety zones or special local
regulations; and notifications will also be made to the local maritime
community by the Local Notice to Mariners and Broadcast Notice to
Mariners well in advance of the events. The effect of this proposed
action simply establishes the approximate dates on which the existing
regulations would be enforced and consolidates them within one
regulation. No new or additional restrictions will be imposed on vessel
traffic.

Small Entities

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

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

    This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship

between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes.

Energy Effects

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272) directs agencies to use voluntary consensus standards in
their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

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

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 reads as follows:

    Authority:  33 U.S.C. 1233.

Sec. Sec.  100.107, 100.108, 100.109, 100.110, 100.111, and
100.118  [Removed]

    2. Remove Sec. Sec.  100.107, 100.108, 100.109, 100.110, 100.111,
and 100.118.
    Sec.  100.114 [Amended]
    3. In Sec.  100.114, amend the table in paragraph (a) by removing
the entries for 6.1, 7.3, 7.8, 7.12, 7.13, 7.14, 7.15, 7.41, 8.8, and
9.2,
    4. Add a new Sec.  100.120 to read as follows:

Sec.  100.120  Special Local Regulations; Marine Events Held in the
Coast Guard Sector Northern New England Captain of the Port Zone.

    The following regulations apply to the marine events listed in
TABLE to Sec.  100.120. These regulations will be enforced for the
duration of each event, on or about the dates indicated. Annual notice
of the exact dates and times of the effective period of the regulations
with respect to each event, the geographical description of each
regulated area, and details concerning the nature of the event and the
number of participants and type(s) of vessels involved will be
published in a Notice of Enforcement in the Federal Register and in
Local Notices to Mariners. 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/. The Sector Northern New
England Marine Events schedule can also be viewed electronically at
http://www.homeport.uscg.mil.

    Note to introductory paragraph of Sec.  100.20:  Although listed
in the Code of Federal Regulations, sponsors of events listed in
TABLE to Sec.  100.120 are still required to submit marine event
applications in accordance with 33 CFR 100.15.

    (a) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.'' Official patrol vessels may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the Captain of the Port, Sector Northern New England.
    (b) Vessels may not transit the regulated areas without the Patrol
Commander approval. Vessels permitted to transit must operate at a no
wake speed, in a manner which will not endanger participants or other
crafts in the event.
    (c) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by an official patrol vessel.
    (d) The Patrol Commander may control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall come to an immediate stop and comply with the
lawful directions issued. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.
    (e) The Patrol Commander may delay or terminate any marine event in
this subpart at any time it is deemed necessary to ensure the safety of
life or property.
    (f) For all power boat races listed, vessels operating within the
regulated area must be at anchor within a designated spectator area or
moored to a waterfront facility in a way that will not interfere with
the progress of the event.
    (g) For all regattas and boat parades listed, spectator vessels
operating within the regulated area shall maintain a separation of at
least 50 yards from the participants.
    (h) For all rowing and paddling boat races listed, vessels not
associated with

the event shall maintain a separation of at least 50 yards from the
participants.

                         Table to Sec.   100.120
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             5.0                                  MAY
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5.1 Tall Ships Visiting         Event Type: Regatta and Boat
 Portsmouth.                    Parade.
                                Sponsor: Portsmouth Maritime
                                Commission, Inc.
                                Date: A four day event from
                                Friday through Monday during the last
                                weekend in May, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 9:00 am to 8:00 pm each
                                day.
                                Location: The regulated area
                                includes all waters of Portsmouth
                                Harbor, New Hampshire in the vicinity of
                                Castle Island within the following
                                points (NAD 83):43[deg]03[min]11[sec] N,
                                070[deg]42[min]26[sec]
                                W;43[deg]03[min]18[sec] N,
                                070[deg]41[min]51[sec]
                                W;43[deg]04[min]42[sec] N,
                                070[deg]42[min]11[sec]
                                W;43[deg]04[min]28[sec] N,
                                070[deg]44[min]12[sec]
                                W;43[deg]05[min]36[sec] N,
                                070[deg]45[min]56[sec]
                                W;43[deg]05[min]29[sec] N,
                                070[deg]46[min]09[sec]
                                W;43[deg]04[min]19[sec] N,
                                070[deg]44[min]16[sec]
                                W;43[deg]04[min]22[sec] N,
                                070[deg]42[min]33[sec] W.
------------------------------------------------------------------------
             6.0                                  JUNE
------------------------------------------------------------------------
6.1 Bar Harbor Blessing of      Event Type: Regatta and Boat
 the Fleet.                     Parade.
                                Sponsor: Town of Bar Harbor,
                                Maine.
                                Date: A one day event on Sunday
                                during the first weekend of June, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 12:00 pm to 1:30 pm.
                                Location: The regulated area
                                includes all waters of Bar Harbor, Maine
                                within the following points (NAD
                                83):44[deg]23[min]32[sec] N,
                                068[deg]12[min]19[sec]
                                W;44[deg]23[min]30[sec] N,
                                068[deg]12[min]00[sec]
                                W;44[deg]23[min]37[sec] N,
                                068[deg]12[min]00[sec]
                                W;44[deg]23[min]35[sec] N,
                                068[deg]12[min]19[sec] W.
6.2 Charlie Begin Memorial      Event Type: Power Boat Race.
 Lobster Boat Races.            Sponsor: Boothbay Harbor Lobster
                                Boat Race Committee.
                                Date: A one day event on
                                Saturday during the third weekend of
                                June, as specified in the USCG District
                                1 Local Notice to Mariners.
                                Time: 10:00 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[min]04[sec] N,
                                069[deg]38[min]37[sec]
                                W;43[deg]50[min]54[sec] N,
                                069[deg]38[min]06[sec]
                                W;43[deg]50[min]49[sec] N,
                                069[deg]37[min]50[sec]
                                W;43[deg]50[min]00[sec] N,
                                069[deg]38[min]20[sec] W.
6.3 Rockland Harbor Lobster     Event Type: Power Boat Race.
 Boat Races.                    Sponsor: Rockland Harbor Lobster
                                Boat Race Committee.
                                Date: A one day event on Sunday
                                during the third weekend of June, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 9:00 am to 5:00 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[min]59[sec] N,
                                069[deg]04[min]53[sec]
                                W;44[deg]06[min]43[sec] N,
                                069[deg]05[min]25[sec]
                                W;44[deg]06[min]50[sec] N,
                                069[deg]05[min]05[sec]
                                W;44[deg]06[min]05[sec] N,
                                069[deg]04[min]34[sec] W.
6.4 Windjammer Days Parade of   Event Type: Tall Ship Parade.
 Ships.                         Sponsor: Boothbay Region Chamber
                                of Commerce.
                                Date: A one day event on
                                Wednesday during the last week of June,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 12:00 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[min]02[sec] N,
                                069[deg]37[min]33[sec]
                                W;43[deg]50[min]47[sec] N,
                                069[deg]37[min]31[sec]
                                W;43[deg]50[min]23[sec] N,
                                069[deg]37[min]57[sec]
                                W;43[deg]50[min]01[sec] N,
                                069[deg]37[min]45[sec]
                                W;43[deg]50[min]01[sec] N,
                                069[deg]38[min]31[sec]
                                W;43[deg]50[min]25[sec] N,
                                069[deg]38[min]25[sec]
                                W;43[deg]50[min]49[sec] N,
                                069[deg]37[min]45[sec] W.
------------------------------------------------------------------------
             7.0                                  JULY
------------------------------------------------------------------------
7.1 Moosabec Lobster Boat       Event Type: Power Boat Race.
 Races.                         Sponsor: Moosabec Boat Race
                                Committee.
                                Date: A one day event held on
                                July 4th, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 10:00 am to 12:30 pm.
                                Location: The regulated area
                                includes all waters of Jonesport, Maine
                                within the following points (NAD
                                83):44[deg]31[min]21[sec] N,
                                067[deg]36[min]44[sec]
                                W;44[deg]31[min]36[sec] N,
                                067[deg]36[min]47[sec]
                                W;44[deg]31[min]44[sec] N,
                                067[deg]35[min]36[sec]
                                W;44[deg]31[min]29[sec] N,
                                067[deg]35[min]33[sec] W.
7.2 The Great Race...........   Event Type: Rowing and Paddling
                                Boat Race.
                                Sponsor: Franklin County Chamber
                                of Commerce.
                                Date: A one day event on Sunday
                                during the first week of July, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 10:00 am to 12:30 pm.
                                Location: The regulated area
                                includes all waters of Lake Champlain in
                                the vicinity of Saint Albans Bay within
                                the following points (NAD
                                83):44[deg]47[min]18[sec] N,
                                073[deg]10[min]27[sec]
                                W;44[deg]47[min]10[sec] N,
                                073[deg]08[min]51[sec] W.
7.3 Searsport Lobster Boat      Event Type: Power Boat Race.
 Races.                         Sponsor: Searsport Lobster Boat
                                Race Committee.
                                Date: A one day event on
                                Saturday during the second week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.

