Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23601 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR part 100 applicable to 

organized marine events on the 

navigable waters of the United States 

that could negatively impact the safety 

of waterway users and shore side 

activities in the event area. The category 

of water activities includes but is not 

limited to sail boat regattas, boat 

parades, power boat racing, swimming 

events, crew racing, canoe and sail 

board racing. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard temporarily 

amends 33 CFR part 100 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. 

■ 2. Add temporary § 100.35T05–1176 

to read as follows: 

§ 100.35T05–1176 Special Local 

Regulations for Marine Events; Potomac 

River, Charles County, MD. 

(a) Regulated area. The following 

location is a regulated area: All waters 

of the Potomac River, within lines 

connecting the following positions: 

From latitude 38°22′05′′ N, longitude 

076°59′03′′ W, thence to latitude 

38°21′50′′ N, longitude 077°00′54′′ W, 

and from latitude 38°21′29′′ N, longitude 

077°00′54′′ W to latitude 38°21′45′′ N, 

longitude 076°58′59′′ W. All coordinates 

reference Datum NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations. (1) The 

Coast Guard Patrol Commander may 

forbid and control the movement of all 

vessels and persons in the regulated 

area. When hailed or signaled by an 

official patrol vessel, a vessel or person 

in the regulated area 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) All Coast Guard vessels enforcing 

this regulated area can be contacted at 

telephone number 410–576–2693 or on 

marine band radio VHF–FM channel 16 

(156.8 MHz). 

(3) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement period. This section 

will be enforced from 10 a.m. to 

2:30 p.m. on June 2, 2012. 

Dated: March 30, 2012. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2012–9518 Filed 4–19–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket No. USCG–2011–1023] 

RIN 1625–AA08; AA00 

Special Local Regulations and Safety 

Zones; Recurring Events in Northern 

New England 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is updating 

special local regulations and permanent 

safety zones in the Coast Guard Captain 

of the Port (COTP) Northern New 

England Zone for annual recurring 

marine events. When these special local 

regulations or safety zones are activated, 

and subject to enforcement, this rule 

will restrict vessels from portions of 

water areas during these annual 

recurring events. The revised special 

local regulations and safety zones will 

expedite public notification of events, 

and ensure the protection of the 

maritime public and event participants 

from the hazards associated with these 

annual recurring events. 

DATES: This rule is effective May 21, 

2012. 

This rule will be enforced during 

dates and times specified in the Tables 

to §§ 100.120 and 165.171. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–1023 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–1023 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Terence 

Leahy, Waterways Management 

Division at Coast Guard Sector Northern 

New England, telephone 207–767–0398, 

email Terence.O.Leahy@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On Tuesday, December 27, 2011, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) entitled 

‘‘Special Local Regulations and Safety 

Zones; Recurring Events in Northern 

New England’’ in the Federal Register 

(Vol. 76 No. 248). We received no 

comments or requests for a public 

meeting on the proposed rule. 

Basis and Purpose 

The legal basis for this rule is the Port 

and Waterways Safety Act, 33 U.S.C. 

1226 and 1231, 33 U.S.C. 1233; 46 

U.S.C. Chapter 701, 3306, 3703; 50 

U.S.C. 191, 195; 33 CFR 1.05–1, and 

160.5; Public Law 107–295, 116 Stat. 


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23602 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

2064; and Department of Homeland 

Security Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define regulatory safety zones and 

special local regulations. 

Swim events, fireworks displays, and 

marine events are held on an annual 

recurring basis on the navigable waters 

within the Coast Guard COTP Northern 

New England Zone. In the past, the 

Coast Guard has established special 

local regulations, regulated areas and 

safety zones for these annual recurring 

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. The Coast 

Guard has not received public 

comments or concerns regarding the 

impact to waterway traffic from these 

annually recurring events. 

This rule consistently apprises the 

public in a timely manner through 

permanent publication in Title 33 of the 

Code of Federal Regulations. The Tables 

in this regulation list each annual 

recurring event requiring a regulated 

area as administered by the Coast 

Guard. 

By establishing a permanent 

regulation containing these events, the 

Coast Guard eliminates the need to 

establish temporary rules for events that 

occur on an annual basis thereby, 

limiting the costs associated with 

cumulative regulations. 

This rulemaking will remove, add, 

and consolidate regulations that better 

meet the Coast Guard’s intended 

purpose of ensuring safety during these 

events. 

Background 

The Coast Guard is amending 33 CFR 

100.120 (Special Local Regulations) and 

33 CFR 165.171 (Safety Zones). 

The rule applies to the annual 

recurring events listed in the attached 

Tables in the Coast Guard COTP 

Northern New England Zone. The 

Tables provide the event name, sponsor, 

and type, as well as approximate dates 

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. 

The particular size of the safety zones 

established for each event will be 

reevaluated on an annual basis in 

accordance with Navigational and 

Vessel Inspection Circular (NVIC) 07– 

02, Marine Safety at Firework Displays, 

the National Fire Protection Association 

Standard 1123, Code for Fireworks 

Displays (100-foot distance per inch of 

diameter of the fireworks mortars), and 

other pertinent regulations and 

publications. 

This regulation prevents vessels from 

transiting areas specifically designated 

as special local regulations or safety 

zones during the periods of enforcement 

to ensure the protection of the maritime 

public and event participants from the 

hazards associated with the listed 

annual recurring events. Only event 

sponsors, designated participants, and 

official patrol vessels are allowed to 

enter regulated areas. Spectators and 

other vessels not registered as event 

participants may not enter the regulated 

areas without the permission of the 

COTP or the designated representative. 

Discussion of Comments 

The Coast Guard did not receive any 

comments in response to the NPRM 

published in the Federal Register (Vol. 

76, No. 248) on Tuesday, December 27, 

2011. The Coast Guard made changes to 

the regulatory text in the final rule with 

regards to the date section for each 

event. This change was made so as not 

to give the impression that the Coast 

Guard is requiring mariners to check a 

Local Notice of Mariners for the date of 

each event. The Coast Guard will now 

publish a Notice of Enforcement of the 

event date in the Federal Register to 

inform the public of the exact date. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

We expect the economic impact of 

this rule to be minimal. Although this 

regulation may have some impact on the 

public, the potential impact will be 

minimized for the following reasons: 

The Coast Guard has previously 

promulgated safety zones or special 

local regulations in accordance with 33 

CFR Parts 100 and 165 for 

approximately 85% of the event areas 

contained within this regulation 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 cost of 

cumulative regulations. 

Vessels will only be restricted from 

safety zones and special local regulation 

areas for a short duration of time. 

Vessels may transit in portions of the 

affected waterway except for those areas 

covered by the regulated areas. 

