[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Proposed Rules]
[Pages 5463-5470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2391]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100 and 165

[Docket No. USCG-2011-1026]
RIN 1625-AA08; AA00


Safety Zones; Annually Recurring Marine Events in Coast Guard 
Southeastern New England Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend special local regulations 
and to establish permanent safety zones in Coast Guard Southeastern New 
England Captain of the Port (COTP) Zone for annually recurring marine 
events. When these safety zones are activated, and subject to 
enforcement, this rule may restrict vessels from portions of water 
areas during annual events listed in the TABLE below that may pose a 
hazard to public safety. The revised safety zones would expedite public 
notification of events, remove extraneous and discontinued marine 
events, add new annually recurring marine events, and ensure the 
protection of the maritime public and event participants from the 
hazards associated with marine regattas, firework displays, swim 
competitions, and other marine events.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 3, 2012. Requests for public meetings must be 
received by the Coast Guard on or before February 24, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1026 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Edward G. LeBlanc, Waterways Management 
Division at Coast Guard Sector Southeastern New England, telephone 
(401) 435-2351, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-1026), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu

[[Page 5464]]

select ``Proposed Rule'' and insert ``USCG-2011-1026'' in the 
``Keyword'' box. Click ``Search'' then click on the balloon shape in 
the ``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the Facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-1026'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before February 24, 2012, using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1225, 1226, 
1231, 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 
Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
define safety zones.
    Many marine events are held annually on a recurring basis on or 
over the navigable waters within the Coast Guard Southeastern New 
England COTP Zone. These events include sailing regattas, powerboat 
races, rowboat races, parades, swim events, air shows, and fireworks 
displays. In the past, the Coast Guard has established special local 
regulations, regulated areas, and safety zones for these events on a 
case by case basis to ensure the protection of the maritime public and 
event participants from the hazards associated with these events. This 
proposed rule will consistently apprise the public in a timely manner 
through permanent publication in Title 33 of the Code of Federal 
Regulations. The Table in this proposed regulation lists each annual 
recurring event requiring a regulated area as administered by the Coast 
Guard.
    By establishing permanent regulations for these events, the Coast 
Guard will eliminate the need to establish temporary rules for events 
that occur on an annual basis. Some of the events discussed below are 
duplicated in 33 CFR 100.112, 100.113, 100.114 and 100.116, which are 
citations that no longer meet the Coast Guard's intended purposes. 
While 33 CFR part 100 is designed for Regattas and Marine Parades, 33 
CFR part 165 is for Regulated Navigation Areas and Limited Access 
Areas. The Coast Guard has identified a number of events in 33 CFR part 
100 which would be more appropriately located in 33 CFR part 165. This 
rulemaking will amend local regulations for events already contained in 
33 CFR part 100 both to update event information as well as to move 
fireworks displays to Section 165, a citation that better meets the 
Coast Guard's intended purpose of ensuring safety during these events.
    This rulemaking will eliminate seven (7) extraneous and outdated 
marine events which have either been discontinued, or no longer require 
a special local regulation due to the absence of a viable marine 
hazard. Elimination of these seven events will prevent confusion 
amongst the public who may be led to believe that these events are 
still marine events recurring on an annual basis. Their removal will 
also promote regulatory efficiency by eliminating unnecessary local 
regulations which are no longer enforced.
    In addition, the Coast Guard has promulgated safety zones or 
special local regulations in the past for 17 of the 24 events listed in 
the TABLE, and has not received public comments or concerns regarding 
the impact to waterway traffic from these annually recurring events. 
The seven (7) new annually recurring events now require local 
regulations in order to ensure the safety of both participants and 
spectators, as the marine events may pose unique hazards to waterways 
navigation and safety.
    The Coast Guard does not anticipate any negative public comments 
regarding these seven new annually recurring marine events as these 
events have been held on an annual basis for several years now, in 
which local maritime enforcement assets have established ``safety 
perimeters'' around the events, similar to the proposed safety zones. 
The Coast Guard has promulgated safety zones or special local 
regulations for these areas in the past, and has not received public 
comments or concerns regarding the impact to waterway traffic from 
these annually recurring.

