[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Rules and Regulations]
[Pages 23605-23630]
[FR Doc No: 2016-09288]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2015-0854]
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: Interim final rule; request for comments.

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SUMMARY: The Coast Guard is amending the regulations established for
recurring marine events and fireworks displays that take place within
the Fifth Coast Guard District area of responsibility. This interim
rule revises the listing of events that informs the public of regularly
scheduled marine parades, regattas, other organized water events, and
fireworks displays that require additional safety measures provided by
regulations. Through this rule, the list of recurring marine events
requiring special local regulations or safety zones is updated with
revisions, additional events, and removal of events that no longer take
place in the Fifth Coast Guard District. When these regulations are
enforced, certain restrictions are placed on marine traffic in
specified areas. This rulemaking project promotes efficiency by
eliminating the need to produce a separate rule for each individual
recurring event, and serves to provide notice of the known recurring
events requiring a special local regulation or safety zone throughout
the year. We invite your comments on this rulemaking.

DATES: This rule is effective without actual notice from April 22,
2016. For the purposes of enforcement, actual notice will be used from
the date the rule was signed, April 5, 2016, until April 22, 2016.
Comments and related material must be received by the Coast Guard on or
before July 21, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0854 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Dennis Sens, Fifth Coast Guard District,
Prevention Division,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Regulatory History and Information

    The special local regulations listed in 33 CFR 100.501 and safety
zones in 33 CFR 165.506 were last amended on April 16, 2015, (80 FR
20418). The Coast Guard is issuing this interim final rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because immediate action is necessary to protect
the maritime public during certain marine events. The potential dangers
posed by certain marine events and fireworks displays conducted on
waterways in close proximity to other vessel traffic makes special
local regulations and safety zones necessary to provide for the safety
of participants, spectator craft, and other vessels transiting the
event area. Accordingly, waiting for a comment period to run would be
contrary to the public interest of protecting life and property. In
addition, publishing an NPRM is impracticable because the necessary
information regarding these annual recurring marine events and
fireworks displays was not available in sufficient time to ensure
accurate and up to date listings to allow for a comment period prior to
the events.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Additionally,
providing a 30-day notice would unnecessarily delay the effective dates
for the events listed to occur in May and June of 2016, which are also
noticed to the public through local media outlets, and are planned on
by the local communities where they take place.
    This interim rule is effective upon publication without prior
notice through publication in the Federal Register, however we invite
comments regarding the updated list of marine events. The Coast Guard
will address all comments accordingly, whether through response,
additional revision to the regulations, or otherwise.
    This rule is prepared to provide the most up to date list of
recurring marine events, special local regulations and safety zones,
provides ample notice for all listed events occurring after May 2016.
Additionally, these recurring events are noticed to the public through
local media and planned on by the local communities in which they take
place.
    The current lists of annual and recurring special local regulations
and safety zones for marine events and fireworks displays within the
Fifth Coast Guard District area of responsibility (AOR) are published
under 33 CFR part 100.501 and part 165.506, respectively. These lists
were last updated April 16, 2015 through a previous rulemaking (80 FR
20418), and generated no adverse comments. Like this interim rule, the
April 2015 rule added to, removed from, and amended 33 CFR 100.501 and
33 CFR 165.506 to create a comprehensive list of recurring marine
events and fireworks displays requiring special local regulations and
safety zones.

III. Background, Purpose, and Legal Basis

    The Coast Guard regularly updates special local regulations and
safety zones established for recurring marine events and fireworks
displays that take place either on or over the navigable waters of the
United States. Under that rule, the list of recurring marine events
requiring special local regulations or safety zones is updated with
revisions, additional events, and removal of events that no longer take
place within the Fifth Coast Guard District. The Fifth Coast Guard
District area of responsibility is defined in 33 CFR 3.25.
    The purpose of this rulemaking is to ensure the safety of persons,
vessels and the navigable waters within close proximity to marine
events and or fireworks displays before, during, and after the
scheduled event. Publishing these regulatory updates in a single
rulemaking promotes administrative efficiency and reduces costs
involved in producing a separate rule for each individual recurring
event. This action also provides the public with notice through
publication in the Federal Register of future recurring marine

events and fireworks displays and their accompanying regulations,
special local regulations and safety zones. This rule provides separate
tables for each Coast Guard Sector within the Fifth Coast Guard
District. The Coast Guard issues this rulemaking under authority in 33
U.S.C. 1231; 33 U.S.C. 1233; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

IV. Discussion of Rule

Special Local Regulations

    This rule adds 4 new special local regulations for marine events,
removes 7 regulations and revises 18 previously established regulations
for marine events listed in the Table to Sec.  100.501. Other than
changes to the dates and locations of certain events, the other
provisions in 33 CFR 100.501 remain unchanged.
    This rule provides additional information about regulated areas and
the restrictions that apply to mariners and new terms including ``Race
Area'', ``Spectator Area'' and ``Buffer Zone''. The 24 hour contact
phone numbers are updated for Coast Guard Sectors Delaware Bay and
North Carolina.
    The Coast Guard revises regulations at 33 CFR 100.501 by adding 4
new special local regulations. The special local regulations are listed
in Table 1, including reference by section as printed in the Table to
Sec.  100.501.

                                 Table 1
         [Special local regulated areas added to 33 CFR 100.501]
------------------------------------------------------------------------
    Table to Sec.   100.501 section                  Location
------------------------------------------------------------------------
1. (b.)22..............................  Choptank River, Cambridge, MD.
2. (b.)23..............................  Breton Bay, Leonardtown, MD.
3. (b.)24..............................  Patapsco River, Baltimore, MD.
4. (d.)1...............................  Atlantic ICW, Lees Cut, Banks
                                          Channel, Motts Channel,
                                          surrounding Harbor Island, NC.
------------------------------------------------------------------------

    The Coast Guard amends regulations at 33 CFR 100.501 by
disestablishing the following 7 special local regulated areas listed in
Table 2.

