[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12769-12774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6424]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0106]
RIN 1625-AA08


Special Local Regulation for Marine Events; Temporary Change of 
Dates for Recurring Marine Events in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
period of special local regulations for recurring marine events in the 
Fifth Coast Guard District. These regulations apply to only five 
recurring marine events that conduct on water activities such as power 
boat races, swimming competitions, and harbor celebrations. Special 
local regulations are necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic in portions of the Chester River, MD; Rappahannock 
River, VA; Elizabeth River, Southern Branch, VA; North Atlantic Ocean, 
Ocean City, MD; and Pasquotank River during each event.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before April 24, 
2009 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0106 using any one of the following methods:
    (1) Federal eRulemaking 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 methods. For 
instructions on submitting comments, see the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Dennis Sens, Project Manager, Fifth Coast Guard District, 
Prevention Division, at 757-398-6204 or e-mail at 
<a href="/cdn-cgi/l/email-protection#5c18393232352f7211720f39322f1c292f3f3b72313530"><span class="__cf_email__" data-cfemail="de9abbb0b0b7adf093f08dbbb0ad9eabadbdb9f0b3b7b2">[email protected]</span></a>. 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-2009-0106),

[[Page 12770]]

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, or by fax, mail or 
hand delivery, but please use only one of these means. We recommend 
that you include your name and a mailing address, an e-mail address, or 
a phone 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, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0106'' in the Docket ID box, press Enter, 
and 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 them 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, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0106 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit 
either 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; or the Fifth Coast 
Guard District, Prevention Division, 431 Crawford Street, Portsmouth, 
VA 23704, between 10 a.m. and 2 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 to the Docket Management Facility at the address under 
ADDRESSES explaining why one 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.

Background and Purpose

    Marine events are frequently held on the navigable waters within 
the boundary of the Fifth Coast Guard District. The on-water activities 
that typically comprise marine events include sailing regattas, 
powerboat races, swim races and holiday parades. For a description of 
the geographical area of each Coast Guard Sector--Captain of the Port 
Zone, please see 33 CFR 3.25.
    This regulation proposes to temporarily change the enforcement 
period of special local regulations for recurring marine events within 
the Fifth Coast Guard District. This proposed regulation applies to 
five marine events in 33 CFR 100.501, Table to Sec.  100.501.
    Annually, the District of Columbia Aquatics Club sponsors the 
``Maryland Swim for Life,'' on the waters of the Chester River near 
Chestertown, MD. The regulation at 33 CFR 100.501 is effective annually 
for the Maryland Swim for Life marine event. The event is an open water 
swimming competition held on the waters of the Chester River, near 
Chestertown, Maryland. Approximately 150 swimmers will start from 
Rolph's Wharf and swim up-river 2.5 miles then swim downriver returning 
back to Rolph's Wharf. A large fleet of support vessels accompany the 
swimmers. Therefore, to ensure the safety of participants and support 
vessels, 33 CFR 100.501 would be enforced for the duration of the 
event. Under provisions of 33 CFR 100.501, from 5:30 a.m. to 2:30 p.m. 
on July 11, 2009, vessels may not enter the regulated area unless they 
receive permission from the Coast Guard Patrol Commander. Vessel 
traffic may be allowed to transit the regulated area only when the 
Patrol Commander determines it is safe to do so.
    On June 6, 2009, the Rappahannock River Boaters Association (RRBA) 
will sponsor the ``2009 RRBA Spring Radar Shootout,'' on the waters of 
the Rappahannock River near Layton, Virginia. The regulation at 33 CFR 
100.501 is effective annually for this river boat race marine event. 
The event consists of approximately 35 powerboats participating in 
high-speed competitive races, traveling along a 3-mile straight line 
racecourse. Participating boats race individually within the designated 
course. A fleet of spectator vessels is anticipated to gather nearby to 
view the competition. Due to the need for vessel control during the 
event, vessel traffic will be temporarily restricted to provide for the 
safety of participants, spectators and transiting vessels. The 
regulation at 33 CFR 100.501 would be enforced for the duration of the 
event. Under provisions of 33 CFR 100.501, from 12 p.m. to 5 p.m. on 
June 6, 2009, or rain date June 7, 2009, vessels may not enter the 
regulated area unless they receive permission from the Coast Guard 
Patrol Commander.
    Norfolk Festevents Ltd., Norfolk, VA sponsors the annual ``Norfolk 
Harborfest Celebration,'' on the waters of the Elizabeth River between 
Norfolk and Portsmouth, VA. The regulation at 33 CFR 100.501 is 
effective annually for the Norfolk Harborfest marine event. This annual 
celebration of Norfolk Harbor consists of a variety of on the water 
activities that include an Opening Ceremony--Parade of Sail; jet ski, 
water ski, wake board demonstrations; Fire boat demonstrations; Lazy 
Lizzie Anything That Floats Parade and Race; Dinghy Parade; Search and 
Rescue demonstrations by USCG & USN; and Quick and Dirty Boat Race. 
Evening pyrotechnic displays ``fireworks'' will be fired from barge(s) 
on the Elizabeth River as part of the Harborfest celebration. A large 
fleet of spectator vessels is anticipated to view the Harborfest 
activities. Therefore, to ensure the safety of participants, spectators 
and transiting vessels, 33 CFR 100.501 would be enforced for the 
duration of the event. Under provisions of 33 CFR 100.501, from 9 a.m. 
July 3, 2009 to 11 p.m. on July 5, 2009, vessels may not enter the 
regulated area unless they receive permission from the Coast Guard 
Patrol Commander. Vessel traffic will be allowed to transit the 
regulated area between on the water events, when the Patrol Commander 
determines it is safe to do so.
    The Offshore Performance Association (OPA) Racing LLC annually 
sponsors the ``Offshore Grand Prix,'' on the waters of the North 
Atlantic Ocean near Ocean City, MD. The regulation at 33 CFR 100.501 is 
effective annually for the Ocean City Offshore race marine event. The 
event is conducted on the waters of the North Atlantic Ocean along the 
shoreline near Ocean City, MD. The event consists of approximately 50 
V-hull and twin-hull

