Sec.

PART 100-SAFETY OF LIFE ON NAVIGABLE WATERS

100.01 Purpose and intent. 100.05 Definition of terms used in this part. 100.10 Coast Guard-State agreements. 100.15 Submission of application. 100.20 Action on application for event assigned to State regulation by Coast Guard-State agreement.

100.25 Action on application for event not assigned to State regulation by Coast Guard-State agreement.

100.30 Approval required for holding event. 100.35 Special local regulations.

100.40 Patrol of the regatta or marine parade.

100.45 Establishment of aids to navigation. 100.101 Harvard-Yale Regatta,

River, New London, CT.

Thames

100.502 Barnegat Bay Classic, Barnegat Bay, Toms River, NJ.

100.504 Night in Venice, Great Egg Harbor Bay, City of Ocean City, NJ. 100.505 New Jersey Offshore Grand Prix. 100.507 Chesapeake Bay Bridges Swim Races, Chesapeake Bay, Maryland. 100.508 Hampton River, Hampton, Virginia. 100.509 Delaware River, Philadelphia, Pennsylvania.

100.510 Susquehanna River, Havre de Grace,

Maryland.

100.511 Approaches to Annapolis Harbor, Spa Creek, and Severn River, Annapolis, Maryland.

100.512 American Diabetes Association Reach the Beach Triathlon, Choptank River, Cambridge, Maryland.

100.513 Wrightsville Channel, Wrightsville Beach, North Carolina.

100.514 Fourth of July Fireworks Display; Parker Island, Little Egg Harbor, New Jersey.

100.515 Patapsco River, Baltimore, Maryland.

100.517 Atlantic Ocean, Ocean City, MD. 100.518 Severn River, College Creek, and Weems Creek, Annapolis, Maryland 100.519 Assateague Channel, Chincoteague,

Virginia.

100.520 Rudee Inlet, Lake Rudee, Atlantic Ocean, Virginia Beach, Virginia. 100.523 Southern Branch, Elizabeth River, Portsmouth, Virginia.

100.709 Annual Augusta Southern National

Drag Boat Races; Savannah River, Augusta, GA.

100.710 Annual Greater Jacksonville Kingfish Tournament; Jacksonville, Florida. 100.713 Annual Harborwalk Boat Race; Sampit River, Georgetown, SC. 100.714 Annual Miami Super Boat Race; Miami Beach, FL.

100.715 Annual Beaufort Water Festival, Beaufort River, Beaufort, SC.

100.716 Annual Florida Sports Fishing Association Billfish Tournament. 100.717 Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.

100.718 Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, FL.

100.719 Annual Suncoast Offshore Challenge; Gulf of Mexico, Sarasota, FL. 100.720 Annual Suncoast Offshore Grand Prix; Gulf of Mexico, Sarasota, FL. 100.721 Charleston Christmas Parade of Boats, Charleston Harbor, SC.

100.722 Annual Key West Super Boat Race; Key West, FL.

100.723 Annual Holiday Boat Parade of the Palm Beaches; Palm Beach, FL. 100.724 Annual Augusta Invitational Rowing Regatta; Savannah River, Augusta, GA.

100.728 Special Local Regulations; Hurricane Offshore Classic, St. Petersburg, FL.

100.730 Annual Miami Super Boat Race; Miami Beach, Florida.

100.731 Special local regulations; annual Ft. Lauderdale Air & Sea Show, Ft. Lauderdale, FL.

100.732 Annual River Race Augusta; Savan

nah River, Augusta GA.

100.733 Annual Deerfield Beach Super Boat Race; Deerfield Beach, Florida. 100.734 Annual Gasparilla Marine Parade; Hillsborough Bay, Tampa, FL

100.801 Annual Marine Events in the Eighth Coast Guard District.

100.901 Great Lakes annual marine events. 100.902 Macomb Daily Offshore Classic, Lake St. Clair, St. Clair Shores, MI. 100.1101 Southern California annual marine

plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 86-082, 52 FR 33811, Sept. 8, 1987]

§ 100.05 Definition of terms used in this part.

(a) Regatta or marine parade means an organized water event of limited duration which is conducted according to a prearranged schedule.

(b) [Reserved]

(c) District Commander means the Commander of the Coast Guard District in which the regatta or marine parade is intended to be held. (See Part 3 of this chapter for the geographical boundaries of Coast Guard Districts.)

(d) State authority means any official or agency of a State having power under the law of such State to regulate regattas or marine parades on waters over which such State has jurisdiction. [CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 75-098, 40 FR 49327, Oct. 22, 1975]

(a) The District Commander is authorized to enter into agreements with State authorities permitting, regulation by the State of such classes of regatta or marine parade on the navigable waters of the United States as, in the opinion of the District Commander, the State is able to regulate in such a manner as to insure safety of life. All such agreements shall reserve to the District Commander the right to regulate any particular regatta or marine parade when he deems such action to be in the public interest.

§100.15 Submission of application.

(a) An individual or organization planning to hold a regatta or marine parade which, by its nature, circumstances or location, will introduce extra or unusual hazards to the safety of life on the navigable waters of the United States, shall submit an application to the Coast Guard District Commander having cognizance of the area

where it is intended to hold such regatta or marine parade. Examples of conditions which are deemed to introduce extra or unusual hazards to the safety of life include but are not limited to: An inherently hazardous competition, the customary presence of commercial or pleasure craft in the area, any obstruction of navigable channel which may reasonably be expected to result, and the expected accumulation of spectator craft.