                                Time: 9:00 am to 4:00 pm.
                                Location: The regulated area
                                includes all waters of Searsport Harbor,
                                Maine within the following points (NAD
                                83):44[deg]26[min]50[sec] N,
                                068[deg]55[min]20[sec]
                                W;44[deg]27[min]04[sec] N,
                                068[deg]55[min]26[sec]
                                W;44[deg]27[min]12[sec] N,
                                068[deg]54[min]35[sec]
                                W;44[deg]26[min]59[sec] N,
                                068[deg]54[min]29[sec] W.
7.4 Stonington Lobster Boat     Event Type: Power Boat Race.
 Races.                         Sponsor: Stonington Lobster Boat
                                Race Committee.
                                Date: A one day event on
                                Saturday during the second week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 8:00 am to 3:30 pm.
                                Location: The regulated area
                                includes all waters of Stonington, Maine
                                within the following points (NAD
                                83):44[deg]08[min]55[sec] N,
                                068[deg]40[min]12[sec]
                                W;44[deg]09[min]00[sec] N,
                                068[deg]40[min]15[sec]
                                W;44[deg]09[min]11[sec] N,
                                068[deg]39[min]42[sec]
                                W;44[deg]09[min]07[sec] N,
                                068[deg]39[min]39[sec] W.
7.5 Mayor's Cup Regatta......   Event Type: Sailboat Parade.
                                Sponsor: Plattsburgh Sunrise
                                Rotary.
                                Date: A one day event on
                                Saturday during the second week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 10:00 am to 4:00 pm.
                                Location: The regulated area
                                includes all waters of Cumberland Bay on
                                Lake Champlain in the vicinity of
                                Plattsburgh, New York within the
                                following points (NAD
                                83):44[deg]39[min]26[sec] N,
                                073[deg]26[min]25[sec]
                                W;44[deg]41[min]27[sec] N,
                                073[deg]23[min]12[sec] W.
7.6 The Challenge Race.......   Event Type: Rowing and Paddling
                                Boat Race.
                                Sponsor: Lake Champlain Maritime
                                Museum.
                                Date: A one day event on
                                Saturday during the third week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 11:00 am to 3:00 pm.
                                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[min]25[sec] N,
                                073[deg]22[min]32[sec]
                                W;44[deg]12[min]00[sec] N,
                                073[deg]21[min]42[sec]
                                W;44[deg]12[min]19[sec] N,
                                073[deg]21[min]25[sec]
                                W;44[deg]13[min]16[sec] N,
                                073[deg]21[min]36[sec] W.
7.7 Friendship Lobster Boat     Event Type: Power Boat Race.
 Races.                         Sponsor: Friendship Lobster Boat
                                Race Committee.
                                Date: A one day event on
                                Saturday during the last week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 9:30 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Friendship
                                Harbor, Maine within the following
                                points (NAD 83):43[deg]57[min]51[sec] N,
                                069[deg]20[min]46[sec]
                                W;43[deg]58[min]14[sec] N,
                                069[deg]19[min]53[sec]
                                W;43[deg]58[min]19[sec] N,
                                069[deg]20[min]01[sec]
                                W;43[deg]58[min]00[sec] N,
                                069[deg]20[min]46[sec] W.
7.8 Arthur Martin Memorial      Event Type: Rowing and Paddling
 Regatta.                       Boat Race.
                                Sponsor: I Row.
                                Date: A one day event on
                                Saturday during the last week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 9:00 am to 1:00 pm.
                                Location: The regulated area
                                includes all waters of the Piscataqua
                                River, in the vicinity of Kittery Point,
                                Maine within the following points (NAD
                                83):43[deg]03[min]51[sec] N,
                                070[deg]41[min]55[sec]
                                W;43[deg]04[min]35[sec] N,
                                070[deg]42[min]18[sec]
                                W;43[deg]04[min]42[sec] N,
                                070[deg]43[min]15[sec]
                                W;43[deg]05[min]14[sec] N,
                                070[deg]43[min]12[sec]
                                W;43[deg]05[min]14[sec] N,
                                070[deg]43[min]06[sec]
                                W;43[deg]04[min]44[sec] N,
                                070[deg]43[min]11[sec]
                                W;43[deg]04[min]35[sec] N,
                                070[deg]42[min]13[sec]
                                W;43[deg]03[min]53[sec] N,
                                070[deg]41[min]40[sec] W.
7.9 Harpswell Lobster Boat      Event Type: Power Boat Race.
 Races.                         Sponsor: Harpswell Lobster Boat
                                Race Committee.
                                Date: A one day event on Sunday
                                during the last week of July, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 10:00 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Potts Harbor,
                                Maine within the following points (NAD
                                83):43[deg]46[min]50[sec] N,
                                070[deg]01[min]37[sec]
                                W;43[deg]46[min]50[sec] N,
                                070[deg]01[min]18[sec]
                                W;43[deg]46[min]28[sec] N,
                                070[deg]01[min]36[sec]
                                W;43[deg]46[min]28[sec] N,
                                070[deg]01[min]19[sec] W.
------------------------------------------------------------------------
             8.0                                 AUGUST
------------------------------------------------------------------------
8.1 Eggemoggin Reach Regatta.   Event Type: Wooden Boat Parade.
                                Sponsor: Rockport Marine, Inc.
                                and Brookline Boat Yard.
                                Date: A one day event on
                                Saturday during the first week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 11:00 am to 7:00 pm.
                                Location: The regulated area
                                includes all waters of Eggemoggin Reach
                                and Jericho Bay in the vicinity of
                                Naskeag Harbor, Maine within the
                                following points (NAD
                                83):44[deg]15[min]16[sec] N,
                                068[deg]36[min]26[sec]
                                W;44[deg]12[min]41[sec] N,
                                068[deg]29[min]26[sec]
                                W;44[deg]07[min]38[sec] N,
                                068[deg]31[min]30[sec]
                                W;44[deg]12[min]54[sec] N,
                                068[deg]33[min]46[sec] W.
8.2 Southport Rowgatta Rowing   Event Type: Rowing and Paddling
 and Paddling Boat Race.        Boat Race.
                                Sponsor: Boothbay Region YMCA.
                                Date: A one day event on
                                Saturday during the second week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 8:00 am to 3:00 pm.