[[Page 12771]]

inboard hydroplanes racing in heats counter-clockwise around an oval 
race course. A fleet of spectator vessels is anticipated to gather 
nearby to view the competition. Therefore, to ensure the safety of 
participants, spectators and transiting vessels, 33 CFR 100.501 would 
be enforced for the duration of the event. Under provisions of 33 CFR 
100.501, from 10 a.m. May 30, 2009 to 5 p.m. on May 31, 2009, vessels 
may not enter the regulated area unless they receive permission from 
the Coast Guard Patrol Commander. Due to the need for vessel control 
during the event, vessel traffic will be temporarily restricted to 
provide for the safety of participants, spectators and transiting 
vessels.
    The Carolina Cup Regatta, Inc. annually sponsors a power boat race 
on the waters of the Pasquotank River near Elizabeth City, NC. The 
regulation at 33 CFR 100.501 is effective annually for this power boat 
race marine event. The event consists of approximately 25 inboard 
hydroplanes racing in counter clockwise heats around an oval race 
course. A fleet of spectator vessels is anticipated to gather nearby to 
view the competition. Therefore, to ensure the safety of participants, 
spectators and transiting vessels, 33 CFR 100.501 will be enforced for 
the duration of the event. Under provisions of 33 CFR 100.501, from 9 
a.m. May 16, 2009 to 5 p.m. on May 17, 2009, vessels may not enter the 
regulated area unless they receive permission from the Coast Guard 
Patrol Commander. Due to the need for vessel control during the event, 
vessel traffic will be temporarily restricted to provide for the safety 
of participants, spectators and transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulations at 
33 CFR 100.501 by changing the date of enforcement in the table to 
Sec.  100.501. The Coast Guard proposes to temporarily change the 
enforcement period of special local regulations for recurring marine 
events within the Fifth Coast Guard District. This regulation applies 
to five marine events listed in the Table to Sec.  100.501 and are 
listed as follows.

Chester River, Chestertown, MD

    The Table to Sec.  100.501, event No. 21 establishes the 
enforcement date for the Maryland Swim for Life. This regulation 
proposes to temporarily change the enforcement date from ``June--3rd 
Saturday or July--3rd Saturday'' to the second Saturday in July, 
holding the marine event on July 11, 2009. The District of Columbia 
Aquatics Club, which is the sponsor for this event, intends to hold 
this event annually; however, they have changed the date of the event 
for 2009 so that it is outside the scope of the existing enforcement 
period. Due to the need for vessel control while swimmers are in the 
water along the Chester River, vessel traffic would be temporarily 
restricted to provide for the safety of participants, spectators and 
transiting vessels.