Notifications will also be made to the 

local maritime community through the 

Local Notice to Mariners and Broadcast 

Notice to Mariners well in advance of 

the events. If the event does not have a 

date listed, then 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 

The Regulatory Flexibility Act of 1980 

(RFA), 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 will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will 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 rule will 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 and special 

local regulation areas for a short 

duration of time; vessels may transit in 

portions of the affected waterway except 

for those areas covered by the regulated 

areas; the Coast Guard has promulgated 

safety zones or special local regulations 

in accordance with 33 CFR Parts 100 

and 165 for approximately 85% of the 

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 and Broadcast Notice 


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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23603 

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 will 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 rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

affects 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 rule or 

any policy or action of the Coast Guard. 

Collection of Information 

This rule calls 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 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 

determined that this rule does not have 

implications for federalism. 

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. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This 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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraphs 

(34)(g) and (34)(h) of the Instruction 

since it involves establishment of safety 

zones for marine related fireworks 

events and special local regulations for 

regattas, respectively. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

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, and 

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 

■ 1. The authority citation for Part 100 

reads as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Revise § 100.120 to read as follows: 

§ 100.120 Special Local Regulations; 

Marine Events Held in the Coast Guard 

Sector Northern New England Captain of 

the Port Zone. 

The following regulations apply to the 

marine events listed in the Table to 

§ 100.120. These regulations will be 

enforced for the duration of each event, 

on the dates indicated. Mariners should 

consult their Local Notice to Mariners to 

remain apprised of the specific calendar 

date upon which the listed event falls 

for each calendar year and other specific 

information concerning the event. First 

Coast Guard District Local Notice to 

Mariners can be found at: http:// 

www.navcen.uscg.gov/. The Sector 

Northern New England Marine Events 

schedule can also be viewed 

electronically at 

www.homeport.uscg.mil. 

Note to introductory text of § 100.20: 

Although listed in the Code of Federal 


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23604 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

Regulations, sponsors of events listed in 

the Table to § 100.120 are still required 

to submit marine event applications in 

accordance with 33 CFR 100.15. 

(a) The Coast Guard may patrol each 

event area under the direction of a 

designated Coast Guard Patrol 

Commander. The Patrol Commander 

may be contacted on Channel 16 VHF– 

FM (156.8 MHz) by the call sign 

‘‘PATCOM.’’ Official patrol vessels may 

consist of any Coast Guard, Coast Guard 

Auxiliary, state, or local law 

enforcement vessels assigned or 

approved by the Captain of the Port, 

Sector Northern New England. 

(b) Vessels may not transit the 

regulated areas without the Patrol 

Commander approval. Vessels permitted 

to transit must operate at a no wake 

speed, in a manner which will not 

endanger participants or other crafts in 

the event. 

(c) Spectators or other vessels shall 

not anchor, block, loiter, or impede the 

transit of event participants or official 

patrol vessels in the regulated areas 

during the effective dates and times, 

unless authorized by an official patrol 

vessel. 

(d) The Patrol Commander may 

control the movement of all vessels in 

the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the lawful directions 

issued. Failure to comply with a lawful 

direction may result in expulsion from 

the area, citation for failure to comply, 

or both. 

(e) The Patrol Commander may delay 

or terminate any marine event in this 

subpart at any time it is deemed 

necessary to ensure the safety of life or 

property. 

(f) For all power boat races listed, 

vessels operating within the regulated 

area must be at anchor within a 

designated spectator area or moored to 

a waterfront facility in a way that will 

not interfere with the progress of the 

event. 

(g) For all regattas and boat parades 

listed, spectator vessels operating 

within the regulated area shall maintain 

a separation of at least 50 yards from the 

participants. 

(h) For all rowing and paddling boat 

races listed, vessels not associated with 

the event shall maintain a separation of 

at least 50 yards from the participants. 

(i) The specific calendar date upon 

which the listed event falls will be 

published in the Federal Register. 

TABLE TO § 100.120 

5.0 MAY 

5.1 Champlain Bridge Celebration Flotilla Parade ................................ • Event Type: Regatta and Boat Parade. 

• Sponsor: Lake Champlain Maritime Museum. 

• Date: A two day event on Saturday and Sunday during the third 

weekend in May. The specific calendar dates will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 12 p.m. to 2 p.m. each day. 

• Location: The regulated area includes all waters of Lake Champlain 

in the vicinity of the new bridge between Crown Point, New York and 

Chimney Point, Vermont within the following points (NAD 83): 

44°02′29′′ N, 073°26′26′′ W. 

44°02′38′′ N, 073°25′58′′ W. 

44°01′18′′ N, 073°24′08′′ W. 

44°01′04′′ N, 073°24′31′′ W. 

5.2 Tall Ships Visiting Portsmouth ......................................................... • Event Type: Regatta and Boat Parade. 

• Sponsor: Portsmouth Maritime Commission, Inc. 

• Date: A four day event from Friday through Monday during the last 

weekend in May. The specific calendar dates will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 9 a.m. to 8 p.m. each day. 

• Location: The regulated area includes all waters of Portsmouth Harbor, New Hampshire in the vicinity of Castle Island within the following points (NAD 83): 

43°03′11′′ N, 070°42′26′′ W. 

43°03′18′′ N, 070°41′51′′ W. 

43°04′42′′ N, 070°42′11′′ W. 

43°04′28′′ N, 070°44′12′′ W. 

43°05′36′′ N, 070°45′56′′ W. 

43°05′29′′ N, 070°46′09′′ W. 

43°04′19′′ N, 070°44′16′′ W. 

43°04′22′′ N, 070°42′33′′ W. 

6.0 JUNE 

6.1 Bar Harbor Blessing of the Fleet ..................................................... • Event Type: Regatta and Boat Parade. 

• Sponsor: Town of Bar Harbor, Maine. 

• Date: A one day event on Sunday during the first weekend of June. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 12 p.m. to 1 p.m. 

• Location: The regulated area includes all waters of Bar Harbor, 

Maine within the following points (NAD 83): 

44°23′32′′ N, 068°12′19′′ W. 

44°23′30′′ N, 068°12′00′′ W. 

44°23′37′′ N, 068°12′00′′ W. 

44°23′35′′ N, 068°12′19′′ W. 


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TABLE TO § 100.120—Continued 

6.2 Charlie Begin Memorial Lobster Boat Races .................................. • Event Type: Power Boat Race. 

• Sponsor: Boothbay Harbor Lobster Boat Race Committee. 

• Date: A one day event on Saturday during the third weekend of 

June. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 10 a.m. to 3 p.m. 

• Location: The regulated area includes all waters of Boothbay Harbor, 

Maine in the vicinity of within John’s Island the following points (NAD 

83): 

43°50′04′′ N, 069°38′37′′ W. 

43°50′54′′ N, 069°38′06′′ W. 

43°50′49′′ N, 069°37′50′′ W. 