                                Location: The regulated area
                                includes all waters of Sheepscot Bay and
                                Boothbay, on the shore side of Southport
                                Island, Maine within the following
                                points (NAD 83):43[deg]50[min]26[sec] N,
                                069[deg]39[min]10[sec]
                                W;43[deg]49[min]10[sec] N,
                                069[deg]38[min]35[sec]
                                W;43[deg]46[min]53[sec] N,
                                069[deg]39[min]06[sec]
                                W;43[deg]46[min]50[sec] N,
                                069[deg]39[min]32[sec]
                                W;43[deg]49[min]07[sec] N,
                                069[deg]41[min]43[sec]
                                W;43[deg]50[min]19[sec] N,
                                069[deg]41[min]14[sec]
                                W;43[deg]51[min]11[sec] N,
                                069[deg]40[min]06[sec] W.
8.3 Winter Harbor Lobster       Event Type: Power Boat Race.
 Boat Races.                    Sponsor: Winter Harbor Chamber
                                of Commerce.
                                Date: A one day event on
                                Saturday during the second week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 9:00 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Winter Harbor,
                                Maine within the following points (NAD
                                83):44[deg]22[min]06[sec] N,
                                068[deg]05[min]13[sec]
                                W;44[deg]23[min]06[sec] N,
                                068[deg]05[min]08[sec]
                                W;44[deg]23[min]04[sec] N,
                                068[deg]04[min]37[sec]
                                W;44[deg]22[min]05[sec] N,
                                068[deg]04[min]44[sec] W.
8.4 Lake Champlain Dragon       Event Type: Rowing and Paddling
 Boat Festival.                 Boat Race.
                                Sponsor: Dragonheart Vermont.
                                Date: A one day event on Sunday
                                during the second week of August, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 7:00 am to 5:00 pm.
                                Location: The regulated area
                                includes all waters of Burlington Bay
                                within the following points (NAD
                                83):44[deg]28[min]51[sec] N,
                                073[deg]13[min]28[sec]
                                W;44[deg]28[min]40[sec] N,
                                073[deg]13[min]40[sec]
                                W;44[deg]28[min]37[sec] N,
                                073[deg]13[min]29[sec]
                                W;44[deg]28[min]40[sec] N,
                                073[deg]13[min]17[sec] W.
8.5 Merritt Brackett Lobster    Event Type: Power Boat Race.
 Boat Races.                    Sponsor: Town of Bristol, Maine.
                                Date: A one day event on Sunday
                                during the second week of August, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 10:00 am to 3:00 pm.
                                Location: The regulated area
                                includes all waters of Pemaquid Harbor,
                                Maine within the following points (NAD
                                83):43[deg]52[min]16[sec] N,
                                069[deg]32[min]10[sec]
                                W;43[deg]52[min]41[sec] N,
                                069[deg]31[min]43[sec]
                                W;43[deg]52[min]35[sec] N,
                                069[deg]31[min]29[sec]
                                W;43[deg]52[min]09[sec] N,
                                069[deg]31[min]56[sec] W.
8.6 Multiple Sclerosis          Event Type: Regatta and Sailboat
 Regatta.                       Race.
                                Sponsor: Maine Chapter, Multiple
                                Sclerosis Society.
                                Date: A one day event on
                                Saturday during the third week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 10:00 am to 4:00 pm.
                                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[min]24[sec] N,
                                070[deg]14[min]20[sec]
                                W;43[deg]40[min]36[sec] N,
                                070[deg]13[min]56[sec]
                                W;43[deg]39[min]58[sec] N,
                                070[deg]13[min]21[sec]
                                W;43[deg]39[min]46[sec] N,
                                070[deg]13[min]51[sec] W.
8.7 Multiple Sclerosis          Event Type: Power Boat Race.
 Harborfest Tugboat Race.       Sponsor: Maine Chapter, National
                                Multiple Sclerosis Society.
                                Date: A one day event on Sunday
                                during the third week of August, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 10:00 am to 3:00 pm.
                                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[min]25[sec] N,
                                070[deg]14[min]21[sec]
                                W;43[deg]40[min]36[sec] N,
                                070[deg]13[min]56[sec]
                                W;43[deg]39[min]58[sec] N,
                                070[deg]13[min]21[sec]
                                W;43[deg]39[min]47[sec] N,
                                070[deg]13[min]51[sec] W.
------------------------------------------------------------------------
             9.0                               SEPTEMBER
------------------------------------------------------------------------
9.1 Eastport Pirates Festival   Event Type: Power Boat Race.
 Lobster Boat Races.            Sponsor: Eastport Pirates
                                Festival.
                                Date: A one day event on Sunday
                                during the second weekend of September,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 11:00 am to 6:00 pm.
                                Location: The regulated area
                                includes all waters in the vicinity of
                                Eastport Harbor, Maine within the
                                following points (NAD
                                83):44[deg]54[min]14[sec] N,
                                066[deg]58[min]52[sec]
                                W;44[deg]54[min]14[sec] N,
                                068[deg]58[min]56[sec]
                                W;44[deg]54[min]24[sec] N,
                                066[deg]58[min]52[sec]
                                W;44[deg]54[min]24[sec] N,
                                066[deg]58[min]56[sec] W.
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    5. The authority citation for part 165 reads as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
    6. Add a new Sec.  165.171 to read as follows:

Sec.  165.171  Safety Zones for Fireworks Displays held in Coast Guard
Sector Northern New England Captain of the Port Zone.