Rappahannock River, Layton, VA

    The Table to Sec.  100.501, event No. 40 establishes the 
enforcement date for the ``2009 RRBA Spring Radar Shootout''. This 
regulation proposes to temporarily change the enforcement date from 
``June--last Saturday'' to the first Saturday in June, holding the 
marine event on June 6, 2009. The temporary special local regulations 
will be enforced from 12 p.m. to 5 p.m. on June 6, 2009, and will 
restrict general navigation in the regulated area during the event. The 
Rappahannock River Boaters Association (RRBA), which is the sponsor for 
this event, intends to hold this event annually; however, they have 
changed the date of the event for 2009 so that it is outside the scope 
of the existing enforcement period. Except for participants and vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel 
will be allowed to enter or remain in the regulated area. These 
regulations are needed to control vessel traffic during the event to 
enhance the safety of participants, spectators and transiting vessels.

Elizabeth River, Norfolk, VA

    The Table to Sec.  100.501, event No. 37 establishes the 
enforcement date for Norfolk Harborfest. This regulation proposes to 
temporarily change the enforcement date from ``June--1st Friday, 
Saturday and Sunday'' to the first Friday, Saturday and Sunday in July, 
holding the marine event on July 3, through July 5, 2009. The Norfolk 
Festevents Ltd., which is the sponsor for this event, intends to hold 
this event annually; however, they have changed the date of the event 
for 2009 so that it is outside the scope of the existing enforcement 
period. Due to the need for vessel control during various on water 
activities along the Elizabeth River, vessel traffic would be 
temporarily restricted to provide for the safety of participants, 
spectators and transiting vessels.

North Atlantic Ocean, Ocean City, MD

    The Table to Sec.  100.501, event No. 38 establishes the 
enforcement date for the Ocean City Maryland Offshore Grand Prix. This 
regulation proposes to temporarily change the enforcement date from 
``June--1st Friday and Saturday'' to the last Saturday and Sunday in 
May, holding the marine event on May 30 and 31, 2009. The Offshore 
Performance Association (OPA) Racing LLC, which is the sponsor for this 
event, intends to hold this event annually; however, they have changed 
the date of the event for 2009 so that it is outside the scope of the 
existing enforcement period. Due to the need for vessel control while 
high performance power boats race along the shoreline at Ocean City, 
MD, vessel traffic would be temporarily restricted to provide for the 
safety of participants, spectators and transiting vessels.

Pasquotank River, Elizabeth City, NC

    The Table to Sec.  100.501, event No. 54 establishes the 
enforcement date for the Carolina Cup Regatta. This regulation proposes 
to temporarily change the enforcement date from ``June--2nd Saturday 
and Sunday'' to the third Saturday and Sunday in May, holding the 
marine event on May 16 and 17, 2009. The Carolina Cup Regatta Inc., 
which is the sponsor for this event, intends to hold this event 
annually; however, they have changed the date of the event for 2009 so 
that it is outside the scope of the existing enforcement period. Due to 
the need for vessel control while high performance power boats race 
along the Pasquotank River near Elizabeth City, NC, vessel traffic 
would be temporarily restricted to provide for the safety of 
participants, spectators and transiting vessels.
    Except for persons or vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated 
areas during the effective period. The regulated area is needed to 
control vessel traffic during the event to enhance the safety of 
participants and transiting vessels.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts so mariners can 
adjust their plans accordingly.

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.

[[Page 12772]]

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    Although this proposed rule prevents traffic from transiting a 
portion of certain waterways during specified events, the effect of 
this regulation will not be significant due to the limited duration 
that the regulated area will be in effect and the extensive advance 
notifications that will be made to the maritime community via marine 
information broadcasts, local radio stations and area newspapers so 
mariners can adjust their plans accordingly. Additionally, this 
rulemaking does not change the permanent regulated areas that have been 
published in 33 CFR 100.501, Table to Sec.  100.501. In some cases 
vessel traffic may be able to transit the regulated area when the Coast 
Guard Patrol Commander deems it is safe to do so.