43°50′00′′ N, 069°38′20′′ W. 

6.3 Rockland Harbor Lobster Boat Races ............................................. • Event Type: Power Boat Race. 

• Sponsor: Rockland Harbor Lobster Boat Race Committee. 

• Date: A one day event on Sunday during the third weekend of June. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 9 a.m. to 5 p.m. 

• Location: The regulated area includes all waters of Rockland Harbor, 

Maine in the vicinity of the Rockland Breakwater Light within the following points (NAD 83): 

44°05′59′′ N, 069°04′53′′ W. 

44°06′43′′ N, 069°05′25′′ W. 

44°06′50′′ N, 069°05′05′′ W. 

44°06′05′′ N, 069°04′34′′ W. 

6.4 Windjammer Days Parade of Ships ................................................ • Event Type: Tall Ship Parade. 

• Sponsor: Boothbay Region Chamber of Commerce. 

• Date: A one day event on Wednesday during the last week of June. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 12 p.m. to 5 p.m. 

• Location: The regulated area includes all waters of Boothbay Harbor, 

Maine in the vicinity of Tumbler’s Island within the following points 

(NAD 83): 

43°51′02′′ N, 069°37′33′′ W. 

43°50′47′′ N, 069°37′31′′ W. 

43°50′23′′ N, 069°37′57′′ W. 

43°50′01′′ N, 069°37′45′′ W. 

43°50′01′′ N, 069°38′31′′ W. 

43°50′25′′ N, 069°38′25′′ W. 

43°50′49′′ N, 069°37′45′′ W. 

7.0 JULY 

7.1 Moosabec Lobster Boat Races ....................................................... • Event Type: Power Boat Race. 

• Sponsor: Moosabec Boat Race Committee. 

• Date: A one day event held on July 4th. The specific calendar date 

will be published in the Federal Register via a Notice of Enforcement. 

• Time: 10 a.m. to 12:30 p.m. 

• Location: The regulated area includes all waters of Jonesport, Maine 

within the following points (NAD 83): 

44°31′21′′ N, 067°36′44′′ W. 

44°31′36′′ N, 067°36′47′′ W. 

44°31′44′′ N, 067°35′36′′ W. 

44°31′29′′ N, 067°35′33′′ W. 

7.2 The Great Race ............................................................................... • Event Type: Rowing and Paddling Boat Race. 

• Sponsor: Franklin County Chamber of Commerce. 

• Date: A one day event on Sunday during the first week of September. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 10 a.m. to 12:30 p.m. 

• Location: The regulated area includes all waters of Lake Champlain 

in the vicinity of Saint Albans Bay within the following points (NAD 

83): 

44°47′18′′ N, 073°10′27′′ W. 

44°47′10′′ N, 073°08′51′′ W. 

7.3 Searsport Lobster Boat Races ........................................................ • Event Type: Power Boat Race. 

• Sponsor: Searsport Lobster Boat Race Committee. 


tkelley on DSK3SPTVN1PROD with RULES
23606 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

TABLE TO § 100.120—Continued 

• Date: A one day event on Saturday during the second week of July. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 9 a.m. to 4 p.m. 

• Location: The regulated area includes all waters of Searsport Harbor, Maine within the following points (NAD 83): 

44°26′50′′ N, 068°55′20′′ W. 

44°27′04′′ N, 068°55′26′′ W. 

44°27′12′′ N, 068°54′35′′ W. 

44°26′59′′ N, 068°54′29′′ W. 

7.4 Stonington Lobster Boat Races ....................................................... • Event Type: Power Boat Race. 

• Sponsor: Stonington Lobster Boat Race Committee. 

• Date: A one day event on Saturday during the second week of July. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 8 a.m. to 3:30 p.m. 

• Location: The regulated area includes all waters of Stonington, 

Maine within the following points (NAD 83): 

44°08′55′′ N, 068°40′12′′ W. 

44°09′00′′ N, 068°40′15′′ W. 

44°09′11′′ N, 068°39′42′′ W. 

44°09′07′′ N, 068°39′39′′ W. 

7.5 Mayor’s Cup Regatta ....................................................................... • Event Type: Sailboat Parade. 

• Sponsor: Plattsburgh Sunrise Rotary 

• Date: A one day event on Saturday during the second week of July. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 10 a.m. to 4 p.m. 

• Location: The regulated area includes all waters of Cumberland Bay 

on Lake Champlain in the vicinity of Plattsburgh, New York within the 

following points (NAD 83): 

44°39′26′′ N, 073°26′25′′ W. 

44°41′27′′ N, 073°23′12′′ W. 

7.6 The Challenge Race ........................................................................ • Event Type: Rowing and Paddling Boat Race. 

• Sponsor: Lake Champlain Maritime Museum 

• Date: A one day event on Saturday during the third week of July. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 11 a.m. to 3 p.m. 

• Location: The regulated area includes all waters of Lake Champlain 

in the vicinity of Button Bay State Park within the following points 

(NAD 83): 

44°12′25′′ N, 073°22′32′′ W. 

44°12′00′′ N, 073°21′42′′ W. 

44°12′19′′ N, 073°21′25′′ W. 

44°13′16′′ N, 073°21′36′′ W. 

7.7 Friendship Lobster Boat Races ....................................................... • Event Type: Power Boat Race. 

• Sponsor: Friendship Lobster Boat Race Committee. 

• Date: A one day event on Saturday during the last week of July. The 

specific calendar date will be published in the Federal Register via 

a Notice of Enforcement. 

• Time: 9:30 a.m. to 3 p.m. 

• Location: The regulated area includes all waters of Friendship Harbor, Maine within the following points (NAD 83): 

43°57′51′′ N, 069°20′46′′ W. 

43°58′14′′ N, 069°19′53′′ W. 

43°58′19′′ N, 069°20′01′′ W. 

43°58′00′′ N, 069°20′46′′ W. 

7.8 Arthur Martin Memorial Regatta ...................................................... • Event Type: Rowing and Paddling Boat Race. 

• Sponsor: I Row. 

• Date: A one day event on Saturday during the third week of July. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 9 a.m. to 1 p.m. 

• Location: The regulated area includes all waters of the Piscataqua 

River, in the vicinity of Kittery Point, Maine within the following points 

(NAD 83): 

43°03′51′′ N, 070°41′55′′ W. 

43°04′35′′ N, 070°42′18′′ W. 

43°04′42′′ N, 070°43′15′′ W. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23607 

TABLE TO § 100.120—Continued 

43°05′14′′ N, 070°43′12′′ W. 

43°05′14′′ N, 070°43′06′′ W. 

43°04′44′′ N, 070°43′11′′ W. 

43°04′35′′ N, 070°42′13′′ W. 

43°03′53′′ N, 070°41′40′′ W. 