    The Coast Guard is establishing safety zones for the fireworks
displays listed in TABLE to Sec.  165.171. These regulations will be
enforced for the duration of each event, on or about the dates
indicated in TABLE to Sec.  165.171. Annual notice of the exact dates
and times of the effective period of the regulations with respect to
each firework displays, the geographical description of each regulated
area, and details concerning the nature of the event and the number of
participants and type(s) of vessels involved will be published in a
Notice of Enforcement in the Federal Register and in Local Notices to
Mariners. Mariners should consult the Federal Register and their Local
Notice to Mariners to remain apprised of minor schedule or event
changes. First Coast Guard District Local Notice to Mariners can be
found at: http://www.navcen.uscg.gov/. The

Sector Northern New England Marine Events schedule can also be viewed
electronically at: http://www.homeport.uscg.mil.

    Note to introductory paragraph of Sec.  165.171:  Although
listed in the Code of Federal Regulations, sponsors of events listed
in TABLE to Sec.  165.171 shall submit an application each year in
accordance with 33 CFR 100.15.

    (a) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.'' The ``official patrol vessels'' may consist of any Coast
Guard, Coast Guard Auxiliary, state, or local law enforcement vessels
assigned or approved by the Captain of the Port, Sector Northern New
England.
    (b) Vessels may not transit the regulated areas without Patrol
Commander approval. Vessels permitted to transit must operate at a no
wake speed, in a manner which will not endanger participants or other
crafts in the event.
    (c) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by an official patrol vessel.
    (d) The Patrol Commander may control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall come to an immediate stop and comply with the
lawful directions issued. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.
    (e) The Patrol Commander may delay or terminate any event in this
subpart at any time to assure safety. Such action may be justified as a
result of weather, traffic density, spectator operation or participant
behavior.
    (f) For all swim events listed, vessels not associated with the
event shall maintain a separation zone of 200 feet from participating
swimmers.
    (g) For all fireworks displays listed below, the regulated area is
that area of navigable waters within a 350 yard radius of the launch
platform or launch site for each fireworks display, unless modified in
USCG District 1 Local Notice to Mariners at: http://
www.navcen.uscg.gov/.

                         Table to Sec.   165.171
------------------------------------------------------------------------

------------------------------------------------------------------------
             6.0                                  JUNE
------------------------------------------------------------------------
6.1 Windjammer Days Fireworks   Event Type: Fireworks Display.
                                Sponsor: Boothbay Harbor Region
                                Chamber of Commerce.
                                Date: One night event on
                                Wednesday during the last week of June,
                                as specified in the USCG District 1
                                Local Notice to Mariners
                                at:www.navcen.uscg.gov/
                                ?pageName=lnmDistrict®ion=1.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of
                                McFarland Island, Boothbay Harbor, Maine
                                in approximate position:
                                43[deg]50[min]38[sec] N,
                                069[deg]37[min]57[sec] W (NAD 83).
------------------------------------------------------------------------
             7.0                                  JULY
------------------------------------------------------------------------
7.1 Burlington Independence     Event Type: Firework Display.
 Day Fireworks.                 Sponsor: City of Burlington,
                                Vermont.
                                Date: July 3rd, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 9:00 pm to 11:00 pm.
                                Location: From a barge in the
                                vicinity of Burlington Harbor,
                                Burlington, Vermont in approximate
                                position: 44[deg]28[min]31[sec] N,
                                073[deg]13[min]31[sec] W (NAD 83).
7.2 Camden 3rd of July          Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Camden, Rockport,
                                Lincolnville Chamber of Commerce.
                                Date: July 3rd, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:00 pm.
                                Location: In the vicinity of
                                Hampton Beach, New Hampshire in
                                approximate position:
                                44[deg]12[min]32[sec] N,
                                069[deg]02[min]58[sec] W (NAD 83).
7.3 Bangor 4th of July          Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Bangor 4th of July
                                Fireworks.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of the
                                Bangor Waterfront, Bangor, Maine in
                                approximate position:
                                44[deg]47[min]27[sec] N,
                                068[deg]46[min]31[sec] W (NAD 83).
7.4 Bar Harbor 4th of July      Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Bar Harbor Chamber of
                                Commerce.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of Bar
                                Harbor Town Pier, Bar Harbor, Maine in
                                approximate position:
                                44[deg]23[min]31[sec] N,
                                068[deg]12[min]15[sec] W (NAD 83).
7.5 Boothbay Harbor 4th of      Event Type: Fireworks Display.
 July Fireworks.                Sponsor: Town of Boothbay
                                Harbor.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of
                                McFarland Island, Boothbay Harbor, Maine
                                in approximate position:
                                43[deg]50[min]38[sec] N,
                                069[deg]37[min]57[sec] W (NAD 83).
7.6 Colchester 4th of July      Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Town of Colchester,
                                Recreation Department.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:00 pm.

