[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Proposed Rules]
[Pages 13576-13597]
[FR Doc No: 2013-04622]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2012-0970]
RIN 1625-AA00, AA08

Special Local Regulations and Safety Zones; Recurring Marine
Events and Fireworks Displays Within the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the list of special local
regulations and safety zones established for recurring marine events
and fireworks displays at various locations within the geographic
boundary of the Fifth Coast Guard District. This rulemaking proposes to
revise Coast Guard regulations by adding 15 new annual recurring marine
events, fireworks displays and revising event date(s) and coordinates
for 31 previously established locations within the geographic boundary
of the Fifth Coast Guard District. This proposed rule would also delete
21 previously listed marine events, fireworks displays and
corresponding regulated areas that no longer occur. These regulations
would apply to all events listed in the table attached to the
regulation, and include events such as regattas, power boat races,
marine parades, swimming races and fireworks displays. Special local
regulations and safety zones are being proposed to provide for the
safety of life on navigable waters during these events, reduce the
Coast Guard's administrative workload and expedite public notification
of events. Entry into or movement within these proposed regulated areas
during the enforcement periods is prohibited without approval of the
appropriate Captain of the Port.

DATES: Comments and related material must be received by the Coast
Guard on or before April 1, 2013.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Dennis M. Sens, Prevention Division, Fifth Coast Guard
District,<PHONE_NUMBER><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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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 email 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,
type the docket number [USCG-2012-0970] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    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.

2. 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,
type the docket number (USCG-2012-0970) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.

B. Regulatory History and Information

    The special local regulations at 33 CFR 100.501 were amended in the
January 19, 2012, issue of the Federal Register (77 FR 2632). The
purpose of the rulemaking was to revise the TABLE to 33 CFR 100.501 by
adding new annual recurring marine events, modifying event date(s) for
previously established locations within the geographic boundary of the
Fifth Coast Guard District; and delete previously listed marine events
and corresponding regulated areas that no longer occur.
    The safety zones at 33 CFR 165.506 were amended in the March 23,
2012, issue of the Federal Register (77 FR 16932). The Coast Guard
revised the list of permanent safety zones in the TABLE to 33 CFR
165.506, for recurring fireworks displays, by adding new locations,
deleting previously established locations and modifying previously
established locations within the geographic boundary of the Fifth Coast
Guard District.

C. Basis and Purpose

    The Coast Guard proposes to revise the list of permanent special
local regulations at 33 CFR 100.501 and safety zones at 33 CFR 165.506,
established for recurring marine events and fireworks displays at
various locations within the geographic boundary of the Fifth Coast
Guard District. The Fifth Coast Guard District is comprised of the land
areas and U.S. navigable waters adjacent to North Carolina, Virginia,
District of Columbia, Maryland, Delaware and portions of Pennsylvania
and New Jersey. For a detailed description of the geographical area of
the district and each Coast Guard Sector--Captain of the Port Zone,
please see 33 CFR 3.25.

Special Local Regulations

    Under 33 CFR 100.35, the Coast Guard District Commander has
authority to promulgate certain special local regulations deemed
necessary to ensure the safety of life on the navigable waters
immediately before, during, and immediately after an approved regatta
or marine parade. Currently there are 59 special local regulations that
are established and enforced at various periods throughout the year
that are held on an annual basis. This proposed rule will decrease the
total number of special local regulations to 51 locations for marine
events within the boundary of the Fifth Coast Guard District. This
regulation currently includes events such as sailing regattas, power
boat races, swim races, holiday parades, crew and other paddle craft
races. The Coast Guard proposes to revise the list of special local
regulations at 33 CFR 100.501, established for various marine events,
by adding 7 new annual recurring events and revising 13 previously
established locations within the geographic boundary of the Fifth Coast
Guard District. This rule also deletes 15 previously listed marine
events and corresponding regulated areas that are no longer occurring.
    The Coast Guard proposes to revise regulations at 33 CFR 100.501 by
adding 7 new marine event locations to the permanent special local
regulations listed in this section. The new special local regulations
are listed in the following table, including reference by section as
printed in the Table to Sec.  100.501.

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                          Table to Sec.
        No.              100.501 section                                   Location
----------------------------------------------------------------------------------------------------------------
1..................  a.14..................  Intra Coastal Waterway, Ocean City, NJ.
2..................  a.15..................  Intra Coastal Waterway, Atlantic City, NJ.
3..................  b.3...................  Spa Creek and Annapolis Harbor, MD.
4..................  b.15..................  Potomac River, MD (near US-301 bridge).
5..................  b.16..................  Potomac River, MD (near National Hbr. Marina).
6..................  b.20..................  Patuxent River, Solomons, MD.
7..................  d.5...................  Lake Gaston, Littleton, NC.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard proposes to revise regulations at 33 CFR 100.501 by
modifying 13 existing regulated areas. This revision involves changes
to event date(s) and coordinates as indicated in the next table. The
revised special local regulations are listed in the following table,
including reference by section as printed in the Table to Sec.
100.501.

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                        Table to Sec.   100.501
         No.                    section                    Location                         Revision
----------------------------------------------------------------------------------------------------------------
1....................  a.2.....................  Delaware River, Delaware      date.
                                                  City, DE.
2....................  a.8.....................  N. Atlantic Ocean, Atlantic   date.
                                                  City, NJ.
3....................  b.1.....................  Severn River (near USN        coordinates.
                                                  Academy).
4....................  b.2.....................  Severn River (near USN        date & coordinates.
                                                  Academy).
5....................  b.10....................  Nanticoke River, Sharptown,   date & coordinates.
                                                  MD.
6....................  b.11....................  Prospect Bay, Kent Island,    date.
                                                  MD.
7....................  c.1.....................  W. Branch Elizabeth River,    date.
                                                  Portsmouth, VA.
8....................  c.4.....................  N. Atlantic Ocean, Ocean      date.
                                                  City, MD.
9....................  c.5.....................  Elizabeth River, Norfolk, VA  date.
10...................  c.6.....................  Rappahannock River, Layton,   date.
                                                  VA.
11...................  c.7.....................  Assateague Channel,           date.
                                                  Chincoteague, VA.
12...................  c.9.....................  Sunset Creek & Hampton        date.
                                                  River, Hampton, VA.
13...................  c.10....................  Back River, Poquoson, VA....  date.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard proposes to amend regulations at 33 CFR 100.501 by
disestablishing the following 15 special local regulated areas.

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                  Date                                  Event                          Regulated area
----------------------------------------------------------------------------------------------------------------
April--2nd Saturday.....................  St. Mary's College Seahawk        Specified waters of St. Mary's
                                           Sprint                            River, Maryland.