                                 Table 2
       [Special local regulated areas removed from 33 CFR 100.501]
------------------------------------------------------------------------
            Date(s)                   Event            Regulated area
------------------------------------------------------------------------
1. September--2nd, 3rd or 4th   Sunset Lake        All waters of Sunset
 Friday, Saturday and Sunday;    Hydrofest.         Lake, New Jersey,
 October--1st Friday, Saturday                      from shoreline to
 and Sunday.                                        shoreline, south of
                                                    latitude
                                                    38[deg]58'32'' N.
2. October--2nd Saturday and    The Liberty Grand  The waters of the
 Sunday.                         Prix.              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.
3. June--2nd, 3rd, 4th or last  Thunder on the     All waters of
 Saturday and Sunday or          Narrows.           Prospect Bay
 August--1st Saturday and                           enclosed by the
 Sunday.                                            following points:
                                                    Latitude
                                                    38[deg]57'52'' N.,
                                                    longitude
                                                    076[deg]14'48'' W.,
                                                    thence to latitude
                                                    38[deg]58'02'' N.,
                                                    longitude
                                                    076[deg]15'05'' W.,
                                                    thence to latitude
                                                    38[deg]57'38'' N.,
                                                    longitude
                                                    076[deg]15'29'' W.,
                                                    thence to latitude
                                                    38[deg]57'28'' N.,
                                                    longitude
                                                    076[deg]15'23'' W.,
                                                    thence to point of
                                                    origin at latitude
                                                    38[deg]57'52'' N.,
                                                    longitude
                                                    076[deg]14'48'' W.
4. September--2nd, 3rd or 4th   Chesapeake         All waters of the
 Friday, Saturday and Sunday.    Challenge/         Patuxent River,
 October--1st Friday, Saturday   Solomons           within boundary
 and Sunday.                     Offshore Grand     lines connecting the
                                 Prix.              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
                                                    076[deg]27'26'' W.,
                                                    thence northeast to
                                                    latitude
                                                    38[deg]18'00'' N.,
                                                    longitude
                                                    076[deg]26'41'' W.,
                                                    thence northwest to
                                                    latitude
                                                    38[deg]18'59'' N.,
                                                    longitude
                                                    076[deg]27'20'' W.,
                                                    located at Solomons,
                                                    MD, thence
                                                    continuing northwest
                                                    and parallel to
                                                    shoreline to point
                                                    of origin.
5. June--1st Saturday and       Carolina Cup       The specified waters
 Sunday.                         Regatta.           of Pasquotank River
                                                    near Elizabeth City,
                                                    NC.
6. August--1st Friday,          SBIP--Fountain     The specified waters
 Saturday and Sunday.            Powerboats Kilo    of the Pamlico River
                                 Run and Super      including
                                 Boat Grand Prix.   Chocowinity Bay, NC.
7. September--3rd and or 4th    Crystal Coast      The specified waters
 or last Sunday.                 Grand Prix.        of Bogue Sound,
                                                    adjacent to Morehead
                                                    City, NC.
------------------------------------------------------------------------

    This rule revises 18 preexisting special local regulations that
involves change to marine event date(s) and/or coordinates. These
events are listed in Table 3, with reference by section as printed in
the Table to Sec.  100.501.

                                 Table 3
      [Changes to special local regulation date(s) and coordinates]
------------------------------------------------------------------------
                                                         Revision (date/
    Table to Sec.   100.501            Location           coordinates)
------------section-----------------------------------------------------
1. (a.)4......................  N. Atlantic Ocean,      coordinates.
                                 Atlantic City, NJ.
2. (a.)6......................  N. Atlantic Ocean,      coordinates.
                                 Seaside Heights--
                                 Normandy Beach, NJ.
3. (a.)7......................  Manasquan River and N.  dates,
                                 Atlantic Ocean,         coordinates.
                                 Asbury Park--Seaside
                                 Park, NJ.
4. (a.)8......................  N. Atlantic Ocean,      dates.
                                 Atlantic City, NJ.
5. (a.)12.....................  New Jersey              dates.
                                 Intracoastal
                                 Waterway, near
                                 Atlantic City, NJ.
6. (b.)1......................  Severn River,           coordinates.
                                 Annapolis, MD.
7. (b.)2......................  Severn River,           dates.
                                 Annapolis, MD.
8. (b.)7......................  Severn River,           coordinates.
                                 Annapolis, MD.
9. (b.)10.....................  Nanticoke River,        coordinates.
                                 Sharptown, MD.
10. (b.)17....................  Spa Creek, Severn       coordinates.
                                 River, Annapolis, MD.
11. (b.)18....................  Patuxent River,         dates.
                                 Solomons, MD.
12. (b.)19....................  N. Atlantic Ocean,      dates,
                                 Ocean City, MD.         coordinates.
13. (b.)20....................  N. Atlantic Ocean,      date,
                                 Ocean City, MD.         coordinates.
14. (c.)1.....................  Sunset Creek, Hampton   dates.
                                 River, Hampton, VA.
15. (c.)4.....................  Rappahannock River,     coordinates.
                                 Layton, VA.
16. (c.)6.....................  Mill Creek, Hampton,    coordinates.
                                 VA.
17. (c.)8.....................  Back River, Poquoson,   dates,
                                 VA.                     coordinates.
18. (c.)9.....................  Mattaponi River,        coordinates.
                                 Wakema, VA.
------------------------------------------------------------------------