Discussion of Proposed Rule

    The Coast Guard proposes to remove sections 33 CFR 100.112, 
100.113, 100.116, to revise section 33 CFR 100.114, and to add section 
33 CFR 165.173. The proposed changes will remove seven outdated marine 
events and establish 24 permanent regulated areas. The proposed rule 
will apply to each recurring marine event listed in the attached Table 
in the Coast Guard Southeastern New England COTP Zone. The Table 
provides the event name, type, and approximate safety zone dimensions 
as well as approximate dates, times, and locations of the events. The 
specific times, dates, regulated areas and enforcement period for each 
event will be provided through the Local Notice to Mariners, Broadcast 
Notice to Mariners or through a Notice of Enforcement published in the 
Federal Register.
    Three event sponsors of fireworks displays have requested the 
creation of safety zones which may be enforced 365 days a year. The 
purpose of these 365 day safety zones is to permit sponsors the 
flexibility to hold similar fireworks displays at the same location on 
different days and for different events without the need of creating 
temporary final rules. These three 365 day Safety Zones can be found in 
section 1.0 in the Table below.
    The particular size of the safety zones established for each event 
will be reevaluated on an annual basis in accordance with Navigational 
and Vessel Inspection Circular (NVIC) 07-02, Marine Safety at Firework 
Displays, the National Fire Protection Association

[[Page 5465]]

Standard 1123, Code for Fireworks Displays (100-foot distance per inch 
of diameter of the fireworks mortars), and other pertinent regulations 
and publications.
    This proposed regulation would prevent vessels from transiting 
areas specifically designated as safety zones during the periods of 
enforcement to ensure the protection of the maritime public and event 
participants from the hazards associated with listed annual recurring 
events. Only event sponsors, designated participants, and official 
patrol vessels will be allowed to enter safety zones and special local 
regulation areas. Spectators and other vessels not registered as event 
participants may not enter the regulated areas without the permission 
of the COTP or the COTP's designated representative.

Regulatory Analyses

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

Executive Order 12866 and Executive Order 13563

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
regulation may have some impact on the public, the potential impact 
will be minimized for the following reasons: Vessels will only be 
restricted from safety zones for a short duration of time; vessels may 
transit in all portions of the affected waterway except for those areas 
covered by the proposed regulated areas, and vessels may enter or pass 
through the affected waterway with the permission of the COTP or the 
COTP's representative. The Coast Guard has promulgated safety zones or 
special local regulations in accordance with 33 CFR parts 100 and 165 
for 17 of the proposed 24 event areas in the past and has not received 
notice of any negative impact caused by any of the safety zones or 
special local regulations. By establishing a permanent regulation 
containing all of these events, the Coast Guard will eliminate the need 
to establish individual temporary rules for each separate event that 
occurs on an annual basis, thereby limiting the costs of cumulative 
regulations.
    Notifications will be made to the local maritime community through 
the Local Notice to Mariners well in advance of the events. If the 
event does not have a date listed, then the exact dates and times of 
the enforcement period will be announced through a Notice of 
Enforcement in the Federal Register. No new or additional restrictions 
will be imposed on vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: Owners or operators of 
vessels intending to transit, fish, or anchor in the areas where the 
listed annual recurring events are being held.
    The proposed rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessels 
will only be restricted from safety zones for a short duration of time; 
vessels may transit in portions of the affected waterway except for 
those areas covered by the proposed regulated areas; and vessels may 
enter or pass through the affected waterway with the permission of the 
COTP or the COTP's representative. The Coast Guard has promulgated 
safety zones or special local regulations in accordance with 33 CFR 
parts 100 and 165 for all event areas in the past and has not received 
notice of any negative impact caused by any of the safety zones or 
special local regulations; and notifications will be made to the local 
maritime community through the Local Notice to Mariners well in advance 
of the events. If the event does not have a date listed, then exact 
dates and times of the enforcement period will be announced through a 
Notice of Enforcement in the Federal Register. No new or additional 
restrictions would be imposed on vessel traffic.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

[[Page 5466]]

Constitutionally Protected Property Rights.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action appears to be 
one of a category of actions which do not individually or cumulatively 
have a significant effect on the human environment.
    A preliminary environmental analysis checklist supporting this 
determination is available in the docket where indicated under 
ADDRESSES. This proposed rule involves the establishment of safety 
zones for fireworks displays, swim events and other marine events. It 
appears that this action will qualify for Coast Guard Categorical 
Exclusions (34) (g) and (h), as described in figure 2-1 of the 
Commandant Instruction.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

Sec. Sec.  100.112, 100.113, 100.116  [Removed]

    2. Remove Sec. Sec.  100.112, 100.113, and 100.116
    3. Remove the following entries in the ``Fireworks Display Table'' 
in Sec.  100.114 (along with the associated ``Massachusetts '' and 
``Rhode Island'' titles) as follows: 7.16, 7.18, 7.19, 7.20, 7.21, 
7.22, 7.23, 7.24, 7.25, 7.26, 7.27, 7.28, 7.38, 8.2, 8.5, 9.4, 10.1, 
12.2, 12.3, and 12.5.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

    5. Add a new Sec.  165.173 to read as follows:


Sec.  165.173  Safety Zones for Annually Recurring Marine Events held 
in Coast Guard Sector Southeastern New England Captain of the Port 
Zone.