September--4th or last Saturday and       Chesapeake Bay Powerboat          Specified waters of Choptank River,
 Sunday                                    Association Cambridge Offshore    between Goose Point, MD and
                                           Challenge.                        Oystershell Point, MD.
September--4th or last Saturday           Columbia Triathlon Assn. Inc.     Specified waters of Choptank River
                                           Chesapeakeman Ultra Triathlon.    near Great Marsh Park, Cambridge,
                                                                             MD.
April--4th Friday and Saturday            Crawford Bay Crew Classic, Port   Specified waters of Southern Branch,
                                           Events, Inc.                      Elizabeth River, Virginia.
April--4th Saturday and Sunday            Wet Spring Regatta..............  Specified waters of Willoughby Bay
                                                                             near Norfolk, Virginia.
May--2nd Friday and Saturday              Hydroplane races, Virginia Boat   Specified waters of Western Branch,
                                           Racing Assn.                      Elizabeth River near City Park,
                                                                             Portsmouth, Virginia.
July--3rd Sunday........................  Watermen's Heritage Festival      Specified waters of York River, near
                                           Workboat Races, Watermen's        Yorktown, Virginia.
                                           Museum of Yorktown, VA.
August--1st Friday, Saturday and Sunday   Power boat race, East Coast Boat  Specified waters of Chesapeake Bay
                                           Racing Club of New Jersey.        near Cape Charles, Virginia.
September--2nd Friday and Saturday        Ocean City, MD power boat race,   Specified waters of North Atlantic
                                           Offshore Performance Assn.        Ocean Near Ocean City, Maryland.
                                           Racing, LLC.
October--1st Saturday and Sunday          Clarksville Hydroplane            Specified waters of John H. Kerr
                                           Challenge, Virginia Boat Racing   Reservoir, adjacent to the State
                                           Association.                      Route 15 Highway Bridge and
                                                                             Occoneechee State Park,
                                                                             Clarksville, Virginia.
October--2nd Friday.....................  U.S. Navy Fleet Week              Specified waters of Elizabeth River
                                           Celebration.                      and its southern and eastern
                                                                             branches in the vicinity of Norfolk
                                                                             and Portsmouth, Virginia.
October--2nd Saturday and Sunday          Hydroplane races, Virginia Boat   Specified waters of Western Branch,
                                           Racing Assn.                      Elizabeth River, near City Park,
                                                                             Portsmouth, Virginia.
October--last Saturday and Sunday         Hampton Roads Sailboard Classic.  Specified waters of Willoughby Bay,
                                                                             near Norfolk Virginia.
November--1st Friday and Saturday         International Search and Rescue   Specified waters of Southern Branch,
                                           Competition, Norfolk, VA.         Elizabeth River, Portsmouth,
                                                                             Virginia.
November--4th or last Saturday            Holidays in the City, Norfolk     Specified waters of Elizabeth River
                                           Festevents, Ltd.                  and its southern and eastern
                                                                             branches in the vicinity of Norfolk
                                                                             and Portsmouth, Virginia.
----------------------------------------------------------------------------------------------------------------

    In the past, the Coast Guard regulated marine events by creating
individual special local regulations on a case by case basis. Most of
these events required only the establishment of a regulated area and
assignment of a patrol commander to ensure safety. Issuing individual,
annual special local regulations has imposed a significant
administrative burden on the Coast Guard.
    Additionally, for the majority of these events, the Coast Guard
does not receive notification of the marine event, or important details
of the event are not finalized by event organizers, with sufficient
time to publish a notice of proposed rulemaking and final rule before
the event date. The Coast Guard must therefore issue temporary final
rules that sometimes are completed only days before the event. This
results in delayed notification to the public, potentially placing the
public and event participants at risk.
    This proposed rule would significantly relieve the administrative
burden on the Coast Guard, and at the same time allow the sponsor of
the event and the Coast Guard to notify the public of these events in a
timely manner. The public would be provided with notice of events
through the table attached to this regulation. This table lists each
recurring marine event that may be regulated by the Coast Guard, and
indicates the sponsor, as well as the date(s) and location of the
event. Because the dates and locations of these events may change
slightly from year to year, the specific information on each event,
including the exact dates, specific areas, and description of the
regulated area, would be provided to the public through a Local Notice
to Mariners published before the event, as well as through Broadcast
Notice to Mariners. This table would also be updated by the Coast Guard
periodically to add new recurring events, update listed events to
ensure accurate information is provided and remove events that no
longer occur.
    Based on the nature of marine events, large number of participants
and spectators, and event locations, the Coast Guard has determined
that the events listed in this rule could pose a risk to participants
or waterway users if normal vessel traffic were to interfere with the
event. Possible hazards include risks of participant injury or death
resulting from near or actual contact with non-participant vessels
traversing through the regulated areas. In order to protect the safety
of all waterway users including event participants and spectators, this
proposed rule would establish special local regulations for the time
and location of each marine event.
    This proposed rule prevents vessels from entering, transiting,
mooring or anchoring within areas specifically designated as regulated
areas during the periods of enforcement unless authorized by the
Captain of the Port, or designated Coast Guard Patrol Commander. The
designated ``Patrol Commander'' includes Coast Guard commissioned,
warrant, or petty officer who has been designated by the Captain of the
Port to act on their behalf. On-scene patrol commander may be augmented
by local, State or Federal officials authorized to act in support of
the Coast Guard.

Safety Zones

    Under 33 CFR 165.23, the Coast Guard District Commander has
authority to promulgate certain safety zones deemed necessary to ensure
the safety of life on the navigable waters immediately before, during,
and immediately after an approved fireworks displays. In this rule the
Coast Guard proposes to revise the list of permanent safety zones at 33
CFR 165.506, established for fireworks displays at various locations
within the geographic boundary of the Fifth Coast Guard District. For a
description of the geographical area of the Fifth District and
subordinate Coast Guard Sectors--Captain of the Port Zones, please see
33

CFR 3.25. Currently there are 74 permanent safety zones established for
fireworks displays within the geographic boundaries of the Fifth Coast
Guard District. This rule will increase the total number of permanent
safety zones to 76 locations for fireworks displays within the boundary
of the Fifth Coast Guard District. The Coast Guard proposes to revise
the list of permanent safety zones at 33 CFR 165.506, established for
fireworks displays, by adding 8 new locations, modifying 18 previously
established locations and deleting 6 previously established locations
within the geographic boundary of the Fifth Coast Guard District
    This rule proposes to add 8 new safety zone locations to the
permanent safety zones listed in 33 CFR 165.506. The new safety zones
are listed in the following table, including reference by section as
printed in the Table to Sec.  165.506.

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                      Table to Sec.   165.506
         No.                  section                                       Location
----------------------------------------------------------------------------------------------------------------
1...................  b.4....................  Potomac River, Charles County, Newburg, MD.
2...................  c.19...................  James River, Richmond, VA.
3...................  c.20...................  Rappahannock River, Tappahannock, VA.
4...................  c.21...................  Cape Charles Harbor, Cape Charles, VA.
5...................  c.22...................  Pagan River, Smithfield, VA.
6...................  c.23...................  Sandbridge Shores, Virginia Beach, VA.
7...................  c.24...................  Chesapeake Bay, Virginia Beach, VA.
8...................  d.14...................  Pantego Creek, Bellhaven, NC.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard proposes to revise regulations at 33 CFR 165.506 by
modifying 18 existing permanent safety zone locations. The revision
involves changes to event date(s) and coordinates as indicated in the
following table, including reference by section as printed in the Table
to Sec.  165.506.