    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 injury or death resulting from
near or actual contact among participant vessels and spectator vessels
or mariners traversing through the regulated area. In order to protect
the safety of all waterway users including event participants and
spectators, this rule establishes special local regulations for the
time and location of each marine event.
    This rule provides designated spectator areas for commercial small
passenger vessels at certain marine event(s). The purpose of a
commercial small passenger vessel spectator area is to ensure the safe
operation of commercial vessels that carry a greater number of
passengers onboard and operating within the widespread, high capacity
spectator fleet at marine events. These spectator areas facilitate
direct and unobstructed accesses for first responders should an
emergency occur aboard one of the higher capacity commercial passenger
vessels. Commercial passenger vessels holding a valid Certificate of
Inspection issued under 46 CFR 114.110, and 175.110, (subchapter K or T
vessels) are eligible for access to the designated spectator area as
directed by the marine event Patrol Commander.
    Owners or operators of vessels that meet the requirements of
subchapter K or T vessels may request access to the Severn River
spectator area for the U.S. Naval Academy Blue Angels Air Show by
contacting the City of Annapolis Harbormaster Office, at telephone
(410) 263-7973 or email at<EMAIL_ADDRESS>Application must
be made no later than seven days prior to the date of the event.
Applicants will be notified by the Captain of the Port or
representative regarding status of applications generally the Friday
before the date of the event.
    Owners or operators of vessels that meet the requirements of
subchapter K or T vessels may request access to the Patapsco River
spectator area for the Baltimore Air Show by contacting Sail Baltimore
at telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
Application must be made no later than ten days prior to the date of
the event. Applicants will be notified by the Captain of the Port or
representative regarding status of applications generally the Friday
before the date of the event.
    This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the Captain of
the Port (COTP), or designated Coast Guard Patrol Commander. The
designated ``Patrol Commander'' includes Coast Guard commissioned,
warrant, or petty officer who has been designated by the COTP 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
    This rule adds 4 new safety zones, and revises 22 previously
established safety zones listed in the Table to Sec.  165.506. Other
than changes to the dates and locations of certain safety zones, the
other provisions in 33 CFR 165.506 remain unchanged.
    The Coast Guard revises the regulations at 33 CFR 165.506 by adding
4 new safety zone locations to the permanent regulations listed in this
section. The new safety zones are listed in Table 4, including
reference by section as printed in the Table to Sec.  165.506.

                                 Table 4
                 [Safety zones added to 33 CFR 165.506]
------------------------------------------------------------------------
    Table to Sec.   165.506 section                  Location
------------------------------------------------------------------------
1. (a.)17..............................  N. Atlantic Ocean, Sea Isle
                                          City, NJ.
2. (a.)18..............................  Rehoboth Bay, Dewey Beach, DE.

3. (b.)27..............................  Chester River, Kent Island
                                          Narrows, MD.
4. (b.)28..............................  Susquehanna River, Havre de
                                          Grace, MD.
------------------------------------------------------------------------

    The rule revises 22 preexisting safety zones that involves change
to event date(s) and coordinates. These revised safety zones are shown
in Table 5, with reference by section as printed in the Table to Sec.
165.506.

                                 Table 5
            [Changes to safety zone date(s) and coordinates]
------------------------------------------------------------------------
                                                         Revision (date/
    Table to Sec.   165.506            Location           coordinates)
------------section-----------------------------------------------------
1. (a.)1......................  N. Atlantic Ocean,      dates.
                                 Bethany Beach, DE.
2. (a.)3......................  N. Atlantic Ocean,      dates.
                                 Rehoboth Beach, DE.
3. (a.)4......................  N. Atlantic Ocean,      dates.
                                 Avalon, NJ.
4. (a.)5......................  Barnegat Bay, Barnegat  dates.
                                 Township, NJ.
5. (a.)6......................  N. Atlantic Ocean,      dates.
                                 Cape May, NJ.
6. (a.)7......................  Delaware Bay, North     dates.
                                 Cape May, NJ.
7. (a.)8......................  Great Egg Harbor        dates.
                                 Inlet, Margate City,
                                 NJ.
8. (a.)9......................  Metedeconk River,       dates.
                                 Brick Township, NJ.
9. (a.)10.....................  N. Atlantic Ocean,      dates.
                                 Atlantic City, NJ.
10. (a.)11....................  N. Atlantic Ocean,      dates.
                                 Ocean City, NJ.
11. (a.)13....................  Little Egg Harbor,      dates.
                                 Parker Island, NJ.
12. (a.)16....................  Delaware River,         dates.
                                 Philadelphia, PA.
13. (b.)2.....................  Severn River and Spa    coordinates.
                                 Creek, Annapolis, MD.
14. (b.)4.....................  Upper Potomac River,    dates/
                                 Washington, DC.         coordinates.
15. (b.)5.....................  Northwest Harbor (East  coordinates.
                                 Channel), Patapsco
                                 River, MD.
16. (b.)12....................  Potomac River,          dates.
                                 Fairview Beach,
                                 Charles County, MD.
17. (b.)16....................  Susquehanna River,      dates.
                                 Havre de Grace, MD.
18. (b.)20....................  Upper Potomac River,    dates.
                                 Washington, DC.
19. (b.)22....................  Potomac River, Prince   dates/
                                 William County, VA.     coordinates.
20. (c.)9.....................  North Atlantic Ocean,   dates.
                                 Virginia Beach, VA
                                 (safety zone A).
21. (c.)18....................  Cape Charles Harbor,    dates.
                                 Cape Charles, VA.
22. (c.)23....................  Elizabeth River         dates.
                                 Eastern Branch,
                                 Norfolk, VA.
------------------------------------------------------------------------