(b) Where such events are to be held regularly or repeatedly in a single area by an individual or organization, the Commandant or the District Commander may, subject to conditions set from time to time by him, grant a permit for such series of events for a fixed period of time, not to exceed one year.

(c) Except as in paragraphs (d) and (e) of this section, the application must be submitted no less than 135 days before the start of the proposed event. However, if all of the following criteria are met, the application must be submitted no less than 60 days before the start of the proposed event:

(1) The sponsor submitted an application for the event in the year immediately preceding.

(2) The nature, location, scheduling, and other relevant information contained in the previous application are essentially the same.

(3) The Coast Guard received no objection to the previous application.

(4) The Coast Guard did not promulgate special local regulations for the previous event.

(5) The Coast Guard approved the previous event.

(d) For marine events to be held on or before September 8, 2001, the application must be submitted no less than 30 days before the start of the proposed event.

(e) For marine events to be held after September 8, 2001 but before November 23, 2001, the application must be submitted no less than 60 days before the start of the proposed event.

(f) The application shall include the following details:

(1) Name and address of sponsoring organization.

(2) Name, address, and telephone of person or persons in charge of the event.

(3) Nature and purpose of the event. (4) Information as to general public interest.

(5) Estimated number and types of watercraft participating in the event. (6) Estimated number and types of spectator watercraft.

(7) Number of boats being furnished by sponsoring organizations to patrol event.

(8) A time schedule and description of events.

(9) A section of a chart or scale drawing showing the boundaries of the event, various water courses or areas to be utilized by participants, officials, and spectator craft.

[CGFR 63-22, 28 FR 5155, May 23, 1963 as amended by CGD 95-054, 66 FR 1582, Jan. 9, 2001; CGD 95-059, 66 FR 9659, Feb. 9, 2001]

§ 100.20 Action on application for event assigned to State regulation by Coast Guard-State agreement. (a) Upon receipt of an application for a regatta or marine parade of a type assigned to a State for regulation under a Coast Guard-State agreement, the District Commander will forward the application to the State authority having cognizance of the event. Further processing and decision upon such an application shall be conducted by the State.

(a) Where an event is one of a type not assigned to the State for regulation under a Coast Guard-State agreement (or where no such agreement has been entered), the Commander of a Coast Guard District who receives an application for a proposed regatta or marine parade to be held upon the navigable waters of the United States within his district shall take the following action:

(1) He shall determine whether the proposed regatta or marine parade may be held in the proposed location with safety of life. To assist in his determination, he may, if he deems it necessary, hold a public hearing to obtain the views of all persons interested in,

or who will be affected by, the regatta or marine parade.

(2) He will notify the individual or organization which submitted the application:

(i) That the application is approved, and the nature of the special local regulations, if any, which he will promulgate pursuant to §100.35; or

(ii) That the interest of safety of life on the navigable waters of the United States requires specific change or changes in the application before it can be approved; or

(iii) That the event requires no regulation or patrol of the regatta or marine parade area; or

(iv) That the application is not approved, with reasons for such disapproval.

§ 100.30 Approval required for holding event.

(a) An event for which application is required under §100.15(a) shall be held only after approval of such event by the District Commander, except that applications referred to a State under § 100.10 shall be governed by the laws of that State.

§ 100.35 Special local regulations.

(a) The Commander of a Coast Guard District, after approving the plans for the holding of a regatta or marine parade within his district, is authorized to promulgate such special local regulations as he deems necessary to insure safety of life on the navigable waters immediately prior to, during, and immediately after the approved regatta or marine parade. Such regulations may include a restriction upon, or control of, the movement of vessels through a specified area immediately prior to, during, and immediately after the regatta or marine parade.

(b) After approving the plans for the holding of a regatta or marine parade upon the navigable waters within his district, and promulgating special regulations thereto, the Commander of a Coast Guard District shall give the public full and adequate notice of the dates of the regatta or marine parade, together with full and complete information of the special local regulations, if there be such. Such notice should be

published in the local notices to mari

ners.

(c) The special local regulations referred to in paragraph (a) of this section, when issued and published by the Commander of a Coast Guard District, shall have the status of regulations issued pursuant to the provisions of section 1 of the act of April 28, 1908, as amended (46 U.S.C. 454).

§ 100.40 Patrol of the regatta or marine parade.

(a) The Commander of a Coast Guard District in which a regatta or marine parade is to be held may detail, if he deems the needs of safety require, one or more Coast Guard vessels to patrol the course of the regatta or marine parade for the purpose of enforcing not only the special local regulations but also for assistance work and the enforcement of laws generally.

(b) The Commander of a Coast Guard District may also utilize any private vessel or vessels to enforce the special local regulations governing a regatta or marine parade provided such vessel or vessels have been placed at the disposition of the Coast Guard pursuant to section 826 in Title 14, U.S. Code, for such purpose by any member of the Coast Guard Auxiliary, or any corporation, partnership, or association, or by any State or political subdivision thereof. Any private vessel so utilized shall have on board an officer or petty officer of the Coast Guard who shall be in charge of the vessel during the detail and responsible for the law enforcement activities or assistance work performed by the vessel during such detail. Any private vessel so utilized will display the Coast Guard ensign while engaged in this duty.

(c) The Commander of a Coast Guard District may also utilize any private vessel or vessels placed at the disposition of the Coast Guard pursuant to section 826 in Title 14, U.S. Code, by any member of the Coast Guard Auxiliary, or any corporation, partnership, or association, or by any State or political subdivision thereof, to patrol the course of the regatta or marine parade for the purpose of promoting safety by performing assistance work, effecting rescues, and directing the movement of vessels in the vicinity of

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