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                        Table to Sec.   165.506
         No.                    section                    Location                         Revision
----------------------------------------------------------------------------------------------------------------
1....................  a.2.....................  Indian River Bay, DE........  coordinates.
2....................  a.4.....................  N. Atlantic Ocean, Avalon,    coordinates.
                                                  NJ.
3....................  a.16....................  Delaware River,               dates.
                                                  Philadelphia, PA.
4....................  b.1.....................  Washington Channel, Upper     coordinates.
                                                  Potomac River, Washington,
                                                  DC.
5....................  b.2.....................  Severn River & Spa Creek,     coordinates.
                                                  Annapolis, MD.
6....................  b.5.....................  NW Harbor (East Channel),     coordinates.
                                                  Patapsco River, MD.
7....................  b.12....................  Fairview Beach, Potomac       coordinates.
                                                  River, Charles County, MD.
8....................  b.15....................  National Harbor, Potomac      date.
                                                  River, MD.
9....................  b.16....................  Susquehanna River, Havre de   date & coordinates.
                                                  Grace, MD.
10...................  b.18....................  Tred Avon River, Oxford, MD.  date.
11...................  b.20....................  Upper Potomac River,          date & coordinates.
                                                  Washington, DC.
12...................  b.22....................  Potomac River, Cherry Hill,   dates & coordinates.
                                                  VA.
13...................  d.1.....................  Morehead City Harbor          date.
                                                  Channel, NC.
14...................  d.2.....................  Cape Fear River, Wilmington,  date.
                                                  NC.
15...................  d.3.....................  Green Creek & Smith Creek,    date.
                                                  Oriental, NC.
16...................  d.4.....................  Pasquotank River, Elizabeth,  coordinates.
                                                  City, NC.
17...................  d.5.....................  Currituck Sound, Corolla, NC  date & coordinates.
18...................  d.7.....................  Pamlico River, Washington,    date & coordinates.
                                                  NC.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard proposes to amend regulations at 33 CFR 165.506 by
disestablishing the following 6 permanent safety zones.

----------------------------------------------------------------------------------------------------------------
                  Date                       Fireworks display location                Regulated area
----------------------------------------------------------------------------------------------------------------
July 4th, December 31st.................  Patapsco River, (Middle Branch)   Specified waters of Patapsco River,
                                           Baltimore, MD.                    Middle Branch, near Hanover Street
                                                                             (SR-2) Bridge, Baltimore, Maryland.
July 4th................................  Chester River, Kent Island        Specified waters of Chester River
                                           Narrows, MD.                      north of Kent Island Narrows (US-50/
                                                                             301) Bridge, Maryland.
July 4th................................  Chincoteague Channel,             Specified waters of Chincoteague
                                           Chincoteague, VA.                 Channel southwest of Chincoteague
                                                                             Swing Bridge, Chincoteague,
                                                                             Virginia.
July 9th................................  Chesapeake Bay, Hampton, VA.....  Specified waters of Chesapeake Bay
                                                                             near Buckroe Beach, Hampton,
                                                                             Virginia.
May--2nd Saturday, September--1st         Appomattox River, Hopewell, VA..  Specified waters of Appomattox River
 Saturday and Sunday, December--1st                                          near Hopewell, Virginia.
 Saturday.
July 4th................................  James River, Williamsburg, VA...  Specified waters of James River near
                                                                             Kingsmill Resort, Williamsburg,
                                                                             Virginia.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard typically receives numerous applications for
fireworks displays in these general areas. Previously, a temporary
safety zone was established on an emergency basis for each display.
This limited the

opportunity for public comment. Establishing permanent safety zones
through notice and comment rulemaking provides the public the
opportunity to comment on the safety zone locations, size, and length
of time the zones will be enforced.
    Each year organizations in the Fifth Coast Guard District sponsor
fireworks displays in the same general location and time period. Each
event uses a barge or an on-shore site near the shoreline as the
fireworks launch platform. A safety zone is used to control vessel
movement within a specified distance surrounding the launch platforms
to ensure the safety of persons and property. Coast Guard personnel on
scene may allow boaters within the safety zone if conditions permit.
    The Coast Guard would publish notices in the Federal Register if an
event sponsor reported a substantive change to the listed event venue
or date. In the case of inclement weather the event usually will be
conducted on the day following the date listed in the Table to Sec.
165.506. Coast Guard Captains of the Port would give notice of the
enforcement of each safety zone by all appropriate means to provide the
widest dissemination of notice among the affected segments of the
public. This would include publication in the Local Notice to Mariners
and Marine Information Broadcasts. Marine information and facsimile
broadcasts may also be made for these events, beginning 24 to 48 hours
before the event. Fireworks barges or launch sites on land used in the
locations stated in this rulemaking would also display a sign labeled
``FIREWORKS--DANGER--STAY AWAY''. The sign would be affixed to the port
and starboard side of the barge or mounted on a post 3 feet above
ground level when on land and in close proximity to the shoreline
facing the water. This sign provides on scene notice that the safety
zone is or will be enforced on that day. The sign will be diamond
shaped, 4 foot by 4 foot with a 3-inch orange retro-reflective border.
The word ``DANGER'' shall be 10-inch black block letters centered on
the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in 6 inch black
block letters placed above and below the word ``DANGER'' respectively
on a white background. There would also be a Coast Guard patrol vessel
on scene 30 minutes before the display is scheduled to start until 30
minutes after its completion to enforce the safety zone.
    The enforcement period for these proposed safety zones is from 5:30
p.m. to 1 a.m. local time. However, vessels may enter, remain in, or
transit through these safety zones during this timeframe if authorized
by the Captain of the Port or designated Coast Guard patrol personnel
on scene, as provided for in 33 CFR 165.23.
    This rule is being proposed to provide for the safety of life on
navigable waters during the events and to give the marine community the
opportunity to comment on the proposed zone locations, size, and length
of time the zones will be active.