    (a) Regulations.
    The general regulations contained in 33 CFR 165.23 as well as the 
following regulations apply to the fireworks displays and swim events 
listed in the Table to Sec.  165.173. These regulations may be enforced 
for the duration of each event.
    Notifications will be made to the local maritime community through 
the Local Notice to Mariners well in advance of the events. If the 
event does not have a date listed, then exact dates and times of the 
enforcement period will be announced through a Notice of Enforcement in 
the Federal Register.

    Note to introductory paragraph of Sec.  165.173:  Although 
listed in the Code of Federal Regulations, sponsors of events listed 
in the Table shall submit an application each year in accordance 
with 33 CFR 100.15.

    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port, Sector 
Southeastern New England (COTP), to act on his or her behalf. The 
designated representative may be on an official patrol vessel or may be 
on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. In addition, members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.

[[Page 5467]]

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

                         Table to Sec.   165.173
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1.0                                     365 DAY JANUARY-DECEMBER
------------------------------------------------------------------------
1.1 Provincetown Fireworks...   Event Type: Fireworks Display.
                                Date: Enforced on any day during
                                the duration of the event as specified
                                by a Notice of Enforcement published in
                                the Federal Register.
                                Time: Approximately 5 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of the Provincetown Harbor,
                                Provincetown, MA.
                                Position: Within 500 yards of
                                41[deg]28'44'' N, 070[deg]10'83'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 300 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
1.2 Providence Fireworks.....   Event Type: Fireworks Display.
                                Date: Enforced on any day during
                                the duration of the event as specified
                                by a Notice of Enforcement published in
                                the Federal Register.
                                Time: Approximately 5 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of the Hurricane Barrier in the
                                Providence River, Providence, RI.
                                Position: Within 500 yards of
                                41[deg]48'50'' N, 071[deg]23'43'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 300 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
1.3 Fall River Fireworks.....   Event Type: Fireworks Display.
                                Date: Enforced on any day during
                                the duration of the event as specified
                                by a Notice of Enforcement published in
                                the Federal Register.
                                Time: Approximately 5 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Battleship Cove, Fall River,
                                MA.
                                Position: Within 500 yards of
                                41[deg]42'37'' N, 071[deg]09'53'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 200 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
6.0                                               JUNE
------------------------------------------------------------------------
6.1 Oak Bluffs Summer           Event Type: Fireworks Display.
 Solstice.
                                Date: One night on the 3rd or
                                4th weekend of June.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Town Beach, Oak Bluffs, MA.
                                Position: Within 500 yards of
                                41[deg]27'19'' N, 070[deg]33'08'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 300 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
6.2 RI National Guard Air       Event Type: Air Show.
 Show.
                                Date: One weekend (Friday,
                                Saturday, and Sunday) in June or July.
                                Time: Approximately 9 a.m. to 7
                                p.m.
                                Location: (1) All waters over
                                the West Passage of Narragansett Bay, in
                                the vicinity of the Quonset State
                                Airport, North Kingston, RI which are
                                within a 4000-yard radius arc extending
                                from position 41[deg]35'44'' N,
                                071[deg]24'14'' W (NAD 83); and (2) All
                                waters over the West Passage of
                                Narragansett Bay, in the vicinity of
                                Narragansett Pier, Narragansett, RI,
                                which are within a 2000-yard radius arc
                                extending from position 41[deg]26'17''
                                N, 071[deg]27'02'' W (NAD 83) (Friday
                                only).
                                Safety Zone Dimension:
                                Approximately 1000 yards long by 1000
                                yards wide.
------------------------------------------------------------------------
7.0                                               JULY
------------------------------------------------------------------------
7.1 Marion 4th of July          Event Type: Fireworks Display.
 Fireworks.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.