                                Location: In the vicinity of
                                Bayside Beach and Mallets Bay in
                                Colchester, Vermont at approximate
                                position: 44[deg]32[min]44[sec] N,
                                073[deg]13[min]10[sec] W (NAD 83).
7.7 Eastport 4th of July        Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Eastport 4th of July
                                Committee.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 9:00 pm to 9:30 pm.
                                Location: From the Waterfront
                                Public Pier in Eastport, Maine at
                                approximate position:
                                44[deg]54[min]25[sec] N,
                                066[deg]58[min]55[sec] W (NAD 83).
7.8 Hampton Beach 4th of July   Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Hampton Beach Village
                                District.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:30 pm to 11:00 pm.
                                Location: In the vicinity of
                                Hampton Beach, New Hampshire in
                                approximate position:
                                42[deg]54[min]40[sec] N,
                                070[deg]48[min]31[sec] W (NAD 83).
7.9 Jonesport 4th of July       Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Jonesport 4th of July
                                Committee.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 9:30 pm to 10:00 pm.
                                Location: In the vicinity of
                                Beals Island, Jonesport, Maine in
                                approximate position:
                                44[deg]31[min]18[sec] N,
                                067[deg]36[min]43[sec] W (NAD 83).
7.10 Main Street Heritage       Event Type: Fireworks Display.
 Days 4th of July Fireworks.    Sponsor: Main Street Inc.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of
                                Reed and Reed Boat Yard, Woolwich, Maine
                                in approximate position:
                                43[deg]54[min]56[sec] N,
                                069[deg]48[min]16[sec] W (NAD 83).
7.11 Portland Harbor 4th of     Event Type: Fireworks Display.
 July Fireworks.                Sponsor: Department of Parks and
                                Recreation, Portland, Maine.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:30 pm to 10:30 pm.
                                Location: In the vicinity of
                                East End Beach, Portland, Maine in
                                approximate position:
                                43[deg]40[min]16[sec] N,
                                070[deg]14[min]44[sec] W (NAD 83).
7.12 St. Albans Day Fireworks   Event Type: Fireworks Display.
                                Sponsor: St. Albans Area Chamber
                                of Commerce.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 9:00 pm to 10:00 pm.
                                Location: From the St. Albans
                                Bay dock in St. Albans Bay, Vermont in
                                the approximate position:
                                44[deg]48[min]25[sec] N,
                                073[deg]08[min]23[sec] W (NAD 83).
7.13 Stonington 4th of July     Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Deer Isle--Stonington
                                Chamber of Commerce.
                                Date: July 4th, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of Two
                                Bush Island, Stonington, Maine in
                                approximate position:
                                44[deg]08[min]57[sec] N,
                                068[deg]39[min]54[sec] W (NAD 83).
7.14 Urban/EPIC Triathlon....   Event Type: Swim Event.
                                Sponsor: Tri-Maine Productions.
                                Date: A one day event on
                                Saturday during the second week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 7:00 am to 11:00 am.
                                Location: The regulated area
                                includes all waters of Portland Harbor
                                in the vicinity of East End Beach in
                                Portland, Maine within the following
                                points (NAD 83): 43[deg]40[min]00[sec]
                                N, 070[deg]14[min]20[sec] W;
                                43[deg]40[min]00[sec] N,
                                070[deg]14[min]00[sec] W;
                                43[deg]40[min]15[sec] N,
                                070[deg]14[min]29[sec] W;
                                43[deg]40[min]17[sec] N,
                                070[deg]13[min]22[sec] W.
7.15 Tri for a Cure Swim        Event Type: Swim Event.
 Clinics.                       Sponsor: Maine Cancer
                                Foundation.
                                Date: A two day event held on
                                third Sunday and Thursday in July, as
                                specified in the USCG District 1 Local
                                Notice to Mariners.
                                Time: 12:30 pm to 7:30 pm.
                                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[min]01[sec] N,
                                070[deg]13[min]32[sec] W;
                                43[deg]39[min]07[sec] N,
                                070[deg]13[min]29[sec] W;
                                43[deg]39[min]06[sec] N,
                                070[deg]13[min]41[sec] W;
                                43[deg]39[min]01[sec] N,
                                070[deg]13[min]36[sec] W.
7.16 Richmond Days Fireworks.   Event Type: Fireworks Display.
                                Sponsor: Town of Richmond,
                                Maine.
                                Date: A one day event on
                                Saturday during the fourth weekend of
                                July, as specified in the USCG District
                                1 Local Notice to Mariners.
                                Time: 8:00 pm to 10:00 pm.
                                Location: From a barge in the
                                vicinity of the inner harbor, Tenants
                                Harbor, Maine in approximate position:
                                44[deg]08[min]42[sec] N,
                                068[deg]27[min]06[sec] W (NAD 83).
7.17 Colchester Triathlon....   Event Type: Swim Event.
                                Sponsor: Colchester Parks and
                                Recreation Department.
                                Date: A one day event on
                                Wednesday during the last week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 7:00 am to 11:00 am.