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 rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in the areas where 
marine events are being held. This regulation will not have a 
significant impact on a substantial number of small entities because it 
will be enforced only during marine events that have been permitted by 
the Coast Guard Captain of the Port. The Captain of the Port will 
ensure that small entities are able to operate in the areas where 
events are occurring when it is safe to do so. In some cases, vessels 
will be able to safely transit around the regulated area at various 
times, and, with the permission of the Patrol Commander, vessels may 
transit through the regulated area. Before the enforcement period, the 
Coast Guard will issue maritime advisories so mariners can adjust their 
plans accordingly.
    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 Fifth Coast Guard District 
listed under FOR FURTHER INFORMATION CONTACT at the beginning of this 
rule. 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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) 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

[[Page 12773]]

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 Directive 0023.1 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 made a 
preliminary determination that this action is one of a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment. Therefore, this rule is categorically 
excluded, under section 2.B.2. Figure 2-1, paragraph 34(h), of the 
Instruction and neither an environmental assessment nor an 
environmental impact statement is required. This rule involves 
implementation of regulations within 33 CFR Part 100 that apply to 
organized marine events on the navigable waters of the United States 
that may have potential for negative impact on the safety or other 
interest of waterway users and shore side activities in the event area. 
The category of water activities includes but is not limited to sail 
boat regattas, boat parades, power boat racing, swimming events, crew 
racing, and sail board racing. Under figure 2-1, paragraph (34)(h), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule. 
We seek any comments or information that may lead to discovery of a 
significant environmental impact from this proposed rule.

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 proposes 
to amend 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. In the Table to Sec.  100.501, suspend line Nos. 21, 37, 38, 40 
and 54 from May 15, 2009 to July 15, 2009; and
    a. From 5:30 a.m. to 2:30 p.m., on July 11, 2009, add line No. 58;
    b. From 12 p.m. to 5 p.m., on June 6, 2009, add line No. 59;
    c. From 9 a.m., July 3, 2009 to 11 p.m., July 5, 2009, add line No. 
60;
    d. From 10 a.m., May 30, 2009 to 5 p.m., May 31, 2009, add line No. 
61; and
    e. From 9 a.m., May 16, 2009 to 5 p.m., May 17, 2009, add line No. 
62.
    The additions read as follows:


Sec.  100.501-T05-0106  Special Local Regulations; Marine Events in the 
Fifth Coast Guard District.

* * * * *
    Table To Sec.  100.501.--All coordinates listed in the Table to 
Sec.  100.501 Reference Datum NAD 1983.

----------------------------------------------------------------------------------------------------------------
    Number             Date                Event               Sponsor                     Location
----------------------------------------------------------------------------------------------------------------
                                     Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
58...........  July 11, 2009......  Maryland Swim for    District of          The waters of the Chester River
                                     Life.                Columbia Aquatics    from shoreline to shoreline,
                                                          Club.                bounded on the south by a line
                                                                               drawn at latitude 39[deg]10'16''
                                                                               N, near the Chester River Channel
                                                                               Buoy 35 (LLN-26795) and bounded
                                                                               on the north at latitude
                                                                               39[deg]12'30'' N by the Maryland
                                                                               S.R. 213 Highway Bridge.
----------------------------------------------------------------------------------------------------------------
                                   Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
59...........  June 6, 2009; rain   RRBA Spring Radar    Rappahannock River   The waters of the Rappahannock
                date: June 7, 2009.  Shootout.            Boaters              River, adjacent to Layton, VA,
                                                          Association (RRBA).  from shoreline to shoreline,
                                                                               bounded on the west by a line
                                                                               running along longitude
                                                                               076[deg]58'30'' W, and bounded on
                                                                               the east by a line running along
                                                                               longitude 076[deg]56'00'' W.

[[Page 12774]]