D. Discussion of Proposed Rule

    This proposed rule would apply to each event listed in the attached
tables to this rule. Events listed in the tables are events that recur
annually in the Fifth Coast Guard District. The tables provide the
event name and sponsor, as well as an approximate date and location of
the event.
    For each event listed in the table, an event patrol, with a Patrol
Commander in charge, may be assigned. The Patrol Commander may control
the movement of all vessels in the regulated area(s). When hailed or
signaled by an official patrol vessel, a vessel in these areas would be
required to immediately comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. The Coast Guard Patrol Commander may terminate the
event, or the operation of any vessel participating in the event, at
any time it is deemed necessary for the protection of life or property.
Only event sponsors, designated participants, and official patrol
vessels would be allowed to enter a regulated area. All persons and
vessels not registered with the event sponsor as participants or
official patrol vessels are considered spectators. Spectators may not
enter the regulated area and may be confined to a designated spectator
area to view the event. Spectators may contact the Coast Guard Patrol
Commander to request permission to pass through the regulated area. If
permission is granted, spectators would be required to pass directly
through the regulated area at safe speed and without loitering.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This finding
is based on the short amount of time that vessels would be restricted
from regulated areas, and the small size of these areas that are
typically positioned away from high vessel traffic zones. Vessels would
not be precluded from getting underway, or mooring at any piers or
marinas currently located in the vicinity of the proposed regulated
areas. Advance notifications would also be made to the local maritime
community by issuing Local Notice to Mariners, Marine information and
facsimile broadcasts so mariners can adjust their plans accordingly.
Notifications to the public for most events will usually be made by
local newspapers, radio and TV stations. The Coast Guard anticipates
that these special local regulated areas and safety zones will only be
enforced 1 to 3 times per year.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities some of
which may be small entities: The owners and operators of vessels
intending to transit or anchor in the proposed regulated areas during
the times these zones are enforced.
    These proposed regulated areas and safety zones will not have a
significant economic impact on a substantial number of small entities
for the following reasons: The Coast Guard will ensure that small
entities are able to operate in the areas where events are occurring to
the extent possible while ensuring the safety of event participants and
spectators. The enforcement period will be short in duration and, in
many of the areas, vessels can transit safely around the regulated
area. Generally, blanket permission to enter, remain in, or transit
through these regulated areas will be given except during the period
that the Coast Guard patrol vessel is present. Before the enforcement
period, we will issue maritime advisories widely.

    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment.
    This proposed rule involves implementation of regulations within 33
CFR part 100 that apply to organized marine events on the navigable
waters of the United States that may have potential for negative impact
on the safety or other interest of waterway users and shore side
activities in the event area. The category of water activities includes
but is not limited to sail boat regattas, boat parades, power boat
racing, swimming events, crew racing, and sail board racing. This
section of the rule is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are not required for this section
of the rule.
    This proposed rule involves implementation of regulations at 33 CFR
part 165 that establish safety zones on navigable waters of the United
States for fireworks events. These safety zones are enforced for the
duration of fireworks display events. The fireworks are launched from
or immediately adjacent to navigable waters of the United States. The
category of activities includes fireworks launched from barges or near
the shoreline that generally rely on the use of navigable waters as a
safety buffer. This section of the rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. 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

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Amend section 100.501 by revising TABLE TO Sec.  100.501 to read as
follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District.

* * * * *

                                             Table to Sec.   100.501
                [All coordinates listed in the Table to Sec.   100.501 reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
        No.                  Date                  Event                Sponsor                 Location
----------------------------------------------------------------------------------------------------------------
                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
1.................  June--1st Sunday.....  Atlantic County Day   Atlantic County, New  The waters of Great Egg
                                            at the Bay.           Jersey.               Harbor Bay, adjacent to
                                                                                Somers Point, New
                                                                                Jersey, bounded by a
                                                                                line drawn along the
                                                                                following boundaries:
                                                                                the area is bounded to
                                                                                the north by the
                                                                                shoreline along John F.
                                                                                Kennedy Park and Somers
                                                                                Point, New Jersey;
                                                                                bounded to the east by
                                                                                the State Route 52
                                                                                bridge; bounded to the
                                                                                south by a line that
                                                                                runs along latitude
                                                                                39[deg]18'00'' N; and
                                                                                bounded to the west by a
                                                                                line that runs along
                                                                                longitude
                                                                                074[deg]37'00'' W.
2.................  May--3rd Sunday......  Annual Escape from    Escape from Fort      All waters of the
                                            Fort Delaware         Delaware Triathlon,   Delaware River between
                                            Triathlon.            Inc.                  Pea Patch Island and
                                                                                Delaware City, Delaware,
                                                                                bounded by a line
                                                                                connecting the following
                                                                                points: latitude
                                                                                39[deg]36'35.7'' N,
                                                                                longitude
                                                                                075[deg]35'25.6'' W, to
                                                                                latitude
                                                                                39[deg]34'57.3'' N,
                                                                                longitude
                                                                                075[deg]33'23.1'' W, to
                                                                                latitude
                                                                                39[deg]34'11.9'' N,
                                                                                longitude
                                                                                075[deg]34'28.6'' W, to
                                                                                latitude
                                                                                39[deg]35'52.4'' N,
                                                                                longitude
                                                                                075[deg]36'33.9'' W.
3.................  June--Last Saturday..  Westville Parade of   Borough of Westville  All waters of Big Timber
                                            Lights.               and Westville Power   Creek in Westville, NJ
                                                                  Boat.                 from shoreline to
                                                                                shoreline bounded on the
                                                                                south from the Route 130
                                                                                Bridge and to the north
                                                                                by the entrance of the
                                                                                Delaware River.
4.................  July--3rd Sunday.....  OPA Atlantic City     Offshore Performance  The waters of the
                                            Grand Prix.           Assn. (OPA).          Atlantic Ocean, adjacent
                                                                                to Atlantic City, New
                                                                                Jersey, bounded by a
                                                                                line drawn between the
                                                                                following points:
                                                                                southeasterly from a
                                                                                point along the
                                                                                shoreline at latitude
                                                                                39[deg]21'50'' N,
                                                                                longitude
                                                                                074[deg]24'37'' W, to
                                                                                latitude 39[deg]20'40''
                                                                                N, longitude
                                                                                074[deg]23'50'' W,
                                                                                thence southwesterly to
                                                                                latitude 39[deg]19'33''
                                                                                N, longitude
                                                                                074[deg]26'52'' W,
                                                                                thence northwesterly to
                                                                                a point along the
                                                                                shoreline at latitude
                                                                                39[deg]20'43'' N,
                                                                                longitude
                                                                                074[deg]27'40'' W,
                                                                                thence northeasterly
                                                                                along the shoreline to
                                                                                latitude 39[deg]21'50''
                                                                                N, longitude
                                                                                074[deg]24'37'' W.
5.................  July--On or about      U.S. holiday          City of Philadelphia  The waters of the
                     July 4th.              celebrations.                               Delaware River, adjacent
                                                                                to Philadelphia, PA and
                                                                                Camden, NJ, from
                                                                                shoreline to shoreline,
                                                                                bounded on the south by
                                                                                the Walt Whitman Bridge
                                                                                and bounded on the north
                                                                                by the Benjamin Franklin
                                                                                Bridge.
6.................  August--2nd Friday,    Point Pleasant OPA/   Offshore Performance  The waters of the
                     Saturday and Sunday.   NJ Offshore Grand     Association (OPA)     Atlantic Ocean bounded
                                            Prix.                 and New Jersey        by a line drawn from a
                                                                  Offshore Racing       position along the
                                                                  Assn.                 shoreline near Normandy
                                                                                Beach, NJ at latitude
                                                                                40[deg]00'00'' N,
                                                                                longitude
                                                                                074[deg]03'30'' W,
                                                                                thence easterly to
                                                                                latitude 39[deg]59'40''
                                                                                N, longitude
                                                                                074[deg]02'00'' W,
                                                                                thence southwesterly to
                                                                                latitude 39[deg]56'35''
                                                                                N, longitude
                                                                                074[deg]03'00'' W,
                                                                                thence westerly to a
                                                                                position near the
                                                                                Seaside Heights Pier at
                                                                                latitude 39[deg]56'35''
                                                                                N, longitude
                                                                                074[deg]04'15'' W,
                                                                                thence northerly along
                                                                                the shoreline to the
                                                                                point of origin.