[[Page 5468]]

 
                                Location: From a barge in the
                                vicinity of Outer Sipican Harbor,
                                Marion, MA.
                                Position: Within 500 yards of
                                41[deg]42'17'' N, 070[deg]45'08'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 300 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
7.2 Oyster Harbors July 4th     Event Type: Fireworks Display.
 Festival.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Tim's Cove, North Bay,
                                Osterville, MA.
                                Position: Within 500 yards of
                                41[deg]37'29'' N, 070[deg]25'12'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 200 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
7.3 North Kingstown Fireworks   Event Type: Fireworks Display.
 Display.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Town Beach, North Kingston,
                                RI.
                                Position: Within 500 yards of
                                41[deg]33'59'' N, 071[deg]26'23'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 200 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
7.4 Falmouth Fireworks.......   Event Type: Fireworks Display.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Falmouth Beach, Falmouth,
                                MA.
                                Position: Within 500 yards of
                                41[deg]32'27'' N, 070[deg]35'26'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 300 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
7.5 Town of Nantucket           Event Type: Fireworks Display.
 Fireworks.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Jetties Beach, Nantucket
                                Sound, MA.
                                Position: Within 500 yards of
                                41[deg]19'00'' N, 070[deg]06'30'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 200 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
7.6 City of Newport 4th of      Event Type: Fireworks Display.
 July Fireworks.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From the shore in the
                                vicinity of Fort Adams, Newport, RI.
                                Position: Within 500 yards of
                                41[deg]28'49'' N, 071[deg]20'12'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 350 yard radius circle
                                around the launch site.
------------------------------------------------------------------------
7.7 Town of Barnstable/         Event Type: Fireworks Display.
 Hyannis July 4th Fireworks.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Lewis Bay, Hyannis, MA.
                                Position: Within 500 yards of
                                41[deg]38'20'' N, 070[deg]15'08'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 350 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
7.8 Edgartown 4th of July       Event Type: Fireworks Display.
 Fireworks Celebration.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Edgartown Outer Harbor,
                                Edgartown, MA.
                                Approximate position: Within 500
                                yards of 41[deg]22'39'' N,
                                070[deg]30'14'' W (NAD 83).
                                Safety Zone Dimension:
                                Approximately 300 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
7.9 City of New Bedford         Event Type: Fireworks Display.
 Fireworks Display.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of New Bedford Harbor, New
                                Bedford, MA.
                                Approximate position: Within 500
                                yards of 41[deg]37'55'' N,
                                070[deg]54'44'' W (NAD 83).
                                Safety Zone Dimension:
                                Approximately 250 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
7.10 Onset Fireworks.........   Event Type: Fireworks Display.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: On the shore, in the
                                vicinity of Shellpoint Beach, Onset, MA.

[[Page 5469]]