7.9 Harpswell Lobster Boat Races ........................................................ • Event Type: Power Boat Race. 

• Sponsor: Harpswell Lobster Boat Race Committee. 

• Date: A one day event on Sunday during the last week of July. The 

specific calendar date will be published in the Federal Register via 

a Notice of Enforcement. 

• Time: 10 a.m. to 3 p.m. 

• Location: The regulated area includes all waters of Potts Harbor, 

Maine within the following points (NAD 83): 

43°46′50′′ N, 070°01′37′′ W. 

43°46′50′′ N, 070°01′18′′ W. 

43°46′28′′ N, 070°01′36′′ W. 

43°46′28′′ N, 070°01′19′′ W. 

8.0 AUGUST 

8.1 Eggemoggin Reach Regatta ............................................................ • Event Type: Wooden Boat Parade. 

• Sponsor: Rockport Marine, Inc. and Brookline Boat Yard. 

• Date: A one day event on Saturday during the first week of August. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 11 a.m. to 7 p.m. 

• Location: The regulated area includes all waters of Eggemoggin 

Reach and Jericho Bay in the vicinity of Naskeag Harbor, Maine 

within the following points (NAD 83): 

44°15′16′′ N, 068°36′26′′ W. 

44°12′41′′ N, 068°29′26′′ W. 

44°07′38′′ N, 068°31′30′′ W. 

44°12′54′′ N, 068°33′46′′ W. 

8.2 Southport Rowgatta Rowing and Paddling Boat Race ................... • Event Type: Rowing and Paddling Boat Race. 

• Sponsor: Boothbay Region YMCA. 

• Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 8 a.m. to 3 p.m. 

• Location: The regulated area includes all waters of Sheepscot Bay 

and Boothbay, on the shore side of Southport Island, Maine within 

the following points (NAD 83): 

43°50′26′′ N, 069°39′10′′ W. 

43°49′10′′ N, 069°38′35′′ W. 

43°46′53′′ N, 069°39′06′′ W. 

43°46′50′′ N, 069°39′32′′ W. 

43°49′07′′ N, 069°41′43′′ W. 

43°50′19′′ N, 069°41′14′′ W. 

43°51′11′′ N, 069°40′06′′ W. 

8.3 Winter Harbor Lobster Boat Races ................................................. • Event Type: Power Boat Race. 

• Sponsor: Winter Harbor Chamber of Commerce. 

• Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 9 a.m. to 3 p.m. 

• Location: The regulated area includes all waters of Winter Harbor, 

Maine within the following points (NAD 83): 

44°22′06′′ N, 068°05′13′′ W. 

44°23′06′′ N, 068°05′08′′ W. 

44°23′04′′ N, 068°04′37′′ W. 

44°22′05′′ N, 068°04′44′′ W. 

8.4 Lake Champlain Dragon Boat Festival ............................................ • Event Type: Rowing and Paddling Boat Race. 

• Sponsor: Dragonheart Vermont. 

• Date: A one day event on Sunday during the second week of August. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 7 a.m. to 5 p.m. 

• Location: The regulated area includes all waters of Burlington Bay 

within the following points (NAD 83): 

44°28′51′′ N, 073°13′28′′ W. 

44°28′40′′ N, 073°13′40′′ W. 


tkelley on DSK3SPTVN1PROD with RULES
23608 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

TABLE TO § 100.120—Continued 

44°28′37′′ N, 073°13′29′′ W. 

44°28′40′′ N, 073°13′17′′ W. 

8.5 Merritt Brackett Lobster Boat Races ............................................... • Event Type: Power Boat Race. 

• Sponsor: Town of Bristol, Maine. 

• Date: A one day event on Sunday during the second week of August. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcements. 

• Time: 10 a.m. to 3 p.m. 

• Location: The regulated area includes all waters of Pemaquid Harbor, Maine within the following points (NAD 83): 

43°52′16′′ N, 069°32′10′′ W. 

43°52′41′′ N, 069°31′43′′ W. 

43°52′35′′ N, 069°31′29′′ W. 

43°52′09′′ N, 069°31′56′′ W. 

8.6 Multiple Sclerosis Regatta ............................................................... • Event Type: Regatta and Sailboat Race. 

• Sponsor: Maine Chapter, Multiple Sclerosis Society. 

• Date: A one day event on Saturday during the third week of August. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 10 a.m. to 4 p.m. 

• Location: The regulated area for the start of the race includes all 

waters of Casco Bay, Maine in the vicinity of Peaks Island within the 

following points (NAD 83): 

43°40′24′′ N, 070°14′20′′ W. 

43°40′36′′ N, 070°13′56′′ W. 

43°39′58′′ N, 070°13′21′′ W. 

43°39′46′′ N, 070°13′51′′ W. 

8.7 Multiple Sclerosis Harborfest Tugboat Race ................................... • Event Type: Power Boat Race. 

• Sponsor: Maine Chapter, National Multiple Sclerosis Society. 

• Date: A one day event on Sunday during the third week of August. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 10 a.m. to 3 p.m. 

• Location: The regulated area includes all waters of Portland Harbor, 

Maine in the vicinity of Maine State Pier within the following points 

(NAD 83): 

43°40′25′′ N, 070°14′21′′ W. 

43°40′36′′ N, 070°13′56′′ W. 

43°39′58′′ N, 070°13′21′′ W. 

43°39′47′′ N, 070°13′51′′ W. 

9.0 SEPTEMBER 

9.1 Pirates Festival Lobster Boat Races ............................................... • Event Type: Power Boat Race. 

• Sponsor: Eastport Pirates Festival. 

• Date: A one day event on Sunday during the second weekend of 

September. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. 

• Time: 11 a.m. to 6 p.m. 

• Location: The regulated area includes all waters in the vicinity of 

Eastport Harbor, Maine within the following points (NAD 83): 

44°54′14′′ N, 066°58′52′′ W. 

44°54′14′′ N, 068°58′56′′ W. 

44°54′24′′ N, 066°58′52′′ W. 

44°54′24′′ N, 066°58′56′′ W. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 3. The authority citation for Part 165 

reads as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 33 CFR 1.05–1, and 

160.5; Pub. L. 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 4. Revise § 165.171 to read as follows: 

§ 165.171 Safety Zones for fireworks 

displays and swim events held in Coast 

Guard Sector Northern New England 

Captain of the Port Zone. 