7.................  July--3rd Wednesday    New Jersey Offshore   Offshore Performance  The waters of the
                     and Thursday.          Grand Prix.           Assn. & New Jersey    Manasquan River from the
                                                                  Offshore Racing       New York and Long Branch
                                                                  Assn.                 Railroad to Manasquan
                                                                                Inlet, together with all
                                                                                of the navigable waters
                                                                                of the United States
                                                                                from Asbury Park, New
                                                                                Jersey, latitude
                                                                                40[deg]14'00''N;
                                                                                southward to Seaside
                                                                                Park, New Jersey
                                                                                latitude 39[deg]55'00''
                                                                                N, from the New Jersey
                                                                                shoreline seaward to the
                                                                                limits of the
                                                                                Territorial Sea. The
                                                                                race course area extends
                                                                                from Asbury Park to
                                                                                Seaside Park from the
                                                                                shoreline, seaward to a
                                                                                distance of 8.4 nautical
                                                                                miles.
8.................  August--3rd Friday...  Thunder Over the      Atlantic City         The waters of the
                                            Boardwalk Air show.   Chamber of Commerce.  Atlantic Ocean, adjacent
                                                                                to Atlantic City, New
                                                                                Jersey, bounded by a
                                                                                line drawn between the
                                                                                following points:
                                                                                southeasterly from a
                                                                                point along the
                                                                                shoreline at latitude
                                                                                39[deg]21'31'' N,
                                                                                longitude
                                                                                074[deg]25'04'' W,
                                                                                thence to latitude
                                                                                39[deg]21'08'' N,
                                                                                longitude
                                                                                074[deg]24'48'' W,
                                                                                thence southwesterly to
                                                                                latitude 39[deg]20'16''
                                                                                N, longitude
                                                                                074[deg]27'17'' W,
                                                                                thence northwesterly to
                                                                                a point along the
                                                                                shoreline at latitude
                                                                                39[deg]20'44'' N,
                                                                                longitude
                                                                                074[deg]27'31'' W,
                                                                                thence northeasterly
                                                                                along the shoreline to
                                                                                latitude 39[deg]21'31''
                                                                                N, longitude
                                                                                074[deg]25'04'' W.
9.................  September--3rd         Annual Escape from    Escape from Fort      All waters of the
                     Saturday.              Fort Delaware         Delaware Triathlon,   Delaware River between
                                            Triathlon.            Inc.                  Pea Patch Island and
                                                                                Delaware City, Delaware,
                                                                                bounded by a line
                                                                                connecting the following
                                                                                points: latitude
                                                                                39[deg]36'35.7'' N,
                                                                                longitude
                                                                                075[deg]35'25.6'' W, to
                                                                                latitude
                                                                                39[deg]34'57.3'' N,
                                                                                longitude
                                                                                075[deg]33'23.1'' W, to
                                                                                latitude
                                                                                39[deg]34'11.9'' N,
                                                                                longitude
                                                                                075[deg]34'28.6'' W, to
                                                                                latitude
                                                                                39[deg]35'52.4'' N,
                                                                                longitude
                                                                                075[deg]36'33.9'' W.
10................  September--last        Sunset Lake           Sunset Lake           All waters of Sunset
                     Friday, Saturday and   Hydrofest.            Hydrofest Assn..      Lake, New Jersey, from
                     Sunday; October--                                                  shoreline to shoreline,
                     first Friday,                                                      south of latitude
                     Saturday and Sunday.                                               38[deg]58'32'' N.
11................  October--2nd Saturday  The Liberty Grand     Offshore Performance  The waters of the
                     and Sunday.            Prix.                 Assn. (OPA).          Delaware River, adjacent
                                                                                to Philadelphia, PA and
                                                                                Camden, NJ, from
                                                                                shoreline to shoreline,
                                                                                bounded on the south by
                                                                                the Walt Whitman Bridge
                                                                                and bounded on the north
                                                                                by the Benjamin Franklin
                                                                                Bridge.
12................  October--1st Monday    U.S. holiday          City of Philadelphia  The waters of the
                     (Columbus Day).        celebrations.                               Delaware River, adjacent
                                                                                to Philadelphia, PA and
                                                                                Camden, NJ, from
                                                                                shoreline to shoreline,
                                                                                bounded on the south by
                                                                                the Walt Whitman Bridge
                                                                                and bounded on the north
                                                                                by the Benjamin Franklin
                                                                                Bridge.
13................  December--On December  U.S. holiday          City of Philadelphia  The waters of the
                     31st (New Year's       celebrations.                               Delaware River, adjacent
                     Eve).                                                              to Philadelphia, PA and
                                                                                Camden, NJ, from
                                                                                shoreline to shoreline,
                                                                                bounded on the south by
                                                                                the Walt Whitman Bridge
                                                                                and bounded on the north
                                                                                by the Benjamin Franklin
                                                                                Bridge.
14................  September--Third       Ocean City Air Show.  Ocean City, NJ......  All waters of the New
                     Sunday.                                                            Jersey Intracoastal
                                                                                Waterway (ICW) bounded
                                                                                by a line connecting the
                                                                                following points;
                                                                                latitude 39[deg]15'57''
                                                                                N, longitude
                                                                                074[deg]35'09'' W thence
                                                                                northeast to latitude
                                                                                39[deg]16'34'' N,
                                                                                longitude
                                                                                074[deg]33'54'' W thence
                                                                                southeast to latitude
                                                                                39[deg]16'17'' N,
                                                                                longitude
                                                                                074[deg]33'29'' W thence
                                                                                southwest to latitude
                                                                                39[deg]15'40'' N,
                                                                                longitude
                                                                                074[deg]34'46'' W thence
                                                                                northwest to point of
                                                                                origin, near Ocean City,
                                                                                NJ.