    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 enforcement period for these 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 time frame if authorized by the
COTP or designated Coast Guard patrol commander on scene, as provided
for in 33 CFR 165.23. This rule provides for the safety of life on
navigable waters during the events. The regulatory text we are
proposing appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the rule has not been reviewed by the Office of Management
and Budget.
    This regulatory action determination is based on the short amount
of time that vessels will be restricted from regulated areas, and the
small size of these areas that are usually positioned away from high
vessel traffic zones. Generally vessels would not be precluded from
getting underway, or mooring at any piers or marinas currently located
in the vicinity of the regulated areas. Advance notifications would
also be made to the local maritime community by issuance of Local
Notice to Mariners, Broadcast Notice to Mariners, Marine information
and facsimile broadcasts so mariners can adjust their plans
accordingly. Notifications to the public for most events will typically
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 one to three times per year.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,

requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
regulated areas or safety zones may be small entities, for the reasons
stated in section IV.A above this rule would not have a significant
economic impact on any vessel owner or operator. However 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 these
regulated areas during the times the zones are enforced.
    These special local 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.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (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 rule involves implementation of regulations within 33 CFR part
100 that apply to organized marine events on the navigable waters of
the United States. Some marine events by their nature may introduce
potential for adverse impact on the safety or other interest of
waterway users or waterfront infrastructure within or close proximity
to 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 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 generally launched from
or immediately adjacent to navigable waters of the United States. The
category of activities includes fireworks launched from barges or at
the shoreline that generally rely on the use of navigable waters as a
safety buffer. Fireworks displays may introduce potential hazards such
as accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris. 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 rule.

G. 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
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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.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
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docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this rule as being available in the docket,
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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 amends
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. Revise Sec.  100.501 to read as follows:

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

    The following regulations apply to the marine events listed in the
Table to Sec.  100.501. These regulations will be effective annually,
for the duration of each event listed in the Table to Sec.  100.501.
Annual notice of the exact dates and times of the effective period of
the regulation with respect to each event, the geographical area, and
details concerning the nature of the event and the number of
participants and type(s) of vessels involved will be published in Local
Notices to Mariners and via Broadcast Notice to Mariners over VHF-FM
marine band radio.
    (a) Definitions. The following definitions apply to this section:
    (1) Coast Guard Patrol Commander. A Patrol Commander (PATCOM) is a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the respective Coast Guard Sector--Captain of the Port to
enforce these regulations.
    (2) Official Patrol means any vessel assigned or approved by the
respective Captain of the Port with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (4) Regulated area as used in this section means an area where
Special local regulations apply to a specific described waterway to
include creeks, sounds, bays, rivers and oceans. Regulated areas
include all waters of a specific body of water described with intent to
define boundaries where Coast Guard enforces Special local regulations.
Boundaries may be described from shoreline to shoreline, reference
bridges or other fixed structures, by points and lines defined by
latitude and longitude. All coordinates reference Datum: NAD 1983.
    (b) Marine Event Patrol. The Coast Guard may assign a marine event
patrol, as described in Sec.  100.40 of this part, to each regulated
event listed in the table. Additionally, a Patrol Commander may be
assigned to oversee the patrol. The marine event patrol and Patrol
Commander may be contacted on VHF-FM Channel 16. The Coast Guard Patrol
Commander may terminate the event, or the operation of any vessel
participating in the marine event, at any time if deemed necessary for
the protection of life or property. Only designated marine event
participants and their vessels and official patrol vessels are
authorized to enter the regulated area.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander
or designated marine event patrol may forbid and 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 shall immediately
comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the race course.
    (3) Race area. This is an area described by a line bound by
coordinates provided in latitude and longitude that outlines the
boundary of a race area within the regulated area defined by this part.
Only event sponsor designated participants or designated participating
vessels and official patrol vessels are allowed to enter the race area.
Persons or vessel operators may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Patrol Commander on VHF-FM Channel 16.
    (4) Spectator area. This is an area described by a line bound by
coordinates provided in latitude and longitude that outlines the
boundary of a spectator area within the regulated area defined by this
part. Spectators are only allowed inside the regulated area if they
remain within a designated spectator area. All spectator vessels shall
be anchored or operate at a No Wake Speed within the designated
spectator area. On scene designated PATCOM representatives will direct
spectator vessels to the spectator area. Spectators may contact the
Coast Guard Patrol Commander to request permission to pass through the
regulated area. If permission is granted, spectators must pass directly
through the regulated area at safe speed and without loitering.
    (5) Buffer area. This is a neutral zone that surrounds the
perimeter of a Race Area or Marine Event Area within the regulated area
described by this part. The purpose of a buffer zone is to minimize
potential collision conflicts with marine event participants or race
boats and spectator vessels or nearby transiting vessels. This zone
provides separation between a Race Area or