The Coast Guard is establishing safety 

zones for the fireworks displays listed in 

the Table to § 165.171. These 

regulations will be enforced for the 

duration of each event, on or about the 

dates indicated in the Table to 

§ 165.171. Mariners should consult their 

Local Notice to Mariners to remain 

apprised of the specific calendar date 

upon which the listed event falls for 

each calendar year and other specific 

information concerning the event. First 

Coast Guard District Local Notice to 

Mariners can be found at: http:// 

www.navcen.uscg.gov/. The Sector 

Northern New England Marine Events 

schedule can also be viewed 

electronically at 

www.homeport.uscg.mil. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23609 

Note to introductory text of § 165.171: 

Although listed in the Code of Federal 

Regulations, sponsors of events listed in 

the Table to § 165.171 shall submit an 

application each year in accordance 

with 33 CFR 100.15. 

(a) The Coast Guard may patrol each 

event area under the direction of a 

designated Coast Guard Patrol 

Commander. The Patrol Commander 

may be contacted on Channel 16 VHF– 

FM (156.8 MHz) by the call sign 

‘‘PATCOM.’’ The ‘‘official patrol 

vessels’’ may consist of any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the Captain of the Port, 

Sector Northern New England. 

(b) Vessels may not transit the 

regulated areas without Patrol 

Commander approval. Vessels permitted 

to transit must operate at a no wake 

speed, in a manner which will not 

endanger participants or other crafts in 

the event. 

(c) Spectators or other vessels shall 

not anchor, block, loiter, or impede the 

movement of event participants or 

official patrol vessels in the regulated 

areas during the effective dates and 

times, or dates and times as modified 

through the Local Notice to Mariners, 

unless authorized by an official patrol 

vessel. 

(d) The Patrol Commander may 

control the movement of all vessels in 

the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the lawful directions 

issued. Failure to comply with a lawful 

direction may result in expulsion from 

the area, citation for failure to comply, 

or both. 

(e) The Patrol Commander may delay 

or terminate any event in this subpart at 

any time to assure safety. Such action 

may be justified as a result of weather, 

traffic density, spectator operation or 

participant behavior. 

(f) For all swim events listed, vessels 

not associated with the event shall 

maintain a separation zone of 200 feet 

from participating swimmers. 

(g) For all fireworks displays listed 

below, the regulated area is that area of 

navigable waters within a 350 yard 

radius of the launch platform or launch 

site for each fireworks display. 

(h) The specific calendar date upon 

which the listed event falls will be 

published in the Federal Register. 

TABLE TO § 165.171 

5.0 ............................................................................................................. MAY 

5.1 Hawgs, Pies, & Fireworks ................................................................ • Event Type: Fireworks Display. 

• Sponsor: Gardiner Maine Street. 

• Date: One night event on Saturday during the last week of May. The 

specific calendar date will be published in the Federal Register via 

a Notice of Enforcement. 

• Time: 8 p.m. to 10 p.m. 

• Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine 

in approximate position: 

44°13′52′′ N, 069°46′08′′ W (NAD 83). 

6.0 JUNE 

6.1 Rotary Waterfront Days Fireworks .................................................. • Event Type: Fireworks Display. 

• Sponsor: Gardiner Rotary. 

• Date: Two night event on Wednesday and Saturday during the third 

week of June. The specific calendar dates will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10 p.m. 

• Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine 

in approximate position: 

44°13′52′′ N, 069°46′08′′ W (NAD 83). 

6.2 Windjammer Days Fireworks ........................................................... • Event Type: Fireworks Display. 

• Sponsor: Boothbay Harbor Region Chamber of Commerce. 

• Date: One night event on Wednesday during the last week of June. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 8 p.m. to 10:30 p.m. 

• Location: In the vicinity of McFarland Island, Boothbay Harbor, 

Maine in approximate position: 

43°50′38′′ N, 069°37′57′′ W (NAD 83). 

7.0 JULY 

7.1 Vinalhaven 4th of July Fireworks ..................................................... • Event Type: Firework Display. 

• Sponsor: Vinalhaven 4th of July Committee. 

• Date: First Saturday in July. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10:30 p.m. 

• Location: In the vicinity of Grime’s Park, Vinalhaven, Maine in approximate position: 

44°02′34′′ N, 068°50′26′′ W (NAD 83). 

7.2 Burlington Independence Day Fireworks ......................................... • Event Type: Firework Display. 

• Sponsor: City of Burlington, Vermont. 

• Date: July 3rd. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 9 p.m. to 11 p.m. 


tkelley on DSK3SPTVN1PROD with RULES
23610 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

TABLE TO § 165.171—Continued 

• Location: From a barge in the vicinity of Burlington Harbor, Burlington, Vermont in approximate position: 

44°28′31′′ N, 073°13′31′′ W (NAD 83). 

7.3 Camden 3rd of July Fireworks ......................................................... • Event Type: Fireworks Display. 

• Sponsor: Camden, Rockport, Lincolnville Chamber of Commerce. 

• Date: July 3rd. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10 p.m. 

• Location: In the vicinity of Camden Harbor, Maine in approximate position: 

44°12′32′′ N, 069°02′58′′ W (NAD 83). 

7.4 Bangor 4th of July Fireworks ........................................................... • Event Type: Fireworks Display. 

• Sponsor: Bangor 4th of July Fireworks. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10:30 p.m. 

• Location: In the vicinity of the Bangor Waterfront, Bangor, Maine in 

approximate position: 

44°47′27′′ N, 068°46′31′′ W (NAD 83). 

7.5 Bar Harbor 4th of July Fireworks ..................................................... • Event Type: Fireworks Display. 

• Sponsor: Bar Harbor Chamber of Commerce. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10:30 p.m. 

• Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine 

in approximate position: 

44°23′31′′ N, 068°12′15′′ W (NAD 83). 

7.6 Boothbay Harbor 4th of July Fireworks ........................................... • Event Type: Fireworks Display. 

• Sponsor: Town of Boothbay Harbor. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement.1 Local Notice to 

Mariners. 

• Time: 8 p.m. to 10:30 p.m. 

• Location: In the vicinity of McFarland Island, Boothbay Harbor, 

Maine in approximate position: 

43°50′38′′ N, 069°37′57′′ W (NAD 83). 

7.7 Colchester 4th of July Fireworks ..................................................... • Event Type: Fireworks Display. 

• Sponsor: Town of Colchester, Recreation Department. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10 p.m. 

• Location: In the vicinity of Bayside Beach and Mallets Bay in 

Colchester, Vermont at approximate position: 

44°32′44′′ N, 073°13′10′′ W (NAD 83). 

7.8 Eastport 4th of July Fireworks ......................................................... • Event Type: Fireworks Display. 

• Sponsor: Eastport 4th of July Committee. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 9 p.m. to 9:30 p.m. 

• Location: From the Waterfront Public Pier in Eastport, Maine at approximate position: 

44°54′25′′ N, 066°58′55′′ W (NAD 83). 

7.9 Ellis Short Sand Park Trustee Fireworks ........................................ • Event Type: Fireworks Display. 

• Sponsor: William Burnham. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8:30 p.m. to 11 p.m. 