15................  September--3rd Sunday  Atlantic City         Atlantic City, NJ...  All waters of the New
                                            International                               Jersey Intracoastal
                                            Triathlon.                                  Waterway (ICW) bounded
                                                                                by a line connecting the
                                                                                following points;
                                                                                latitude 39[deg]21'20''
                                                                                N, longitude
                                                                                074[deg]27'18'' W thence
                                                                                northeast to latitude
                                                                                39[deg]21'27.47'' N,
                                                                                longitude
                                                                                074[deg]27'10.31'' W
                                                                                thence northeast to
                                                                                latitude 39[deg]21'33''
                                                                                N, longitude
                                                                                074[deg]26'57'' W thence
                                                                                northwest to latitude
                                                                                39[deg]21'37'' N,
                                                                                longitude
                                                                                074[deg]27'03'' W thence
                                                                                southwest to latitude
                                                                                39[deg]21'29.88'' N,
                                                                                longitude
                                                                                074[deg]27'14.31'' W
                                                                                thence south to latitude
                                                                                39[deg]21'19'' N,
                                                                                longitude
                                                                                074[deg]27'22'' W thence
                                                                                east to latitude
                                                                                39[deg]21'18.14'' N,
                                                                                longitude
                                                                                074[deg]27'19.25'' W
                                                                                thence north to point of
                                                                                origin, near Atlantic
                                                                                City, NJ.
----------------------------------------------------------------------------------------------------------------
                                  (b.) Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
1.................  March--4th or last     Safety at Sea         U.S. Naval Academy..  All waters of the Severn
                     Saturday; or April--   Seminar.                                    River from shoreline to
                     1st Saturday.                                                      shoreline, bounded to
                                                                                the northwest by the
                                                                                Naval Academy (SR-450)
                                                                                Bridge and bounded to
                                                                                the southeast by a line
                                                                                drawn from the Naval
                                                                                Academy Light at
                                                                                latitude
                                                                                38[deg]58'39.5'' N.,
                                                                                longitude
                                                                                076[deg]28'49'' W.
                                                                                thence easterly to Carr
                                                                                Point, MD at latitude
                                                                                38[deg]58'58'' N.,
                                                                                longitude
                                                                                076[deg]27'41'' W.
2.................  March--3rd, 4th or     USNA Crew Races.....  U.S. Naval Academy..  All waters of the Severn
                     last Friday,                                                       River from shoreline to
                     Saturday and Sunday;                                               shoreline, bounded to
                     April and May--every                                               the northwest by a line
                     Friday, Saturday and                                               drawn from the south
                     Sunday.                                                            shoreline at latitude
                                                                                39[deg]00'58'' N.,
                                                                                longitude
                                                                                076[deg]31'32'' W.
                                                                                thence to the north
                                                                                shoreline at latitude
                                                                                39[deg]01'11'' N.,
                                                                                longitude
                                                                                076[deg]31'10'' W. The
                                                                                regulated area is
                                                                                bounded to the southeast
                                                                                by a line drawn from the
                                                                                Naval Academy Light at
                                                                                latitude
                                                                                38[deg]58'39.5'' N.,
                                                                                longitude
                                                                                076[deg]28'49'' W.
                                                                                thence easterly to Carr
                                                                                Point, MD at latitude
                                                                                38[deg]58'58'' N.,
                                                                                longitude
                                                                                076[deg]27'41'' W.
3.................  May--1st, 2nd or 3rd   TriRock Triathlon     The Competitor Group  The waters of Spa Creek
                     Saturday.              Series.                                     and Annapolis Harbor,
                                                                                from shoreline to
                                                                                shoreline, bounded by a
                                                                                line drawn near entrance
                                                                                of Spa Creek originating
                                                                                at USNA seawall,
                                                                                latitude 38[deg]58'40''
                                                                                N, longitude
                                                                                076[deg]28'49'' W,
                                                                                thence south to latitude
                                                                                38[deg]58'32'' N,
                                                                                longitude
                                                                                076[deg]28'45'' W near
                                                                                Sycamore Point. The
                                                                                regulated area is
                                                                                bounded to the southwest
                                                                                by a line drawn from
                                                                                entrance of Annapolis
                                                                                Market Slip, latitude
                                                                                38[deg]58'34'' N,
                                                                                longitude
                                                                                076[deg]29'05'' W thence
                                                                                south to latitude
                                                                                38[deg]58'27'' N,
                                                                                longitude
                                                                                076[deg]28'56'' W near
                                                                                Chart House pier,
                                                                                Annapolis, MD.
4.................  May--1st Sunday......  Nanticoke River Swim  Nanticoke River Swim  All waters of the
                                            and Triathlon.        and Triathlon, Inc.   Nanticoke River,
                                                                                including Bivalve
                                                                                Channel and Bivalve
                                                                                Harbor, bounded by a
                                                                                line drawn from a point
                                                                                on the shoreline at
                                                                                latitude 38[deg]18'00''
                                                                                N, longitude
                                                                                075[deg]54'00'' W,
                                                                                thence westerly to
                                                                                latitude 38[deg]18'00''
                                                                                N, longitude
                                                                                075[deg]55'00'' W,
                                                                                thence northerly to
                                                                                latitude 38[deg]20'00''
                                                                                N, longitude
                                                                                075[deg]53'48'' W,
                                                                                thence easterly to
                                                                                latitude 38[deg]19'42''
                                                                                N, longitude
                                                                                075[deg]52'54'' W.
5.................  May--Saturday before   Chestertown Tea       Chestertown Tea       All waters of the Chester
                     Memorial Day.          Party Re-enactment    Party Festival.       River, within a line
                                            Festival.                                   connecting the following
                                                                                positions: latitude
                                                                                39[deg]12'27'' N,
                                                                                longitude
                                                                                076[deg]03'46'' W;
                                                                                thence to latitude
                                                                                39[deg]12'19'' N,
                                                                                longitude
                                                                                076[deg]03'53'' W;
                                                                                thence to latitude
                                                                                39[deg]12'15'' N,
                                                                                longitude
                                                                                076[deg]03'41'' W;
                                                                                thence to latitude
                                                                                39[deg]12'26'' N,
                                                                                longitude
                                                                                076[deg]03'38'' W;
                                                                                thence to the point of
                                                                                origin at latitude
                                                                                39[deg]12'27'' N,
                                                                                longitude
                                                                                076[deg]03'46'' W.