                                Location: The regulated area
                                includes all waters of Malletts Bay on
                                Lake Champlain, Vermont within the
                                following points (NAD 83):
                                44[deg]32[min]18[sec] N,
                                073[deg]12[min]35[sec] W;
                                44[deg]32[min]28[sec] N,
                                073[deg]12[min]56[sec] W;
                                44[deg]32[min]57[sec] N,
                                073[deg]12[min]38[sec] W.
7.18 Peaks to Portland Swim..   Event Type: Swim Event.
                                Sponsor: Cumberland County YMCA.
                                Date: A one day event on
                                Saturday during the last week of July,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 5:00 am to 1:00 pm.
                                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[min]20[sec]
                                N, 070[deg]11[min]58[sec] W;
                                43[deg]39[min]45[sec] N,
                                070[deg]13[min]19[sec] W;
                                43[deg]40[min]11[sec] N,
                                070[deg]14[min]13[sec] W;
                                43[deg]40[min]08[sec] N,
                                070[deg]14[min]29[sec] W;
                                43[deg]40[min]00[sec] N,
                                070[deg]14[min]23[sec] W;
                                43[deg]39[min]34[sec] N,
                                070[deg]13[min]31[sec] W;
                                43[deg]39[min]13[sec] N,
                                070[deg]11[min]59[sec] W.
------------------------------------------------------------------------
             8.0                                 AUGUST
------------------------------------------------------------------------
8.1 Sprucewold Cabbage Island   Event Type: Swim Event.
 Swim.                          Sponsor: Sprucewold Association.
                                Date: A one day event on
                                Saturday during the first week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 1:00 pm to 6:00 pm.
                                Location: The regulated area
                                includes all waters of Linekin Bay
                                between Cabbage Island and Sprucewold
                                Beach in Boothbay Harbor, Maine within
                                the following points (NAD 83):
                                43[deg]50[min]37[sec] N,
                                069[deg]36[min]23[sec] W;
                                43[deg]50[min]37[sec] N,
                                069[deg]36[min]59[sec] W;
                                43[deg]50[min]16[sec] N,
                                069[deg]36[min]46[sec] W;
                                43[deg]50[min]22[sec] N,
                                069[deg]36[min]21[sec] W.
8.2 Westerlund's Landing        Event Type: Fireworks Display.
 Party Fireworks.               Sponsor: Portside Marina.
                                Date: A one day event on
                                Saturday during the first weekend of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of
                                Westerlund's Landing in South Gardiner,
                                Maine in approximate
                                position:44[deg]10[min]19[sec] N,
                                069[deg]45[min]24[sec] W (NAD 83).
8.3 Y-Tri Triathlon..........   Event Type: Swim Event.
                                Sponsor: Plattsburgh YMCA.
                                Date: A one day event on
                                Saturday during the first week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 9:00 am to 10:00 am.
                                Location: The regulated area
                                includes all waters of Treadwell Bay on
                                Lake Champlain in the vicinity of Point
                                Au Roche State Park, Plattsburgh, New
                                York within the following points (NAD
                                83): 44[deg]46[min]30[sec] N,
                                073[deg]23[min]26[sec] W;
                                44[deg]46[min]17[sec] N,
                                073[deg]23[min]26[sec] W;
                                44[deg]46[min]17[sec] N,
                                073[deg]23[min]46[sec] W;
                                44[deg]46[min]29[sec] N,
                                073[deg]23[min]46[sec] W.
8.4 Greater Burlington YMCA     Event Type: Swim Event.
 Lake Swim.                     Sponsor: Greater Burlington
                                YMCA.
                                Date: A one day event on
                                Saturday during the second week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 8:00 am to 6:00 pm.
                                Location: The regulated area
                                includes all waters in Lake Champlain in
                                the vicinity of North Hero Island within
                                the following points (NAD 83):
                                44[deg]46[min]55[sec] N,
                                073[deg]22[min]14[sec] W;
                                44[deg]47[min]08[sec] N,
                                073[deg]19[min]05[sec] W;
                                44[deg]46[min]48[sec] N,
                                073[deg]17[min]13[sec] W;
                                44[deg]46[min]10[sec] N,
                                073[deg]16[min]39[sec] W;
                                44[deg]41[min]08[sec] N,
                                073[deg]20[min]58[sec] W;
                                44[deg]41[min]36[sec] N,
                                073[deg]23[min]01[sec] W.
8.5 Tri for a Cure Triathlon.   Event Type: Swim Event.
                                Sponsor: Maine Cancer
                                Foundation.
                                Date: A one day event on the
                                second Sunday in August, as specified in
                                the USCG District 1 Local Notice to
                                Mariners.
                                Time: 12:30 pm to 4:30 pm.
                                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[min]01[sec] N,
                                070[deg]13[min]32[sec] W;
                                43[deg]39[min]07[sec] N,
                                070[deg]13[min]29[sec] W;
                                43[deg]39[min]06[sec] N,
                                070[deg]13[min]41[sec] W;
                                43[deg]39[min]01[sec] N,
                                070[deg]13[min]36[sec] W.
8.6 Tri for a Cure Swim         Event Type: Swim Event.
 Clinics.                       Sponsor: Maine Cancer
                                Foundation.
                                Date: A two day event held on
                                the first and second Saturday in August,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 8:30 am to 11:30 am.
                                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[min]01[sec] N,
                                070[deg]13[min]32[sec] W;
                                43[deg]39[min]07[sec] N,
                                070[deg]13[min]29[sec] W;
                                43[deg]39[min]06[sec] N,
                                070[deg]13[min]41[sec] W;
                                43[deg]39[min]01[sec] N,
                                070[deg]13[min]36[sec] W.
8.7 Rockland Breakwater Swim.   Event Type: Swim Event.
                                Sponsor: Pen-Bay Masters.
                                Date: A one day event on
                                Saturday during the fourth week of
                                August, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 7:30 am to 1:30 pm.

                                Location: The regulated area
                                includes all waters of Rockland Harbor,
                                Maine in the vicinity of Jameson Point
                                within the following points (NAD 83):
                                44[deg]06[min]16[sec] N,
                                069[deg]04[min]39[sec] W;
                                44[deg]06[min]13[sec] N,
                                069[deg]04[min]36[sec] W;
                                44[deg]06[min]12[sec] N,
                                069[deg]04[min]43[sec] W;
                                44[deg]06[min]17[sec] N,
                                069[deg]04[min]44[sec] W;
                                44[deg]06[min]18[sec] N,
                                069[deg]04[min]40[sec] W.
------------------------------------------------------------------------
             9.0                               SEPTEMBER
------------------------------------------------------------------------
9.1 Windjammer Weekend          Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Town of Camden, Maine.
                                Date: A one day event on Friday
                                during the first weekend of September,
                                as specified in the USCG District 1
                                Local Notice to Mariners.
                                Time: 8:00 pm to 9:30 pm.
                                Location: From a barge in the
                                vicinity of Northeast Point, Camden
                                Harbor, Maine in approximate position:
                                44[deg]12[min]10[sec] N,
                                069[deg]03[min]11[sec] W (NAD 83).
9.2 The Lobsterman Triathlon.   Event Type: Swim Event.
                                Sponsor: Tri-Maine Productions.
                                Date: A one day swim event on
                                Saturday during the second weekend of
                                September, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 8:00 am to 11:00 am.
                                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[min]59[sec] N,
                                070[deg]06[min]56[sec] W;
                                43[deg]47[min]44[sec] N,
                                070[deg]06[min]56[sec] W;
                                43[deg]47[min]44[sec] N,
                                070[deg]07[min]27[sec] W;
                                43[deg]47[min]57[sec] N,
                                070[deg]07[min]27[sec] W.
9.3 Burlington Triathlon.....   Event Type: Swim Event.
                                Sponsor: Race Vermont.
                                Date: A one day swim event on
                                Sunday during the second weekend of
                                September, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 7:00 am to 10:00 am.
                                Location: The regulated area
                                includes all waters in the vicinity of
                                North Beach, Burlington, Vermont within
                                the following points (NAD 83):
                                44[deg]29[min]31[sec] N
                                073[deg]14[min]22[sec] W;
                                44[deg]29[min]12[sec] N
                                073[deg]14[min]14[sec] W;
                                44[deg]29[min]17[sec] N
                                073[deg]14[min]34[sec] W.
9.4 Eliot Festival Day          Event Type: Fireworks Display.
 Fireworks.                     Sponsor: Eliot Festival Day
                                Committee.
                                Date: A one day event on
                                Saturday during the fourth weekend of
                                September, as specified in the USCG
                                District 1 Local Notice to Mariners.
                                Time: 8:00 pm to 10:30 pm.
                                Location: In the vicinity of
                                Eliot Town Boat Launch, Eliot, Maine in
                                approximate position:
                                43[deg]08[min]56[sec] N,
                                070[deg]49[min]52[sec] W (NAD 83).
------------------------------------------------------------------------

    Dated: December 21, 2010.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern New
England.
[FR Doc. 2011-173 Filed 1-10-11; 8:45 am]
BILLING CODE 9110-04-P


June 20, 2006 NAICS Code Base Size Standards Memo to the Record 1 USING UPDATED NAICS CODE BASED SIZED STANDARDS FOR SMALL BUSINESS DETERMINATIONS FOR THE FINAL 316( B) PHASE III RULE As described in Chapter D1 of the Economic and Benefits Analysis for the Final Section 316( b) Phase III Existing Facilities Rule ( EPA 821 R 06 001), the SBA small business size standards changed from a SIC code based system to a NAICS code based system on October 1, 2000. The NAICS code system was further updated effective January 5, 2006. Because EPA structured its data collection effort for existing facilities before these changes and based on the SIC code framework, EPA performed the small entity analysis for existing facilities based on SIC codes. This memorandum presents the methodology for using the updated NAICS based size standards, effective January 5, 2006, for use in the small entity analysis.