• Location: In the vicinity of York Beach, Maine in approximate position: 

43°10′27′′ N, 070°48′31′′ W (NAD 83). 

7.10 Hampton Beach 4th of July Fireworks .......................................... • Event Type: Fireworks Display. 

• Sponsor: Hampton Beach Village District. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8:30 p.m. to 11 p.m. 

• Location: In the vicinity of Hampton Beach, New Hampshire in approximate position: 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23611 

TABLE TO § 165.171—Continued 

42°54′40′′ N, 070°36′25′′ W (NAD 83). 

7.11 Jonesport 4th of July Fireworks ..................................................... • Event Type: Fireworks Display. 

• Sponsor: Jonesport 4th of July Committee. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 9:30 p.m. to 10 p.m. 

• Location: In the vicinity of Beals Island, Jonesport, Maine in approximate position: 

44°31′18′′ N, 067°36′43′′ W (NAD 83) 

7.12 Main Street Heritage Days 4th of July Fireworks .......................... • Event Type: Fireworks Display. 

• Sponsor: Main Street Inc. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10:30 p.m. 

• Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, 

Maine in approximate position: 

43°54′56′′ N, 069°48′16′′ W (NAD 83). 

7.13 Portland Harbor 4th of July Fireworks ........................................... • Event Type: Fireworks Display. 

• Sponsor: Department of Parks and Recreation, Portland, Maine. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8:30 p.m. to 10:30 p.m. 

• Location: In the vicinity of East End Beach, Portland, Maine in approximate position: 

43°40′16′′ N, 070°14′44′′ W (NAD 83). 

7.14 St. Albans Day Fireworks .............................................................. • Event Type: Fireworks Display. 

• Sponsor: St. Albans Area Chamber of Commerce. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 9 p.m. to 10 p.m. 

• Location: From the St. Albans Bay dock in St. Albans Bay, Vermont 

in the approximate position: 

44°48′25′′ N, 073°08′23′′ W (NAD 83). 

7.15 Stonington 4th of July Fireworks ................................................... • Event Type: Fireworks Display. 

• Sponsor: Deer Isle—Stonington Chamber of Commerce. 

• Date: July 4th. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10:30 p.m. 

• Location: In the vicinity of Two Bush Island, Stonington, Maine in approximate position: 

44°08′57′′ N, 068°39′54′′ W (NAD 83). 

7.16 Urban/EPIC Triathlon ..................................................................... • Event Type: Swim Event. 

• Sponsor: Tri-Maine Productions. 

• Date: A one day event on Saturday during the second week of July. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 7 a.m. to 11 a.m. 

• Location: The regulated area includes all waters of Portland Harbor 

in the vicinity of East End Beach in Portland, Maine within the following points (NAD 83): 

43°40′00′′ N, 070°14′20′′ W. 

43°40′00′′ N, 070°14′00′′ W. 

43°40′15′′ N, 070°14′29′′ W. 

43°40′17′′ N, 070°13′22′′ W. 

7.17 Tri for a Cure Swim Clinics ............................................................ • Event Type: Swim Event. 

• Sponsor: Maine Cancer Foundation. 

• Date: A two day event held on third Sunday and Thursday in July. 

The specific calendar dates will be published in the Federal Register via a Notice of Enforcement. 

• Time: 12:30 p.m. to 7:30 p.m. 

• Location: The regulated area includes all waters of Portland Harbor, 

Maine in the vicinity of Spring Point Light within the following points 

(NAD 83): 

43°39′01′′ N, 070°13′32′′ W. 

43°39′07′′ N, 070°13′29′′ W. 

43°39′06′′ N, 070°13′41′′ W. 

43°39′01′′ N, 070°13′36′′ W. 


tkelley on DSK3SPTVN1PROD with RULES
23612 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

TABLE TO § 165.171—Continued 

7.18 Richmond Days Fireworks ............................................................. • Event Type: Fireworks Display. 

• Sponsor: Town of Richmond, Maine. 

• Date: A one day event on Saturday during the fourth weekend of 

July. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10 p.m. 

• Location: From a barge in the vicinity of the inner harbor, Tenants 

Harbor, Maine in approximate position: 

44°08′42′′ N, 068°27′06′′ W (NAD 83). 

7.19 Colchester Triathlon ....................................................................... • Event Type: Swim Event. 

• Sponsor: Colchester Parks and Recreation Department. 

• Date: A one day event on Wednesday during the last week of July. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 7 a.m. to 11 a.m. 

• Location: The regulated area includes all waters of Malletts Bay on 

Lake Champlain, Vermont within the following points (NAD 83): 

44°32′18′′ N, 073°12′35′′ W. 

44°32′28′′ N, 073°12′56′′ W. 

44°32′57′′ N, 073°12′38′′ W. 

7.20 Peaks to Portland Swim ................................................................ • Event Type: Swim Event. 

• Sponsor: Cumberland County YMCA. 

• Date: A one day event on Saturday during the last week of July. The 

specific calendar date will be published in the Federal Register via 

a Notice of Enforcement. 

• Time: 5 a.m. to 1 p.m. 

• Location: The regulated area includes all waters of Portland Harbor 

between Peaks Island and East End Beach in Portland, Maine within 

the following points (NAD 83): 

43°39′20′′ N, 070°11′58′′ W. 

43°39′45′′ N, 070°13′19′′ W. 

43°40′11′′ N, 070°14′13′′ W. 

43°40′08′′ N, 070°14′29′′ W. 

43°40′00′′ N, 070°14′23′′ W. 

43°39′34′′ N, 070°13′31′′ W. 

43°39′13′′ N, 070°11′59′′ W. 

7.21 Friendship Days Fireworks ............................................................ • Event Type: Fireworks Display. 

• Sponsor: Town of Friendship. 

• Date: A one day event on Saturday during the last weekend of July. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 8 p.m. to 10:30 p.m. 

• Location: In the vicinity of the Town Pier, Friendship Harbor, Maine 

in approximate position: 

43°58′23′′ N, 069°20′12′′ W (NAD 83). 

7.22 Champ Chum Swim ....................................................................... • Event Type: Swim Event. 

• Sponsor: Against Malaria Foundation. 

• Date: A one day event on Saturday during the last week of July. The 

specific calendar date will be published in the Federal Register via 

a Notice of Enforcement. 

• Time: 8 a.m. to 12 p.m. 

• Location: The regulated area includes all waters of Lake Champlain 

between Thompson’s Point, Vermont and Spilt Rock in Adirondack 

Park, New York within the following points (NAD 83): 

44°16′04′′ N, 073°18′19′′ W. 

44°16′08′′ N, 073°19′17′′ W. 

8.0 AUGUST 

8.1 Sprucewold Cabbage Island Swim .................................................. • Event Type: Swim Event. 

• Sponsor: Sprucewold Association. 