6.................  May--3rd Friday,       Dragon Boat Races at  Washington, D.C.      The waters of the Upper
                     Saturday and Sunday.   Georgetown,           Dragon Boat           Potomac River,
                                            Washington, DC.       Festival, Inc.        Washington, DC, from
                                                                                shoreline to shoreline,
                                                                                bounded upstream by the
                                                                                Francis Scott Key Bridge
                                                                                and downstream by the
                                                                                Roosevelt Memorial
                                                                                Bridge.
7.................  May--Tuesday and       USNA Blue Angels Air  U.S. Naval Academy..  All waters of the Severn
                     Wednesday before       Show.                                       River from shoreline to
                     Memorial Day                                                       shoreline, bounded to
                     (observed).                                                        the northwest by a line
                                                                                drawn from the south
                                                                                shoreline at latitude
                                                                                39[deg]00'38.9'' N.,
                                                                                longitude
                                                                                076[deg]31'05.2'' W.
                                                                                thence to the north
                                                                                shoreline at latitude
                                                                                39[deg]00'54.7'' N.,
                                                                                longitude
                                                                                076[deg]30'44.8'' W.,
                                                                                this line is
                                                                                approximately 1300 yards
                                                                                northwest of the U.S. 50
                                                                                fixed highway bridge.
                                                                                The regulated area is
                                                                                bounded to the southeast
                                                                                by a line drawn from the
                                                                                Naval Academy Light at
                                                                                latitude
                                                                                38[deg]58'39.5'' N.,
                                                                                longitude
                                                                                076[deg]28'49'' W.
                                                                                thence southeast to a
                                                                                point 700 yards east of
                                                                                Chinks Point, MD at
                                                                                latitude 38[deg]58'1.9''
                                                                                N., longitude
                                                                                076[deg]28'1.7'' W.
                                                                                thence northeast to
                                                                                Greenbury Point at
                                                                                latitude 38[deg]58'29''
                                                                                N., longitude
                                                                                076[deg]27'16'' W.
8.................  June--2nd Sunday.....  The Great Chesapeake  Great Chesapeake Bay  The waters of the
                                            Bay Bridges Swim      Swim, Inc.            Chesapeake Bay between
                                            Races.                                      and adjacent to the
                                                                                spans of the William P.
                                                                                Lane Jr. Memorial Bridge
                                                                                shore to shore 500 yards
                                                                                north of the north span
                                                                                of the bridge from the
                                                                                western shore at
                                                                                latitude 39[deg]00'36''
                                                                                N, longitude
                                                                                076[deg]23'05'' W and
                                                                                the eastern shore at
                                                                                latitude 38[deg]59'14''
                                                                                N, longitude
                                                                                076[deg]20'00'' W, and
                                                                                500 yards south of the
                                                                                south span of the bridge
                                                                                from the western shore
                                                                                at latitude
                                                                                39[deg]00'16'' N,
                                                                                longitude
                                                                                076[deg]24'30'' W and
                                                                                the eastern shore at
                                                                                latitude
                                                                                38[deg]58'38.5'' N,
                                                                                longitude
                                                                                076[deg]20'06'' W.
9.................  June--3rd, 4th or      Maryland Swim for     District of Columbia  The waters of the Chester
                     last Saturday or       Life.                 Aquatics Club.        River from shoreline to
                     July--2nd or 3rd                                                   shoreline, bounded on
                     Saturday.                                                          the south by a line
                                                                                drawn at latitude
                                                                                39[deg]10'16'' N, near
                                                                                the Chester River
                                                                                Channel Buoy 35 (LLN-
                                                                                26795) and bounded on
                                                                                the north at latitude
                                                                                39[deg]12'30'' N by the
                                                                                Maryland S.R. 213
                                                                                Highway Bridge.
10................  June--last Saturday    Bo Bowman Memorial--  Virginia/Carolina     All waters of the
                     and Sunday or July--   Sharptown Regatta.    Racing Assn.          Nanticoke River near
                     2nd Saturday and                                                   Sharptown, MD, from
                     Sunday.                                                            shoreline to shoreline,
                                                                                bounded to the south by
                                                                                Maryland S.R. 313
                                                                                Highway Bridge and
                                                                                bounded to the north by
                                                                                a line drawn from
                                                                                latitude 38[deg]33'09''
                                                                                N, longitude
                                                                                075[deg]42'45'' W,
                                                                                thence southeasterly to
                                                                                latitude 38[deg]33'04''
                                                                                N, longitude
                                                                                075[deg]42'37'' W.
11................  June--2nd, 3rd, 4th    Thunder on the        Kent Narrows Racing   All waters of Prospect
                     or last Saturday and   Narrows.              Assn.                 Bay enclosed by the
                     Sunday or August--                                                 following points:
                     1st Saturday and                                                   latitude
                     Sunday.                                                            38[deg]57'52.0'' N,
                                                                                longitude
                                                                                076[deg]14'48.0'' W, to
                                                                                latitude
                                                                                38[deg]58'02.0'' N,
                                                                                longitude
                                                                                076[deg]15'05.0'' W, to
                                                                                latitude
                                                                                38[deg]57'38.0'' N,
                                                                                longitude
                                                                                076[deg]15'29.0'' W, to
                                                                                latitude
                                                                                38[deg]57'28.0'' N,
                                                                                longitude
                                                                                076[deg]15'23.0'' W, to
                                                                                latitude
                                                                                38[deg]57'52.0'' N,
                                                                                longitude
                                                                                076[deg]14'48.0'' W.
12................  Labor Day weekend--    Ragin on the River..  Port Deposit, MD,     The waters of the
                     Saturday and Sunday,                         Chamber of Commerce.  Susquehanna River,
                     or Monday.                                                         adjacent to Port
                                                                                Deposit, Maryland, from
                                                                                shoreline to shoreline,
                                                                                bounded on the south by
                                                                                the U.S. I-95 fixed
                                                                                highway bridge, and
                                                                                bounded on the north by
                                                                                a line running
                                                                                southwesterly from a
                                                                                point along the
                                                                                shoreline at latitude
                                                                                39[deg]36'22'' N,
                                                                                longitude
                                                                                076[deg]07'08'' W,
                                                                                thence to latitude
                                                                                39[deg]36'00'' N,
                                                                                longitude
                                                                                076[deg]07'46'' W.
13................  September--2nd         Dragon Boat Races in  Associated Catholic   The waters of the
                     Saturday or the        the Inner Harbor.     Charities, Inc.       Patapsco River,
                     Saturday after Labor                                               Baltimore, MD, Inner
                     Day.                                                               Harbor from shoreline to
                                                                                shoreline, bounded on
                                                                                the east by a line drawn
                                                                                along longitude
                                                                                076[deg]36'30'' W.

