Federal Register - November 8, 2021
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Fuente: Federal Register
61696
Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
G. Protest Activities The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation water, Reporting and recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05
1.
2. Revise 100.501 to read as follows:
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100.501 Special Local Regulations;
Marine Events Within the Fifth Coast Guard District.
a Applicability. Paragraphs a through i of this section apply to the marine events listed in paragraph i of this section. These regulations are effective annually, for the duration of each event listed in paragraph i of this section. Annual notice of the exact times, and dates if there is a range of possible dates, of the effective period of the regulation with respect to each event, the geographical area, and details concerning the nature of the event and the number of participants and types of vessels involved will be published in Local Notices to Mariners and via Broadcast Notice to Mariners over VHF
FM marine band radio.
b Definitions. The following definitions apply to this section:
Buffer zone means a neutral area that surrounds the perimeter of the regulated area or a race area within a regulated area. The buffer zone provides separation between a race area and spectator area, or between the regulated area and other vessels that are operating in the vicinity of the regulated area for marine event. The purpose of a buffer zone is to minimize potential collision conflicts between participants, participants and non-participants, or between participants and nonparticipants with nearby transiting vessels.
Captain of the Port Representative or COTP Representative means a
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commissioned, warrant, or petty officer of the Coast Guard designated by name by the Captain of the Port to verify an events compliance with the conditions of its approved permit.
Event Patrol Commander or Event PATCOM means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the respective Coast Guard SectorCaptain of the Port to enforce these regulations.
Non-participant means a person or a vessel not registered with the event sponsor either as a participant or an official patrol vessel.
Official patrol vessel or official patrol means any vessel assigned or approved by the respective Captain of the Port with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign, or any state or local law enforcement vessel approved by the Captain of the Port in accordance with current local agreements.
Participant means any person or vessel registered with the event sponsor as participating in the event or otherwise designated by the event sponsor as having a function tied to the event.
Race area means an area bound by coordinates provided in latitude and longitude within the regulated area, inside of which the actual racing events are held.
Regulated area means an area where special local regulations apply to a specific described waterway to include creeks, sounds, bays, rivers, and oceans.
Regulated areas include all navigable waters of a specific body of water described with intent to define boundaries where the Coast Guard enforces special local regulations.
Boundaries may be described from shoreline to shoreline, reference bridges or other fixed structures, by points and lines defined by latitude and longitude.
All coordinates reference Datum: NAD
1983.
Spectator area means an area bound by coordinates provided in latitude and longitude within the regulated area that outlines the boundary of an area reserved for non-participant vessels watching the event.
c Patrol of the Marine Event. The respective COTP may assign one or more official patrol vessels, as described in 100.40, to each regulated event listed in the table. For each event assigned a patrol vessel, an Event PATCOM will be designated to oversee the patrol. The patrol vessel and the Event PATCOM may be contacted on VHFFM Channel 16. The Event PATCOM may terminate the event, or the operation of any vessel participating in the marine event, at any time if
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deemed necessary for the protection of life or property.
d Special local regulations1
Controls on vessel movement. The Event PATCOM or official patrol vessel may forbid and control the movement of all persons and vessels in the regulated areas. When hailed or signaled by an official patrol vessel, the person or vessel being hailed must immediately comply with all directions given.
Failure to do so may result in expulsion from the area, citation for failure to comply, or both.
2 Directions, instructions, and minimum speed necessary. i The operator of a vessel in the regulated area must stop the vessel immediately when directed to do so by an official patrol vessel and then proceed only as directed.
ii A person or vessel must comply with all instructions of the Event PATCOM or official patrol vessel.
iii A vessel operator may request permission to enter and transit through a regulated area by contacting the Event PATCOM or official patrol vessel on VHFFM channel 16. When authorized to transit through the regulated area, the vessel must proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the event area.
3 Race area. Only participants and official patrol vessels are allowed to enter the race area.
4 Spectator area. Non-participants are only allowed inside the regulated area if they remain within a designated spectator area or have authorization from the Event PATCOM or official patrol vessel to transit through the area.
A non-participant vessel must be stationary or operate at a safe speed while within the designated spectator area. On scene official patrol vessels or the Event PATCOM will direct nonparticipant vessels to the spectator area.
A non-participant must contact the Event PATCOM or official patrol vessel to request permission to pass through the regulated area. If permission is granted, the non-participant must pass directly through the regulated area at minimum speed necessary to maintain a safe course that minimizes wake and without loitering.
5 Regulated area. Non-participants are only allowed inside the regulated area to pass through or enter and remain within a designated spectator area. A
non-participant must contact the Event PATCOM or an official patrol vessel to request permission to either enter the Spectator Area or pass through the regulated area. If permission is granted, the non-participant may enter the spectator area or pass directly through
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