Marine Event Area and a specified Spectator Area or other vessels that
are operating in the vicinity of the Special local regulated area for
marine event.
    (6) Spectators are only allowed inside the regulated area if they
remain within a designated spectator area. Spectators may contact the
Coast Guard Patrol Commander to request permission to either enter the
Spectator Area or pass through the regulated area. If permission is
granted, spectators may enter the Spectator Area or must pass directly
through the regulated area as instructed by PATCOM at safe speed and
without loitering.
    (d) Contact information. Questions about marine events should be
addressed to the local Coast Guard Captain of the Port for the area in
which the marine event is occurring. Contact information is listed
below. For a description of the geographical area of each Coast Guard
Sector--Captain of the Port zone, please see subpart 3.25 of this
chapter.
    (1) Coast Guard Sector Delaware Bay--Captain of the Port Zone,
Philadelphia, Pennsylvania:<PHONE_NUMBER>.
    (2) Coast Guard Sector Baltimore--Captain of the Port Zone,
Baltimore, Maryland:<PHONE_NUMBER>.
    (3) Coast Guard Sector Hampton Roads--Captain of the Port Zone,
Norfolk, Virginia:<PHONE_NUMBER>.
    (4) Coast Guard Sector North Carolina--Captain of the Port Zone
North Carolina:<PHONE_NUMBER> or<PHONE_NUMBER>.
    (e) Application for marine events. The application requirements of
Sec.  100.15 of this part apply to all marine events listed in the
Table to Sec.  100.501. For information on applying for a marine event
permit, contact the Captain of the Port for the area in which the
marine event will occur, at the phone numbers listed above.
    (f) Enforcement periods. The enforcement periods for each of the
Special local regulations listed in the Table to Sec.  100.501 of this
section are subject to change, but the duration of enforcement would
remain the same or nearly the same total amount of time as stated in
its table. In the event of a change, or for enforcement periods listed
that do not allow a specific date or dates to be determined, the
Captain of the Port will provide notice by publishing a Notice of
Enforcement in the Federal Register, as well as, issuing a Broadcast
Notice to Mariners.
    (g) Regulations for specific marine events. (1) Marine event (b.)
7, U.S. Naval Academy Blue Angels Air Show. Severn River spectator
area; except for a vessel in an emergency situation, a vessel may not
anchor or maintain station within the spectator area described in Table
to 100.501 (b.) 7 without the permission of the Captain of the Port or
designated Patrol Commander. The Captain of the Port has designated
this spectator area for commercial small passenger vessel use. This
area is closed except for commercial small passenger vessels holding a
valid Certificate of Inspection regulated under 46 CFR chapter I,
subchapters K and T (46 CFR 114.110, and 175.110). Vessels that meet
the requirements of this section may request access to the Severn River
spectator area by contacting the City of Annapolis Harbormaster at
(410) 263-7973 or email<EMAIL_ADDRESS>to obtain a vessel
spectator area application. Vessel spectator area applications shall be
submitted no later than 7 calendar days prior to the event date.
Applicants will be notified by the Captain of the Port or
representative regarding status of applications and further
instructions. All vessels shall contact the Patrol Commander on VHF-FM
channels 16 or 22A prior to transiting to the spectator area to confirm
entry approval. Vessels approved for spectator area access shall follow
the instructions issued by the Patrol Commander when entering the
regulated area. The regulations for this event will restrict access to
some of the anchorage grounds listed at 33 CFR 110.159, Annapolis
Harbor, MD, specifically (2) Middle Ground Anchorage, (3) South
Anchorage and (4) Naval Anchorage for Small Craft.
    (2) Marine event (b.) 24, Baltimore Air Show. Patapsco River
spectator area; except for a vessel in an emergency situation, a vessel
may not anchor or hold station within the spectator area described in
Table to 100.501 (b.) 24 without the permission of the Captain of the
Port or designated Patrol Commander. The Captain of the Port has
designated this spectator area for commercial small passenger vessel
use. This area is closed except for commercial small passenger vessels
holding a valid Certificate of Inspection regulated under 46 CFR
chapter I, subchapters K and T (46 CFR 114.110, and 175.110). Vessels
that meet the requirements of this section may request access to the
Patapsco River spectator area by contacting the Sail Baltimore at (410)
522-7300 or email<EMAIL_ADDRESS>to obtain a vessel spectator
area application. Vessel spectator area applications shall be submitted
no later than 10 calendar days prior to the event date. Applicants will
be notified by the Captain of the Port or representative regarding
status of applications and further instructions. All vessels shall
contact the Patrol Commander on VHF-FM channels 16 or 22A prior to
transiting to the spectator area to confirm entry approval. Vessels
approved for spectator area access shall follow the instructions issued
by the Patrol Commander when entering the regulated area.