• Date: A one day event on Saturday during the first week of August. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 1 p.m. to 6 p.m. 

• Location: The regulated area includes all waters of Linekin Bay between Cabbage Island and Sprucewold Beach in Boothbay Harbor, 

Maine within the following points (NAD 83): 

43°50′37′′ N, 069°36′23′′ W. 

43°50′37′′ N, 069°36′59′′ W. 

43°50′16′′ N, 069°36′46′′ W. 


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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23613 

TABLE TO § 165.171—Continued 

43°50′22′′ N, 069°36′21′′ W. 

8.2 Westerlund’s Landing Party Fireworks ............................................ • Event Type: Fireworks Display. 

• Sponsor: Portside Marina. 

• Date: A one day event on Saturday during the first weekend of August. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10:30 p.m. 

• Location: In the vicinity of Westerlund’s Landing in South Gardiner, 

Maine in approximate position: 

44°10′19′′ N, 069°45′24′′ W (NAD 83). 

8.3 Y-Tri Triathlon .................................................................................. • Event Type: Swim Event. 

• Sponsor: Plattsburgh YMCA. 

• Date: A one day event on Saturday during the first week of August. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 9 a.m. to 10 a.m. 

• Location: The regulated area includes all waters of Treadwell Bay on 

Lake Champlain in the vicinity of Point Au Roche State Park, Plattsburgh, New York within the following points (NAD 83): 

44°46′30′′ N, 073°23′26′′ W. 

44°46′17′′ N, 073°23′26′′ W. 

44°46′17′′ N, 073°23′46′′ W. 

44°46′29′′ N, 073°23′46′′ W. 

8.4 Greater Burlington YMCA Lake Swim ............................................. • Event Type: Swim Event. 

• Sponsor: Greater Burlington YMCA. 

• Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 8 a.m. to 6 p.m. 

• Location: The regulated area includes all waters in Lake Champlain 

in the vicinity of North Hero Island within the following points (NAD 

83): 

44°46′55′′ N, 073°22′14′′ W. 

44°47′08′′ N, 073°19′05′′ W. 

44°46′48′′ N, 073°17′13′′ W. 

44°46′10′′ N, 073°16′39′′ W. 

44°41′08′′ N, 073°20′58′′ W. 

44°41′36′′ N, 073°23′01′′ W. 

8.5 York Beach Fire Department Fireworks .......................................... • Event Type: Fireworks Display. 

• Sponsor: York Beach Fire Department. 

• Date: A one day event on Sunday during the first week in August. 

The specific calendar date will be published in the Federal Register 

via a Notice of Enforcement. 

• Time: 8:30 p.m. to 11:30 p.m. 

• Location: In the vicinity of Short Sand Cove in York, Maine in approximate position: 

43°10′27′′ N, 070°36′25′′ W (NAD 83). 

8.6 Tri for a Cure Swim Clinics .............................................................. • Event Type: Swim Event. 

• Sponsor: Maine Cancer Foundation. 

• Date: A multi-day training event held during July. The specific calendar dates will be published in the Federal Register via a Notice of 

Enforcement. 

• Time: 8:30 a.m. to 11:30 a.m. 

• Location: The regulated area includes all waters of Portland Harbor, 

Maine in the vicinity of Spring Point Light within the following points 

(NAD 83): 

43°39′01′′ N, 070°13′32′′ W. 

43°39′07′′ N, 070°13′29′′ W. 

43°39′06′′ N, 070°13′41′′ W. 

43°39′01′′ N, 070°13′36′′ W. 

8.7 Tri for a Cure Triathlon .................................................................... • Event Type: Swim Event. 

• Sponsor: Maine Cancer Foundation. 

• Date: A one day event on Sunday during the second week in August. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 12:30 p.m. to 4:30 p.m. 

• Location: The regulated area includes all waters of Portland Harbor, 

Maine in the vicinity of Spring Point Light within the following points 

(NAD 83): 


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23614 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

TABLE TO § 165.171—Continued 

43°39′01′′ N, 070°13′32′′ W. 

43°39′07′′ N, 070°13′29′′ W. 

43°39′06′′ N, 070°13′41′′ W. 

43°39′01′′ N, 070°13′36′′ W. 

8.8 Rockland Breakwater Swim ............................................................. • Event Type: Swim Event. 

• Sponsor: Pen-Bay Masters. 

• Date: A one day event on Saturday during the fourth week of August. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 7:30 a.m. to 1:30 p.m. 

• Location: The regulated area includes all waters of Rockland Harbor, 

Maine in the vicinity of Jameson Point within the following points 

(NAD 83): 

44°06′16′′ N, 069°04′39′′ W. 

44°06′13′′ N, 069°04′36′′ W. 

44°06′12′′ N, 069°04′43′′ W. 

44°06′17′′ N, 069°04′44′′ W. 

44°06′18′′ N, 069°04′40′′ W. 

9.0 SEPTEMBER 

9.1 Windjammer Weekend Fireworks .................................................... • Event Type: Fireworks Display. 

• Sponsor: Town of Camden, Maine. 

• Date: A one day event on Friday during the first weekend of September. The specific calendar date will be published in the Federal 

Register via a Notice of Enforcement. 

• Time: 8 p.m. to 9:30 p.m. 

• Location: From a barge in the vicinity of Northeast Point, Camden 

Harbor, Maine in approximate position: 

44°12′10′′ N, 069°03′11′′ W (NAD 83). 

9.2 Eastport Pirate Festival Fireworks ................................................... • Event Type: Fireworks Display. 

• Sponsor: Eastport Pirate Festival. 

• Date: A one day event on Saturday during the second weekend of 

September. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. 

• Time: 7 p.m. to 10 p.m. 

• Location: From the Waterfront Public Pier in Eastport, Maine at approximate position: 

44°54′17′′ N, 066°58′58′′ W (NAD 83). 

9.3 The Lobsterman Triathlon ................................................................ • Event Type: Swim Event. 

• Sponsor: Tri-Maine Productions. 

• Date: A one day swim event on Saturday during the second weekend of September. The specific calendar date will be published in 

the Federal Register via a Notice of Enforcement. 

• Time: 8 a.m. to 11 a.m. 

• Location: The regulated area includes all waters in the vicinity of 

Winslow Park in South Freeport, Maine within the following points 

(NAD 83): 

43°47′59′′ N, 070°06′56′′ W. 

43°47′44′′ N, 070°06′56′′ W. 

43°47′44′′ N, 070°07′27′′ W. 

43°47′57′′ N, 070°07′27′′ W. 

9.4 Burlington Triathlon .......................................................................... • Event Type: Swim Event. 

• Sponsor: Race Vermont. 

• Date: A one day swim event on Sunday during the second weekend 

of September. The specific calendar date will be published in the 

Federal Register via a Notice of Enforcement. 