 
60...........  July 3, 2009-July    Norfolk Harborfest.  Norfolk Festevents,  The waters of the Elizabeth River
                5, 2009.                                  Ltd.                 and its branches from shore to
                                                                               shore, bounded to the northwest
                                                                               by a line drawn across the Port
                                                                               Norfolk Reach section of the
                                                                               Elizabeth River between the
                                                                               northern corner of the landing at
                                                                               Hospital Point, Portsmouth,
                                                                               Virginia, latitude
                                                                               36[deg]50'51.'' N, longitude
                                                                               076[deg]18'09.0'' W and the north
                                                                               corner of the City of Norfolk
                                                                               Mooring Pier at the foot of
                                                                               Brooks Avenue located at latitude
                                                                               36[deg]51'00.0'' N, longitude
                                                                               076[deg]17'52.0'' W; bounded on
                                                                               the southwest by a line drawn
                                                                               from the southern corner of the
                                                                               landing at Hospital Point,
                                                                               Portsmouth, Virginia, at latitude
                                                                               36[deg]50'50.0'' N, longitude
                                                                               076[deg]18'10.0'' W, to the
                                                                               northern end of the eastern most
                                                                               pier at the Tidewater Yacht
                                                                               Agency Marina, located at
                                                                               latitude 36[deg]50'29.0'' N,
                                                                               longitude 076[deg]17'52.0'' W;
                                                                               bounded to the south by a line
                                                                               drawn across the Lower Reach of
                                                                               the Southern Branch of the
                                                                               Elizabeth River, between the
                                                                               Portsmouth Lightship Museum
                                                                               located at the foot of London
                                                                               Boulevard, in Portsmouth,
                                                                               Virginia at latitude
                                                                               36[deg]50'10.0'' N, longitude
                                                                               076[deg]17'47.0'' W, and the
                                                                               northwest corner of the Norfolk
                                                                               Shipbuilding & Drydock, Berkley
                                                                               Plant, Pier No. 1, located at
                                                                               latitude 36[deg]50'08.0'' N,
                                                                               longitude 076[deg]17'39.0'' W;
                                                                               and to the southeast by the
                                                                               Berkley Bridge which crosses the
                                                                               Eastern Branch of the Elizabeth
                                                                               River between Berkley at latitude
                                                                               36[deg]50'21.5'' N, longitude
                                                                               076[deg]17'14.5'' W, and Norfolk
                                                                               at latitude 36[deg]50'35.0'' N,
                                                                               longitude 076[deg]17'10.0'' W.
61...........  May 30, 2009-May     Ocean City Maryland  Offshore             The waters of the Atlantic Ocean
                31, 2009.            Offshore Grand       Performance          commencing at a point on the
                                     Prix.                Association, OPA     shoreline at latitude
                                                          Racing, LLC.         38[deg]25'42'' N, longitude
                                                                               075[deg]03'06'' W; thence east
                                                                               southeast to latitude
                                                                               38[deg]25'30'' N, longitude
                                                                               075[deg]02'12'' W, thence south
                                                                               southwest parallel to the Ocean
                                                                               City shoreline to latitude
                                                                               38[deg]19'12'' N, longitude
                                                                               075[deg]03'48'' W; thence west
                                                                               northwest to the shoreline at
                                                                               latitude 38[deg]19'30'' N,
                                                                               longitude 075[deg]05'00'' W. The
                                                                               waters of the Atlantic Ocean
                                                                               bounded by a line drawn from a
                                                                               position along the shoreline near
                                                                               Ocean City, MD at latitude
                                                                               38[deg]22'25.2'' N, longitude
                                                                               075[deg]03'49.4'' W, thence
                                                                               easterly to latitude
                                                                               38[deg]22'00.4'' N, longitude
                                                                               075[deg]02'34.8'' W, thence
                                                                               southwesterly to latitude
                                                                               38[deg]19'35.9'' N, longitude
                                                                               075[deg]03'35.4'' W, thence
                                                                               westerly to a position near the
                                                                               shoreline at latitude
                                                                               38[deg]20'05'' N, longitude
                                                                               075[deg]04'48.4'' W, thence
                                                                               northerly along the shoreline to
                                                                               the point of origin.
----------------------------------------------------------------------------------------------------------------
                                  Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
62...........  May 16, 2009-May     Carolina Cup         The Carolina Cup     The waters of the Pasquotank
                17, 2009.            Regatta.             Regatta Inc.         River, adjacent to Elizabeth
                                                                               City, NC, from shoreline to
                                                                               shoreline, bounded on the west by
                                                                               the Elizabeth City Draw Bridge
                                                                               and bounded on the east by a line
                                                                               originating at a point along the
                                                                               shoreline at latitude
                                                                               36[deg]17'54'' N, longitude
                                                                               076[deg]12'00'' W, thence
                                                                               southwesterly to latitude
                                                                               36[deg]17'35'' N, longitude
                                                                               076[deg]12'18'' W at Cottage
                                                                               Point.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: March 16, 2009.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, 
Acting.
 [FR Doc. E9-6424 Filed 3-24-09; 8:45 am]
BILLING CODE 4910-15-P


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