                                             Table to Sec.   100.501
                [All coordinates listed in the Table to Sec.   100.501 reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
                          Enforcement                                                    Location/special local
        No.              period(s) \1\             Event                Sponsor             regulation area
----------------------------------------------------------------------------------------------------------------
                                 (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
                      September--3rd        Fort Delaware         Delaware Triathlon,   Delaware River between
                      Saturday.             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.,
                                                                                thence southeast to
                                                                                latitude
                                                                                39[deg]34'57.3'' N.,
                                                                                longitude
                                                                                075[deg]33'23.1'' W.,
                                                                                thence southwest to
                                                                                latitude
                                                                                39[deg]34'11.9'' N.,
                                                                                longitude
                                                                                075[deg]34'28.6'' W.,
                                                                                thence northwest to
                                                                                latitude
                                                                                39[deg]35'52.4'' N.,
                                                                                longitude
                                                                                075[deg]36'33.9'' W.,
                                                                                thence to point of
                                                                                origin.
3..................  June--last Saturday.  Westville Parade of   Borough of Westville  All waters of Big Timber
                                            Lights.               and Westville Power   Creek in Westville, New
                                                                  Boat.                 Jersey 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..................  June--4th Sunday....  OPA Atlantic City     Offshore Performance  Regulated enforcement
                                            Grand Prix.           Assn. (OPA).          area--All waters of the
                                                                                North Atlantic Ocean
                                                                                encompassed within the
                                                                                following areas:
                                                                                Race area: All waters of
                                                                                the North Atlantic Ocean
                                                                                bounded by a line
                                                                                connecting the following
                                                                                points: Latitude
                                                                                39[deg]21'31'' N.,
                                                                                longitude
                                                                                074[deg]24'45'' W.,
                                                                                thence east to latitude
                                                                                39[deg]21'08'' N.,
                                                                                longitude
                                                                                074[deg]24'32'' W.,
                                                                                thence southwest to
                                                                                latitude
                                                                                39[deg]20'21.5'' N.,
                                                                                longitude
                                                                                074[deg]27'04.6'' W.,
                                                                                thence northwest to
                                                                                latitude
                                                                                39[deg]20'45.6'' N.,
                                                                                longitude
                                                                                074[deg]27'11.6'' W.,
                                                                                thence northeast
                                                                                parallel to shoreline to
                                                                                point of origin.
                                                                                Buffer area: All waters
                                                                                of the North Atlantic
                                                                                Ocean bounded by a line
                                                                                connecting the following
                                                                                points: Latitude
                                                                                39[deg]21'46'' N.,
                                                                                longitude
                                                                                074[deg]24'35'' W.,
                                                                                thence east to latitude
                                                                                39[deg]21'06'' N.,
                                                                                longitude
                                                                                074[deg]24'06'' W.,
                                                                                thence southwest to
                                                                                latitude 39[deg]20'06''
                                                                                N., longitude
                                                                                074[deg]27'20'' W.,
                                                                                thence northwest to
                                                                                latitude
                                                                                39[deg]20'40.6'' N.,
                                                                                longitude
                                                                                074[deg]27'31.5'' W.,
                                                                                thence northeast along
                                                                                the shoreline to point
                                                                                of origin.
                                                                                Spectator area: All
                                                                                waters of the North
                                                                                Atlantic Ocean bounded
                                                                                by a line connecting the
                                                                                following points:
                                                                                Latitude
                                                                                39[deg]21'05.6'' N.,
                                                                                longitude
                                                                                074[deg]24'05.8'' W.,
                                                                                thence east to latitude
                                                                                39[deg]20'52.1'' N.,
                                                                                longitude
                                                                                074[deg]23'53.9'' W.,
                                                                                thence southeast to
                                                                                latitude
                                                                                39[deg]19'51.6'' N.,
                                                                                longitude
                                                                                074[deg]27'16.2'' W.,
                                                                                thence northwest to
                                                                                latitude
                                                                                39[deg]20'05.6'' N.,
                                                                                longitude
                                                                                074[deg]27'20'' W.,
                                                                                thence northeast to
                                                                                point of origin.
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  Regulated enforcement
                      Saturday and Sunday.  NJ Offshore Grand     Association (OPA)     area--All waters of the
                                            Prix.                 and New Jersey        North Atlantic Ocean
                                                                  Offshore Racing       encompassed within the
                                                                  Assn.                 following areas:
                                                                                Race area: All waters of
                                                                                the North Atlantic Ocean
                                                                                bounded by a line
                                                                                connecting the following
                                                                                points: Latitude
                                                                                39[deg]59'41'' N.,
                                                                                longitude
                                                                                074[deg]03'20'' W.,
                                                                                thence east to latitude
                                                                                39[deg]59'28'' N.,
                                                                                longitude
                                                                                074[deg]02'15'' W.,
                                                                                thence southwest to
                                                                                latitude 39[deg]56'41''
                                                                                N., longitude
                                                                                074[deg]02'55'' W.,
                                                                                thence west to latitude
                                                                                39[deg]56'45'' N.,
                                                                                longitude
                                                                                074[deg]03'52'' W.,
                                                                                thence north parallel to
                                                                                shoreline to point of
                                                                                origin.