Identifying NAICS Codes and Thresholds EPA started with the unique firm level, 4 digit SIC codes for firms that own existing facilities potentially subject to Phase III regulation. EPA used information from the Economic Census, 1997 Economic Census: Bridge Between NAICS and SIC, to determine 1997 NAICS Codes classifications for these firms. 1 EPA also used an additional Economic Census publication and dataset, 1997 NAICS Matched to 2002 NAICS, to bring all associated NAICS codes forward to NAICS 2002 so that the most current small business thresholds could be used ( Census, 2003). EPA then matched size standards from the updated size standards effective January 2006 to the NAICS codes associated with each firm's SIC code. Table 1 presents firm level SIC codes and sector descriptions, and the corresponding NAICS based codes, sector descriptions, and small business thresholds, of firms owning any Manufacturers survey facilities ( i. e., regardless of intake size) determined to be potentially subject to the Phase III regulation. For ease of reference, gray shading is used to highlight SIC codes with corresponding NAICS code that have a different size standard from the SIC standard.

Table 1: Small Business Thresholds Based on SIC Codes and NAICS Codes SIC Code SIC Code Description NAICS Code NAICS Code Description NAICS Size Standards ( employees/ $ millions)

111991 Sugar Beet Farming $ 0.75 0133 Sugarcane and Sugar Beets 111930 Sugarcane Farming $ 0.75 1011 Iron Ores 212210 Iron Ore Mining 500 1311 Crude Petroleum and Natural Gas. 211111 Crude Petroleum and Natural Gas Extraction 500 2011 Meat Packing Plants 311611 Animal ( except Poultry) Slaughtering 500 2046 Wet Corn Milling 311221 Wet Corn Milling 750 2061 Cane Sugar, Except Refining 311311 Sugarcane Mills 500 2062 Cane Sugar Refining 311312 Cane Sugar Refining 750 2063 Beet Sugar 311313 Beet Sugar Manufacturing 750 311222 Soybean Processing 500 2075 Soybean Oil Mills 311225 Fats and Oils Refining and Blending 1,000 2211 Broadwoven Fabric Mills, 313210 Broadwoven Fabric Mills 1,000 1 Two different bridges are available from Census. One provides a bridge based on the processes/ activities performed and the other bridge is based on establishment classifications. This analysis uses the bridge based on establishment classifications ( Census, 2000). June 20, 2006 NAICS Code Base Size Standards Memo to the Record 2 Table 1: Small Business Thresholds Based on SIC Codes and NAICS Codes SIC Code SIC Code Description NAICS Code NAICS Code Description NAICS Size Standards ( employees/ $ millions)

Cotton 321113 Sawmills 500 321912 Cut Stock, Resawing Lumber, and Planing 500 321918 Other Millwork ( including Flooring) 500 2421 Sawmills and Planing Mills, General 321999 All Other Miscellaneous Wood Product Manufacturing 500 2611 Pulp Mills 322110 Pulp Mills 750 322121 Paper ( except Newsprint) Mills 750 2621 Paper Mills 322122 Newsprint Mills 750 2631 Paperboard Mills 322130 Paperboard Mills 750 2653 Corrugated and Solid Fiber Boxes 322211 Corrugated and Solid Fiber Box Manufacturing 500 322223 Plastics, Foil, and Coated Paper Bag Manufacturing 500 2673 Plastics, Foil, and Coated Paper Bags 326111 Unsupported Plastics Bag Manufacturing 500 322121 Paper ( except Newsprint) Mills 750 2676 Sanitary Paper Products 322291 Sanitary Paper Product Manufacturing 500 322222 Coated and Laminated Paper Manufacturing 500 322231 Die Cut Paper and Paperboard Office Supplies Manufacturing 500 2679 Converted Paper and Paperboard Products, N. E. C.

322299 All Other Converted Paper Product Manufacturing 500 2711 Newspapers: Publishing, or Publishing and Printing 511110 Newspaper Publishers 500 2812 Alkalies and Chlorine 325181 Alkalis and Chlorine Manufacturing 1,000 2813 Industrial Gases 325120 Industrial Gas Manufacturing 1,000 325131 Inorganic Dye and Pigment Manufacturing 1,000 325188 All Other Basic Inorganic Chemical Manufacturing 1,000 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing 500 2819 Industrial Inorganic Chemicals, N. E. C.

331311 Alumina Refining 1,000 2821 Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers 325211 Plastics Material and Resin Manufacturing 750 2824 Manmade Organic Fibers, Except Cellulosic 325222 Noncellulosic Organic Fiber Manufacturing 1,000 2833 Medicinal Chemicals and Botanical Products 325411 Medicinal and Botanical Manufacturing 750 2834 Pharmaceutical Preparations 325412 Pharmaceutical Preparation Manufacturing 750 2841 Soap and Other Detergents, Except Specialty Cleaners 325611 Soap and Other Detergent Manufacturing ( pt) 750 2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products 325510 Paint and Coating Manufacturing 500 June 20, 2006 NAICS Code Base Size Standards Memo to the Record 3 Table 1: Small Business Thresholds Based on SIC Codes and NAICS Codes SIC Code SIC Code Description NAICS Code NAICS Code Description NAICS Size Standards ( employees/ $ millions)

325110 Petrochemical Manufacturing 1,000 325120 Industrial Gas Manufacturing 1,000 325188 All Other Basic Inorganic Chemical Manufacturing 1,000 325193 Ethyl Alcohol Manufacturing 1,000 2869 Industrial Organic Chemicals, N. E. C.

325199 All Other Basic Organic Chemical Manufacturing 1,000 2873 Nitrogenous Fertilizers 325311 Nitrogenous Fertilizer Manufacturing 1,000 2874 Phosphatic Fertilizers 325312 Phosphatic Fertilizer Manufacturing 500 2891 Adhesives and Sealants 325520 Adhesive Manufacturing 500 311942 Spice and Extract Manufacturing 500 325199 All Other Basic Organic Chemical Manufacturing 1,000 325510 Paint and Coating Manufacturing 500 2899 Chemicals and Chemical Preparations, N. E. C.