14................  June--3rd, 4th or      Baltimore Dragon      Baltimore Dragon      The waters of Patapsco
                     last Saturday or       Boat Challenge.       Boat Club.            River, Northwest Harbor,
                     Sunday.                                                            in Baltimore, MD, from
                                                                                shoreline to shoreline,
                                                                                within an area bounded
                                                                                on the east by a line
                                                                                drawn along longitude
                                                                                076[deg]35' W and
                                                                                bounded on the west by a
                                                                                line drawn along
                                                                                longitude 076[deg]36'.
15................  May--2nd or 3rd        Potomac River         Enviro-Sports         The waters of the Potomac
                     Saturday or June--     Sharkfest Swim.       Productions Inc.      River, from shoreline to
                     1st, 2nd or 3rd                                                    shoreline, bounded by a
                     Saturday.                                                          line drawn parallel and
                                                                                north of the Harry W.
                                                                                Nice Memorial Bridge
                                                                                (U.S. Route 301)
                                                                                originating at the
                                                                                eastern shoreline
                                                                                latitude 38[deg]22'05''
                                                                                N, longitude
                                                                                076[deg]59'03'' W,
                                                                                thence west to latitude
                                                                                38[deg]21'50'' N,
                                                                                longitude
                                                                                077[deg]00'54'' W, at
                                                                                the western shoreline.
                                                                                The regulated area is
                                                                                bounded by a line drawn
                                                                                parallel and south of
                                                                                the U.S. Route 301
                                                                                highway bridge,
                                                                                originating at the
                                                                                eastern shoreline
                                                                                latitude 38[deg]21'45''
                                                                                N, longitude
                                                                                076[deg]58'58'' W thence
                                                                                west to latitude
                                                                                38[deg]21'29'' N,
                                                                                longitude
                                                                                077[deg]00'54'' W, at
                                                                                the western shoreline of
                                                                                Potomac River.
16................  July--1st or 2nd       Swim Across the       National Harbor       The waters of the Potomac
                     Sunday.                Potomac.              Marina.               River, from shoreline to
                                                                                shoreline, bounded to
                                                                                the north by a line
                                                                                drawn that originates at
                                                                                Jones Point Park, VA at
                                                                                the west shoreline
                                                                                latitude 38[deg]47'35''
                                                                                N, longitude
                                                                                077[deg]02'22'' W,
                                                                                thence east to latitude
                                                                                38[deg]47'12'' N,
                                                                                longitude
                                                                                077[deg]00'58'' W, at
                                                                                east shoreline near
                                                                                National Harbor, MD. The
                                                                                regulated area is
                                                                                bounded to the south by
                                                                                a line drawn originating
                                                                                at George Washington
                                                                                Memorial Parkway highway
                                                                                overpass and Cameron
                                                                                Run, west shoreline
                                                                                latitude 38[deg]47'23''
                                                                                N, longitude
                                                                                077[deg]03'03'' W thence
                                                                                east to latitude
                                                                                38[deg]46'52'' N,
                                                                                longitude
                                                                                077[deg]01'13'' W, at
                                                                                east shoreline near
                                                                                National Harbor, MD.
17................  October--last          MRE Tug of War......  Maritime Republic of  The waters of Spa Creek
                     Saturday or                                  Eastport.             from shoreline to
                     November--1st                                                      shoreline, extending 400
                     Saturday.                                                          feet from either side of
                                                                                a rope spanning Spa
                                                                                Creek from a position at
                                                                                latitude
                                                                                38[deg]58'36.9'' N,
                                                                                longitude
                                                                                076[deg]29'03.8'' W on
                                                                                the Annapolis shoreline
                                                                                to a position at
                                                                                latitude
                                                                                38[deg]58'26.4'' N,
                                                                                longitude
                                                                                076[deg]28'53.7'' W on
                                                                                the Eastport shoreline.
18................  December--2nd          Eastport Yacht Club   Eastport Yacht Club.  The approaches to
                     Saturday.              Lighted Boat Parade.                        Annapolis Harbor, the
                                                                                waters of Spa Creek, and
                                                                                the Severn River, shore
                                                                                to shore, bounded on the
                                                                                south by a line drawn
                                                                                from Carr Point, at
                                                                                latitude
                                                                                38[deg]58'58.0'' N,
                                                                                longitude
                                                                                076[deg]27'40.0'' W,
                                                                                thence to Horn Point
                                                                                Warning Light (LLNR
                                                                                17935), at
                                                                                38[deg]58'24.0'' N,
                                                                                longitude
                                                                                076[deg]28'10.0'' W,
                                                                                thence to Horn Point, at
                                                                                38[deg]58'20.0'' N,
                                                                                longitude
                                                                                076[deg]28'27.0'' W, and
                                                                                bounded on the north by
                                                                                the State Route 450
                                                                                Bridge.

19................  Memorial Day weekend-- NAS Patuxent River    U.S. Naval Air        All waters of the lower
                     Thursday, Friday,      Air Expo.             Station Patuxent      Patuxent River, near
                     Saturday and Sunday,                         River, MD.            Solomons, Maryland,
                     or Labor Day                                                       located between Fishing
                     weekend--Thursday,                                                 Point and the base of
                     Friday, Saturday and                                               the break wall marking
                     Sunday.                                                            the entrance to the East
                                                                                Seaplane Basin at Naval
                                                                                Air Station Patuxent
                                                                                River, within an area
                                                                                bounded by a line
                                                                                connecting position
                                                                                latitude 38[deg]17'39''
                                                                                N, longitude
                                                                                076[deg]25'47'' W;
                                                                                thence to latitude
                                                                                38[deg]17'47'' N,
                                                                                longitude
                                                                                076[deg]26'00'' W;
                                                                                thence to latitude
                                                                                38[deg]18'09'' N,
                                                                                longitude
                                                                                076[deg]25'40'' W;
                                                                                thence to latitude
                                                                                38[deg]18'00'' N,
                                                                                longitude
                                                                                076[deg]25'25'' W,
                                                                                located along the
                                                                                shoreline at U.S. Naval
                                                                                Air Station Patuxent
                                                                                River, Maryland, and All
                                                                                waters of the lower
                                                                                Patuxent River, near
                                                                                Solomons, Maryland,
                                                                                located between Hog
                                                                                Point and Cedar Point,
                                                                                within an area bounded
                                                                                by a line drawn from a
                                                                                position at latitude
                                                                                38[deg]18'41'' N,
                                                                                longitude
                                                                                076[deg]23'43'' W; to
                                                                                latitude 38[deg]18'16''
                                                                                N, longitude
                                                                                076[deg]22'35'' W;
                                                                                thence to latitude
                                                                                38[deg]18'12'' N,
                                                                                longitude
                                                                                076[deg]22'37'' W;
                                                                                thence to latitude
                                                                                38[deg]18'36'' N,
                                                                                longitude
                                                                                076[deg]23'46'' W,
                                                                                located adjacent to the
                                                                                shoreline at U.S. Naval
                                                                                Air Station Patuxent
                                                                                River, Maryland.
20................  September--2nd, 3rd    Chesapeake Challenge  Chesapeake Bay        All waters of the
                     or 4th Saturday and                          Powerboat             Patuxent River, within
                     Sunday.                                      Association.          boundary lines
                                                                                connecting the following
                                                                                positions; originating
                                                                                near north entrance of
                                                                                MD Route 4 bridge,
                                                                                latitude 38[deg]19'45''
                                                                                N, longitude
                                                                                076[deg]28'06'' W,
                                                                                thence southwest to
                                                                                south entrance of MD
                                                                                Route 4 bridge, latitude
                                                                                38[deg]19'24'' N,
                                                                                longitude
                                                                                076[deg]28'30'' W,
                                                                                thence south to a point
                                                                                near the shoreline,
                                                                                latitude 38[deg]18'32''
                                                                                N, longitude
                                                                                076[deg]28'14'' W,
                                                                                thence southeast to a
                                                                                point near the
                                                                                shoreline, latitude
                                                                                38[deg]17'38'' N,
                                                                                longitude