                                                                                Buffer area: All waters
                                                                                of the North Atlantic
                                                                                Ocean bounded by a line
                                                                                connecting the following
                                                                                points: Latitude
                                                                                40[deg]00'00'' N.,
                                                                                longitude
                                                                                074[deg]03'31'' W.,
                                                                                thence east to latitude
                                                                                39[deg]59'41'' N.,
                                                                                longitude
                                                                                074[deg]02'00'' W.,
                                                                                thence southwest to
                                                                                latitude 39[deg]56'28''
                                                                                N., longitude
                                                                                074[deg]02'43'' W.,
                                                                                thence west to latitude
                                                                                39[deg]56'31'' N.,
                                                                                longitude
                                                                                074[deg]04'10'' W.,
                                                                                thence north along the
                                                                                shoreline to point of
                                                                                origin.
                                                                                Spectator area: All
                                                                                waters of the North
                                                                                Atlantic Ocean bounded
                                                                                by a line connecting the
                                                                                following points:
                                                                                Latitude 39[deg]59'41''
                                                                                N., longitude
                                                                                074[deg]01'59'' W.,
                                                                                thence east to latitude
                                                                                39[deg]59'39'' N.,
                                                                                longitude
                                                                                074[deg]01'48'' W.,
                                                                                thence southwest to
                                                                                latitude 39[deg]56'27''
                                                                                N., longitude
                                                                                074[deg]02'29'' W.,
                                                                                thence west to latitude
                                                                                39[deg]56'28'' N.,
                                                                                longitude
                                                                                074[deg]02'43'' W.,
                                                                                thence north to point of
                                                                                origin.
7..................  May--3rd weekend,     New Jersey Offshore   Offshore Performance  Regulated enforcement
                      Saturday and Sunday.  Grand Prix.           Assn. & New Jersey    area--All waters of the
                                                                  Offshore Racing       North Atlantic Ocean
                                                                  Assn.                 encompassed within the
                                                                                following areas:
                                                                                Race area: All waters of
                                                                                the North Atlantic Ocean
                                                                                bounded by a line
                                                                                connecting the following
                                                                                points: Latitude
                                                                                40[deg]05'40'' N.,
                                                                                longitude
                                                                                074[deg]01'59'' W.,
                                                                                thence southeast to
                                                                                latitude 40[deg]05'34''
                                                                                N., longitude
                                                                                074[deg]01'40'' W.,
                                                                                thence south to latitude
                                                                                40[deg]03'54'' N.,
                                                                                longitude
                                                                                074[deg]02'07'' W.,
                                                                                thence west to latitude
                                                                                40[deg]03'56'' N.,
                                                                                longitude
                                                                                074[deg]02'24'' W.,
                                                                                thence north and
                                                                                parallel to shoreline to
                                                                                point of origin.
                                                                                Buffer area: All waters
                                                                                of the North Atlantic
                                                                                Ocean bounded by a line
                                                                                connecting the following
                                                                                points: Latitude
                                                                                40[deg]05'55'' N.,
                                                                                longitude
                                                                                074[deg]02'02'' W.,
                                                                                thence southeast to
                                                                                latitude 40[deg]05'44''
                                                                                N., longitude
                                                                                074[deg]01'28'' W.,
                                                                                thence south to latitude
                                                                                40[deg]03'42'' N.,
                                                                                longitude
                                                                                074[deg]02'01'' W.,
                                                                                thence west to latitude
                                                                                40[deg]03'44'' N.,
                                                                                longitude
                                                                                074[deg]02'36'' W.,
                                                                                thence north along the
                                                                                shoreline to point of
                                                                                origin.
                                                                                Spectator area: All
                                                                                waters of the North
                                                                                Atlantic Ocean bounded
                                                                                by a line connecting the
                                                                                following points:
                                                                                Latitude 40[deg]05'44''
                                                                                N., longitude
                                                                                074[deg]01'27'' W.,
                                                                                thence east to latitude
                                                                                40[deg]05'42'' N.,
                                                                                longitude
                                                                                074[deg]01'20'' W.,
                                                                                thence southwest to
                                                                                latitude 40[deg]03'42''
                                                                                N., longitude
                                                                                074[deg]01'55'' W.,
                                                                                thence west to latitude
                                                                                40[deg]03'42'' N.,
                                                                                longitude
                                                                                074[deg]02'01'' W.,
                                                                                thence north to point of
                                                                                origin.
8..................  August--3rd Tuesday   Thunder Over the      Atlantic City         The waters of the North
                      and Wednesday.        Boardwalk Air show.   Chamber of Commerce.  Atlantic Ocean, adjacent
                                                                                to Atlantic City, New
                                                                                Jersey, bounded by a
                                                                                line drawn between the
                                                                                following points: From a
                                                                                point along the
                                                                                shoreline at latitude
                                                                                39[deg]21'31'' N.,
                                                                                longitude
                                                                                074[deg]25'04'' W.,
                                                                                thence southeasterly 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..................  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.
10.................  December 31st (New    U.S. holiday          City of Philadelphia  The waters of the
                      Year's Eve).          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.