325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing 500 2911 Petroleum Refining 324110 Petroleum Refineries 1,500a 324199 All Other Petroleum and Coal Products Manufacturing 500 3312 Steel Works, Blast Furnaces ( Including Coke Ovens), and Rolling Mills 331111 Iron and Steel Mills 1,000 331112 Electrometallurgical Ferroalloy Product Manufacturing 750 3313 Electrometallurgical Products, Except Steel 331492 Secondary Smelting, Refining, and Alloying of Nonferrous Metal ( except Copper and Aluminum) 750 331222 Steel Wire Drawing 1,000 3315 Steel Wiredrawing and Steel Nails and Spikes 332618 Other Fabricated Wire Product Manufacturing 500 3316 Cold Rolled Steel Sheet, Strip, and Bars 331221 Cold Rolled Steel Shape Manufacturing 1,000 3317 Steel Pipe and Tubes 331210 Iron and Steel Pipe and Tube Manufacturing from Purchased Steel 1,000 3334 Primary Production of Aluminum 331312 Primary Aluminum Production 1,000 3339 Primary Smelting and Refining of Nonferrous metals, Except Copper and Aluminum 331419 Primary Smelting and Refining of Nonferrous Metal ( except Copper and Aluminum) 750 331315 Aluminum Sheet, Plate and Foil Manufacturing 750 3353 Aluminum Sheet, Plate, and Foil 332996 Fabricated Pipe and Pipe Fitting Manufacturing 500 3421 Cutlery 332211 Cutlery and Flatware ( except Precious) Manufacturing 500 336211 Motor Vehicle Body Manufacturing 1,000 3714 Motor Vehicle Parts and Accessories 336312 Gasoline Engine and Engine Parts Manufacturing 750 June 20, 2006 NAICS Code Base Size Standards Memo to the Record 4 Table 1: Small Business Thresholds Based on SIC Codes and NAICS Codes SIC Code SIC Code Description NAICS Code NAICS Code Description NAICS Size Standards ( employees/ $ millions)

336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing 750 336330 Motor Vehicle Steering and Suspension Components ( except Spring) Manufacturing 750 336340 Motor Vehicle Brake System Manufacturing 750 336350 Motor Vehicle Transmission and Power Train Parts Manufacturing 750 336399 All Other Motor Vehicle Parts Manufacturing 750 332912 Fluid Power Valve and Hose Fitting Manufacturing 500 333995 Fluid Power Cylinder and Actuator Manufacturing 500 333996 Fluid Power Pump and Motor Manufacturing 500 3728 Aircraft Parts and Auxiliary Equipment, N. E. C.

336413 Other Aircraft Part and Auxiliary Equipment Manufacturing 1,000b 3851 Ophthalmic Goods 339115 Ophthalmic Goods Manufacturing 500 314999 All Other Miscellaneous Textile Product Mills 500 316110 Leather and Hide Tanning and Finishing 500 321999 All Other Miscellaneous Wood Product Manufacturing 500 322299 All Other Converted Paper Product Manufacturing 500 323110 Commercial Lithographic Printing 500 323111 Commercial Gravure Printing 500 323112 Commercial Flexographic Printing 500 323113 Commercial Screen Printing 500 323119 Other Commercial Printing 500 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing 500 326199 All Other Plastics Product Manufacturing 500 332212 Hand and Edge Tool Manufacturing 500 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 500 335121 Residential Electric Lighting Fixture Manufacturing 500 337127 Institutional Furniture Manufacturing 500 3999 Manufacturing Industries, N. E. C.

339999 All Other Miscellaneous Manufacturing 500 424510 Grain and Field Bean Merchant Wholesalers 500 5153 Grain and Field Beans 425110 Business to Business Electronic Markets ( pt) 100 June 20, 2006 NAICS Code Base Size Standards Memo to the Record 5 Table 1: Small Business Thresholds Based on SIC Codes and NAICS Codes SIC Code SIC Code Description NAICS Code NAICS Code Description NAICS Size Standards ( employees/ $ millions)

425120 Wholesale Trade Agents and Brokers ( pt) 100 424710 Petroleum Bulk Stations and Terminals 100 454311 Heating Oil Dealers $ 11.50 5171 Petroleum Bulk Stations and Terminals 454312 Liquefied Petroleum Gas ( Bottled Gas) Dealers $ 6.50 522120 Savings Institutions $ 165 million in assetsc 522210 Credit Card Issuing $ 165 million in assetsc 522220 Sales Financing $ 6.50 6141 Personal Credit Institutions 522291 Consumer Lending $ 6.50 6719 Offices of Holding Companies, N. E. C. 551112 Offices of Other Holding Companies $ 6.50 Notes ( from source SBA publications):

a For purposes of Government procurement, the petroleum refiner must be a concern that has no more than 1,500 employees nor more than 125,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity. Capacity includes owned or leased facilities as well as facilities under a processing agreement or an arrangement such as an exchange agreement or a throughput. The total product to be delivered under the contract must be at least 90 percent refined by the successful bidder from either crude oil or bona fide feedstocks.

b Contracts for the rebuilding or overhaul of aircraft ground support equipment on a contract basis are classified under NAICS code 336413.

c A financial institution's assets are determined by averaging the assets reported on its four quarterly financial statements for the preceding year. " Assets" for the purposes of this size standard means the assets defined according to the Federal Financial Institutions Examination Council 034 call report form.

Source: Census, 2000; Census, 2003; U. S. SBA, 2006.

Determination of NAICS Based Size Thresholds In instances in which a single SIC code maps to more than one NAICS code and the size thresholds for the NAICS codes vary, EPA used the higher/ highest of the NAICS based size thresholds for the small entity determination. Using the higher/ highest of the NAICS based size thresholds for the determination provides a more conservative test of the chance that a firm would have been classified as small if the NAICS based size thresholds had been used in the small entity analysis instead of the SIC based size thresholds. June 20, 2006 NAICS Code Base Size Standards Memo to the Record 6 REFERENCES U. S. Census Bureau ( Census). 2003. 1997 NAICS Matched to 2002 NAICS. May 2003. Available at: http:// www. census. gov/ epcd/ naics02/ NAICS97toNAICS02. xls.

U. S. Census Bureau ( Census). 2000. 1997 Economic Census: Bridge Between NAICS and SIC. June 2000. Available at: http:// www. census. gov/ epcd/ ec97brdg/ ( Table 2).

U. S. Small Business Administration ( U. S. SBA). 2006. Small Business Size Standards matched to North American Industry Classification System. Available at: http:// www. sba. gov/ size/ sizetable2002. html U. S. Small Business Administration ( U. S. SBA). 2002. Small Business Size Standards. Available at: http:// www. sba. gov/ size/ indextableofsize. html.

U. S. Small Business Administration ( U. S. SBA). 2000. Effective until September 30, 2000. Small Business Size Standards. Available at: http:// www. sba. gov/ regulations/ siccodes/.