• Time: 7 a.m. to 10 a.m. 

• Location: The regulated area includes all waters in the vicinity of 

North Beach, Burlington, Vermont within the following points (NAD 

83): 

44°29′31′′ N, 073°14′22′′ W. 

44°29′12′′ N, 073°14′14′′ W. 

44°29′17′′ N, 073°14′34′′ W. 

9.5 Eliot Festival Day Fireworks ............................................................ • Event Type: Fireworks Display. 

• Sponsor: Eliot Festival Day Committee. 

• Date: A one day event on Saturday during the fourth weekend of 

September. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. 

• Time: 8 p.m. to 10:30 p.m. 


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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23615 

TABLE TO § 165.171—Continued 

• Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in 

approximate position: 

43°08′56′′ N, 070°49′52′′ W (NAD 83). 

Dated: March 30, 2012. 

C.L. Roberge, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Northern New England. 

[FR Doc. 2012–9519 Filed 4–19–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN86 

Payment or Reimbursement for 

Emergency Services for NonserviceConnected Conditions in Non-VA 

Facilities 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

‘‘Payment or Reimbursement for 

Emergency Services for NonserviceConnected Conditions in Non-VA 

Facilities’’ regulations to conform with 

a statutory change that expanded 

veterans’ eligibility for reimbursement. 

Some of the revisions in this final rule 

are purely technical, matching the 

language of our regulations to the 

language of the revised statute, while 

others set out VA’s policies regarding 

the implementation of statutory 

requirements. This final rule expands 

the qualifications for payment or 

reimbursement to veterans who receive 

emergency services in non-VA facilities, 

and establishes accompanying standards 

for the method and amount of payment 

or reimbursement. 

DATES: This final rule is effective May 

21, 2012. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Brown, Division Chief, Policy 

Management Department, Purchased 

Care at the Veterans Health 

Administration Center, Department of 

Veterans Affairs, 3773 Cherry Creek Dr. 

N. East Tower, Suite 485, Denver, CO 

80209, (303) 331–7829. (This is not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: On 

February 1, 2010, Congress enacted 

Public Law 111–137 (2010 Act), which 

amended 38 U.S.C. 1725 by expanding 

veteran eligibility for reimbursement for 

emergency treatment furnished in a 

non-VA facility. Current VA regulations 

implement section 1725 in 38 CFR 

17.1000 through 17.1008 under the 

undesignated heading ‘‘Payment or 

Reimbursement for Emergency Services 

for Nonservice-Connected Conditions in 

Non-VA Facilities.’’ This final rule 

revises §§ 17.1001, 17.1002, 17.1004, 

and 17.1005. These revisions eliminate 

certain exclusions from emergency care 

payment or reimbursement, and define 

the payment limitations for those 

qualifying for payment or 

reimbursement under the law as 

amended by the 2010 Act. 

The 2010 Act amended 38 U.S.C. 

1725(f)(2) by removing a provision that 

included automobile insurance in the 

definition of ‘‘health-plan contract.’’ 

Under 38 U.S.C. 1725(b)(3)(B), veterans 

who are covered by a health-plan 

contract are ineligible for VA payment 

or reimbursement. Thus, we are 

removing current 38 CFR 17.1001(a)(5), 

which includes automobile insurance in 

the definition of ‘‘health-plan contract.’’ 

This amendment will implement VA’s 

authority to pay or reimburse claimants 

for providing emergency services to a 

veteran if the veteran received, or is 

legally eligible to receive, partial 

payment towards emergency services 

from an automobile insurer. 

The 2010 Act also amended 38 U.S.C. 

1725 by revising a provision that 

precluded certain claimants from 

payment or reimbursement by VA for 

emergency care at non-VA facilities. 

Parties who qualified as claimants 

under section 1725 prior to the 2010 Act 

(as implemented by VA in current 38 

CFR 17.1004(a)) included veterans, the 

provider of the emergency treatment, or 

the person or organization that paid for 

such treatment on behalf of the veteran. 

Under the 2010 Act, claimants who are 

entitled to partial payment from a third 

party for providing non-VA emergency 

services to a veteran are no longer 

barred from also receiving VA payment 

or reimbursement for such care. Prior to 

the 2010 Act, section 1725(b)(3)(C) 

required that VA deny any claim in 

which a veteran has ‘‘other contractual 

or legal recourse against a third party 

that would, in whole or in part, 

extinguish such liability to the 

provider.’’ The 2010 Act removed ‘‘or in 

part’’ from this exclusion. In order to 

remove this partial payment exclusion 

from VA regulations, we are removing 

the clause ‘‘or in part’’ from § 17.1002(g) 

to parallel the language in current 38 

U.S.C. 1725. 

In addition, the 2010 Act authorized, 

but did not require, VA to provide 

repayment under section 1725 ‘‘for 

emergency treatment furnished to a 

veteran before the date of the enactment 

of the [2010] Act, if the Secretary 

determines that, under the 

circumstances applicable with respect 

to the veteran, it is appropriate to do 

so.’’ We interpret this provision to allow 

VA, through regulation, to provide 

retroactive reimbursement, and we are 

implementing this authority in new 

§ 17.1004(f). 

In a document published in the 

Federal Register on May 26, 2011 (76 

FR 30598), VA proposed to amend the 

regulations that govern the payment or 

reimbursement for emergency services 

for nonservice-connected conditions in 

non-VA facilities. We provided a 60 day 

comment period, which ended on July 

25, 2011. We received three comments 

from the general public. 

In the proposed rule, we stated that 

§ 17.1005 would be amended by adding 

new paragraphs (c) and (d). However, on 

December 21, 2011 (76 FR 79071), VA 

published an entirely separate final rule 

that added new paragraphs (c) and (d) 

to § 17.1005. Accordingly, in this final 

rule we are renumbering proposed 

§ 17.1005(c) as new § 17.1005(e), and we 

are also renumbering proposed 

§ 17.1005(d) as new § 17.1005(f). None 

of the comments received on the 

proposed rulemaking for this final rule 

addressed these paragraphs, so the 

discussion below is not affected by this 

change. 

One commenter applauded VA for 

‘‘taking steps to change the 

reimbursement policies.’’ The 

commenter further believes that ‘‘it is 

only fair that the VA reimburse’’ 

veterans for the emergency care they 

receive in non-VA hospitals, especially 

when the non-VA hospitals are ‘‘better 

equipped to handle the injury.’’ We 

appreciate the supportive comment on 

this rulemaking, and thank the 

commenter. 

A second commenter commended VA 

for the proposed regulation stating that 

the regulation is ‘‘in the best interest of 

the local health care provider, the 

veteran, and possibly the veteran’s 

administration.’’ We thank the 

commenter for taking the time to 


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