11.................  September--2nd or     Ocean City Air Show.  Ocean City, NJ......  All waters of the New
                      3rd 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.
12.................  June--4th Sunday and  Atlantic City         Atlantic City, NJ...  All waters of the New
                      August 2nd or 3rd     International                               Jersey Intracoastal
                      Sunday. September--   Triathlon.                                  Waterway (ICW) bounded
                      2nd or 3rd Saturday                                               by a line connecting the
                      and Sunday.                                                       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.
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                                  (b.) Coast Guard Sector Baltimore--COTP Zone
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1..................  March--4th or last    USNA 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 Triton Light
                                                                                at latitude
                                                                                38[deg]58'53.0'' N.,
                                                                                longitude
                                                                                076[deg]28'34.4'' W.,
                                                                                thence easterly to Carr
                                                                                Point, MD at latitude
                                                                                38[deg]58'58.7'' N.,
                                                                                longitude
                                                                                076[deg]27'38.9'' W.
2..................  April and May--every  USNA Crew Races.....  U.S. Naval Academy..  All waters of the Severn
                      Friday, Saturday                                                  River from shoreline to
                      and Sunday.                                                       shoreline, bounded to
                                                                                the northwest by a line
                                                                                drawn from the south
                                                                                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
                                                                                U.S. 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..................  July--3rd, 4th or     Middle River Dinghy   Norris Trust          The waters of Middle
                      last Saturday, or     Poker Run.            Foundation.           River, from shoreline to
                      Sunday.                                                           shoreline, within an
                                                                                area bounded to the
                                                                                north by a line drawn
                                                                                along latitude
                                                                                39[deg]19'33'' N., and
                                                                                bounded to the south by
                                                                                a line drawn from
                                                                                latitude
                                                                                39[deg]17'24.4'' N.,
                                                                                longitude
                                                                                076[deg]23'53.3'' W., to
                                                                                latitude
                                                                                39[deg]18'06.4'' N.,
                                                                                longitude
                                                                                076[deg]23'10.9'' W.,
                                                                                located in Baltimore
                                                                                County, at Essex, 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
                                                                                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.,
                                                                                located at Chestertown,
                                                                                MD.
6..................  May--3rd Friday,      Washington, D.C.      Washington, D.C.      The waters of the Upper
                      Saturday and          Dragon Boat           Dragon Boat           Potomac River,
                      Sunday. June 2nd or   Festival.             Festival, Inc.        Washington, DC, from
                      3rd Friday,                                                       shoreline to shoreline,
                      Saturday and Sunday.                                              bounded upstream by the
                                                                                Francis Scott Key Bridge
                                                                                and downstream by the
                                                                                Roosevelt Memorial
                                                                                Bridge, located at
                                                                                Georgetown, Washington,
                                                                                DC.
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'' N.,
                                                                                longitude
                                                                                076[deg]31'02'' W.,
                                                                                thence to the north
                                                                                shoreline at latitude
                                                                                39[deg]00'52.7'' N.,
                                                                                longitude
                                                                                076[deg]30'46'' 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
                                                                                U.S. Naval Academy Light
                                                                                at latitude
                                                                                38[deg]58'39.5'' N.,
                                                                                longitude
                                                                                076[deg]28'49'' W.,
                                                                                thence southeast to a
                                                                                point 1500 yards ESE of
                                                                                Chinks Point, MD at
                                                                                latitude 38[deg]57'41''
                                                                                N., longitude
                                                                                076[deg]27'36'' W.,
                                                                                thence northeast to
                                                                                Greenbury Point at
                                                                                latitude
                                                                                38[deg]58'27.7'' N.,
                                                                                longitude
                                                                                076[deg]27'16.4'' W.,
                                                                                Spectator area: All
                                                                                waters of the Severn
                                                                                River bounded by a line
                                                                                commencing at latitude
                                                                                38[deg]58'38.2'' N.,
                                                                                longitude
                                                                                076[deg]27'56.9'' W.,
                                                                                thence southeast to
                                                                                latitude
                                                                                38[deg]58'24.9'' N.,
                                                                                longitude
                                                                                076[deg]27'47.6'' W.,
                                                                                thence west to latitude
                                                                                38[deg]58'22.3'' N.,
                                                                                longitude
                                                                                076[deg]27'54.5'' W.,
                                                                                thence northwest to
                                                                                latitude
                                                                                38[deg]58'28.3'' N.,
                                                                                longitude
                                                                                076[deg]28'11'' W.,
                                                                                thence east to point of
                                                                                origin. This area is
                                                                                located generally in the
                                                                                center portion of Middle
                                                                                Ground Anchorage, Severn
                                                                                River, MD. This
                                                                                spectator area is
                                                                                restricted to certain
                                                                                vessels as described in
                                                                                Sec.   100.501 paragraph
                                                                                (g)(1).
8..................  June--2nd Sunday....  The Great Chesapeake  The Great Chesapeake  The waters of the
                                            Bay Swim.             Bay Swim, Inc.        Chesapeake Bay between
                                                                                and adjacent to the
                                                                                spans of the William P.
                                                                                Lane Jr. Memorial
                                                                                Bridges from shoreline
                                                                                to shoreline, bounded to
                                                                                the north by a line
                                                                                drawn parallel and 500
                                                                                yards north of the north
                                                                                bridge span that
                                                                                originates from the
                                                                                western shoreline at
                                                                                latitude 39[deg]00'36''
                                                                                N., longitude
                                                                                076[deg]23'05'' W., and
                                                                                thence eastward to the
                                                                                eastern shoreline at
                                                                                latitude 38[deg]59'14''
                                                                                N., longitude
                                                                                076[deg]20'00'' W., and
                                                                                bounded to the south by
                                                                                a line drawn parallel
                                                                                and 500 yards south of
                                                                                the south bridge span
                                                                                that originates from the
                                                                                western shoreline at
                                                                                latitude 39[deg]00'16''
                                                                                N., longitude
                                                                                076[deg]24'30'' W., and
                                                                                thence eastward to the
                                                                                eastern shoreline 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--  Carolina Virginia     Regulated enforcement
                      and Sunday or July--  Sharptown Regatta.    Racing Assn.          area--All waters of the
                      2nd Saturday and                                                  Nanticoke River
                      Sunday.                                                           encompassed within the
                                                                                following areas:

                                                                                Race area: All waters of
                                                                                the Nanticoke River
                                                                                commencing at a point at
                                                                                latitude 38[deg]33'02''
                                                                                N., longitude
                                                                                075[deg]42'44'' W.,
                                                                                thence northwest to
                                                                                latitude 38[deg]33'03''
                                                                                N., longitude
                                                                                075[deg]42'45'' W.,
                                                                                thence southwest to
                                                                                latitude 38[deg]32'46''
                                                                                N., longitude
                                                                                075[deg]43'08'' W.,
                                                                                thence southeast to
                                                                                latitude 38[deg]32'45''
                                                                                N., longitude
                                                                                075[deg]43'07'' W.,
                                                                                thence northeast to the
                                                                                point of origin.
                                                                                Race boat/participant
                                                                                access area: Located
                                                                                southwest and down river
                                                                                from the race area. From
                                                                                shoreline to shoreline
                                                                                and bound by a line
                                                                                commencing at latitude
                                                                                38[deg]32'37'' N.,
                                                                                longitude
                                                                                075[deg]43'14'' W.,
                                                                                thence northwest across
                                                                                the river to latitude
                                                                                38[deg]32'41.5'' N.,
                                                                                longitude
                                                                                075[deg]43'19.3'' W.,
                                                                                thence northeast to
                                                                                latitude 38[deg]32'46''
                                                                                N., longitude
                                                                                075[deg]43'14'' W.,
                                                                                thence southeast along
                                                                                the Route 313 bridge to
                                                                                latitude
                                                                                38[deg]32'41.7'' N.,
                                                                                longitude
                                                                                075[deg]43'08.2'' W.,
                                                                                thence southwest to
                                                                                point of origin.
                                                                                Buffer area: All waters
                                                                                of the Nanticoke River
                                                                                bounded by a line
                                                                                connecting the following
                                                                                points: Commencing at
                                                                                latitude 38[deg]33'02''
                                                                                N., longitude
                                                                                075[deg]42'39'' W.,
                                                                                thence southwest
                                                                                tolatitude
                                                                                38[deg]32'42'' N.,
                                                                                longitude
                                                                                075[deg]43'07'' W.,
                                                                                thence northwest to