 
                                Approximate position: Within 500
                                yards of 41[deg]44'13'' N,
                                070[deg]39'51'' W (NAD 83).
                                Safety Zone Dimension:
                                Approximately 300 yard radius circle
                                around the fireworks launch site.
------------------------------------------------------------------------
7.11 Bristol 4th of July        Event Type: Fireworks Display.
 Fireworks.
                                Date: One night between July 1st
                                and July 10th, as announced in the Local
                                Notice to Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: In the vicinity of
                                Northern portion of the Bristol Harbor,
                                Bristol, RI, on the section of
                                Poppasquash Rd separating the harbor and
                                Mill Pond.
                                Position: Within 500 yards of
                                41[deg]40'53.4'' N, 071[deg]17'00'' W
                                (NAD 83).
                                Safety Zone Dimension:
                                Approximately 300 yard radius circle
                                around the fireworks launch site.
------------------------------------------------------------------------
7.12 Swim Buzzards Bay.......   Event Type: Swim Event.
                                Date: One Saturday or Sunday in
                                July or August, as announced in the
                                Local Notice to Mariners.
                                Time: Start times will vary from
                                6 a.m. to 11:59 a.m., and last
                                approximately two hours until the last
                                swimmer is ashore. Start time will be
                                announced in advance in the Local Notice
                                to Mariners.
                                Location: The regulated area
                                includes all waters in the vicinity of
                                the Outer New Bedford Harbor, within 500
                                yards along a centerline with an
                                approximate start point of
                                41[deg]36'35'' N, 070[deg]54'18'' W (NAD
                                83) and an approximate end point of
                                41[deg]37'26'' N, 070[deg]53'48 ''W (NAD
                                83) at Davy's Locker Restaurant in New
                                Bedford, MA, to Fort Phoenix Beach in
                                Fairhaven, MA.
                                Safety Zone Dimension: 500 yards
                                on either side of the centerline
                                described above.
------------------------------------------------------------------------
7.13 Save the Bay Swim.......   Event Type: Swim Event.
                                Date: One Saturday or Sunday in
                                July or August, as announced in the
                                Local Notice to Mariners.
                                Time: Start time will vary from
                                6 a.m. to 11:59 a.m. and last for
                                approximately four hours, until the last
                                swimmer is ashore. Start time will be
                                announced in advance in the Local Notice
                                to Mariners.
                                Location: The regulated area
                                includes all waters in the vicinity of
                                the Newport/Pell Bridge, East Passage of
                                Narragansett Bay, along a centerline
                                with an approximate start point of
                                41[deg]30'24''N, 071[deg]19'49'' W (NAD
                                83) and an approximate end point of
                                41[deg]30'39'' N, 071[deg]21'50'' W (NAD
                                83), i.e., a line drawn from the
                                Officers' Club, Coaster's Harbor Island,
                                Naval Station Newport, to Potter Cove,
                                Jamestown.
                                Safety Zone Dimension: 500 yards
                                on either side of the centerline
                                described above.
------------------------------------------------------------------------
8.0                                              AUGUST
------------------------------------------------------------------------
8.1 Boston Pops Nantucket....   Event Type: Fireworks Display.
                                Date: One night in August as
                                announced in the Local Notice to
                                Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: On the shore, in the
                                vicinity of Jetties Beach, Nantucket,
                                MA.
                                Position: Within 500 yards of
                                41[deg]17'43'' N, 070[deg]06'10'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 400 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
8.2 Oak Bluffs Fireworks.....   Event Type: Fireworks Display.
                                Date: One night in August.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Oak Bluffs Harbor, Oak
                                Bluffs, MA.
                                Position: Within 500 yards of
                                41[deg]27'27'' N, 070[deg]33'17'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 350 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
8.3 Newport Salute to Summer    Event Type: Fireworks Display.
 Fireworks.
                                Date: One night during the last
                                two weekends in August or 1st weekend in
                                September.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: From a barge in the
                                vicinity of Naval Station Newport,
                                Newport, RI.
                                Position: Within 500 yards of
                                41[deg]30'15'' N, 071[deg]19'50'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 400 yard radius circle
                                around the fireworks barge.
------------------------------------------------------------------------
9.0                                            SEPTEMBER
------------------------------------------------------------------------
9.1 Provincetown Harbor Swim    Event Type: Swim Event.
 for Life.
                                Date: On a day in September as
                                announced in the Local Notice to
                                Mariners.
                                Time: Times will vary from 10
                                a.m. until the last swimmer is ashore,
                                no later than 2 p.m.
                                Location: The regulated area
                                includes all waters in the vicinity of
                                the Provincetown Harbor along a
                                centerline between the start point, the
                                Long Point Lighthouse. approximate
                                position 42[deg]01'59'' N,
                                070[deg]10'07'' W (NAD 83), and the end
                                point, the Boatslip Resort,
                                Provincetown, MA., approximate position
                                42[deg]02'48'' N, 070[deg]11'24'' W (NAD
                                83).
                                Safety Zone Dimension: 250 yards
                                on either side of the centerline
                                described above.
------------------------------------------------------------------------
9.2 Spirit of Somerset          Event Type: Fireworks Display.
 Celebration.

[[Page 5470]]

 
                                Date: One night in September, as
                                announced in the Local Notice to
                                Mariners.
                                Time: Approximately 8 p.m. to
                                11:59 p.m.
                                Location: On the shore, in the
                                vicinity of Mallard Point, Somerset, MA.
                                Position: Within 500 yards of
                                41[deg]46'18'' N, 071[deg]07'14'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 200 yard radius circle
                                around the fireworks launch site.
------------------------------------------------------------------------
10.0                                            OCTOBER
------------------------------------------------------------------------
10.1 Yarmouth Seaside           Event Type: Fireworks Display.
 Festival Fireworks.
                                Date: One night in October, as
                                announced in the Local Notice to
                                Mariners.
                                Time: Approximately 7 p.m. to
                                11:59 p.m.
                                Location: On the shore, in the
                                vicinity of Seagull Beach, West
                                Yarmouth, MA.
                                Position: Within 500 yards of
                                41[deg]38'06'' N, 070[deg]13'13'' W (NAD
                                83).
                                Safety Zone Dimension:
                                Approximately 300 yard radius circle
                                around the fireworks launch site.
------------------------------------------------------------------------


    Dated: January 3, 2012.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2012-2391 Filed 2-2-12; 8:45 am]
BILLING CODE 9110-04-P