Safety Zones; Long Island Sound Annual Fireworks Displays, 23821-23824 [05-8940]
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[CGD01–05–012]
RIN 1625–AA00 and 1625–AA08
Safety Zones; Long Island Sound
Annual Fireworks Displays
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
revise regulations governing safety
zones for fireworks displays in Long
Island Sound. This revision would
establish 9 new permanent safety zones,
would revise the location for one
established fireworks safety zone, and
would amend the notification and
enforcement provisions to include
additional launches from beach areas.
This action is necessary to provide for
the safety of life on navigable waters
during the events.
DATES: Comments and related material
must reach the Coast Guard on or before
May 25, 2005.
ADDRESSES: You may mail comments
and related material to U.S. Coast Guard
Group/MSO Long Island Sound, 120
Woodward Ave, New Haven,
Connecticut 06512. Coast Guard Group/
Marine Safety Office Long Island Sound
maintains the public docket (CGD01–
05–012) for this rulemaking. Comments
and material received from the public,
as well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at Group/Marine Safety Office
Long Island Sound, New Haven, CT,
between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT
Andrea K. Logman, Chief, Waterways
Management Division Coast Guard
Group/MSO Long Island Sound,
Connecticut (203) 468–4429.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD01–05–012),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
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suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
If, as we anticipate we make this
temporary final rule effective less than
30 days after publication in the Federal
Register, we will explain in that
publication, as required by 5 U.S.C.
(d)(3), our good cause for doing so.
Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
for a meeting by writing to the U.S.
Coast Guard Group/Marine Safety Office
at the address listed 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
The Coast Guard proposes to revise its
safety zones for fireworks displays in
the Long Island Sound Captain of the
Port Zone found at Title 33 Code of
Federal Regulations (CFR), section
165.151. These revisions would add 9
permanent safety zones and revises one
current safety zone that would be
activated for fireworks displays that
occur on an annual basis. Of the 9 new
permanent safety zones, 5 of these
currently have special local regulations
established under 33 CFR 100.114,
which will be moved to 33 CFR 165.151.
These 5 events have specific dates
assigned to them under that regulation.
However, due to scheduling issues, the
events have not been held over the last
several years on the dates specified. As
a result, numerous temporary
regulations have needed to be
implemented to provide for safety or the
maritime community. As the events
require a limited access but flexibility in
scheduling, a permanent safety zone as
opposed to special local regulations is
prudent. This will ensure the safety of
the maritime community viewing the
displays or transiting in the vicinity of
the displays. Once implemented as
safety zones, the special local
regulations located at 33 CFR 100.114
for these events will be removed. The
remaining 4 new safety zones being
proposed are for annual events that do
not currently have permanent safety
zones or special local regulations.
The events for which safety zones are
proposed are held in the following 9
locations: on the Thames River off of
Norwich, CT; in Branford Harbor off of
Branford Point, Branford, CT on Long
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Island Sound; in Long Island Sound off
Cosey Beach, East Haven, CT; in Long
Island Sound off Compo Beach,
Westport, CT; in Westbrook Harbor on
Long Island Sound, CT; in Long Island
Sound off Calf Pasture Beach, Norwalk,
CT; in Long Island Sound off Short
Beach, Stratford, CT; in Long Island
Sound off Old Black Point Beach, East
Lyme, CT; and in Northport Bay off
Asharoken Beach, NY. By establishing
permanent safety zones, the Coast Guard
will eliminate the need to establish
temporary rules annually. The Coast
Guard has promulgated safety zones or
special local regulations for fireworks
displays at all of these 9 areas in the
past and has received no public
comments or concerns regarding the
impact to waterway traffic from these
annually recurring events. Additionally,
this rulemaking will revise the
regulations currently in place in 33 CFR
165.151(a)(10) for the Mashantucket
Pequot Fireworks Safety zone. This
revision changes the location of the
three barges used for this fireworks
display, increasing the distance between
each of the barges. Smaller-sized
fireworks shells, a maximum of a 10inch shell, will be used on the two outer
barges, decreasing the safety zone radius
for each of the two outer barges from
1200 feet to 1000 feet. The center barge
in this display would continue to have
a maximum of 12-inch shells, and will
continue to have a 1200-foot radius
safety zone surrounding it. Due to the
changes in the outer barge shell size,
there is no increase to the restricted area
of the safety zone as compared with
what has been in place for this event in
33 CFR 165.151(a)(10). The Coast Guard
has received no public comments or
concerns regarding the impact to
waterway traffic from the Mashantucket
Pequot Fireworks.
While this proposed regulation would
prevent vessels from transiting areas
made hazardous from the launching of
fireworks, vessels may transit in all
portions of the affected waterways
except for those areas covered by the
proposed zones.
Discussion of Proposed Rule
The Coast Guard proposes to revise 33
CFR section 165.151 to add 9 new safety
zones for fireworks displays that occur
on a regular basis in the same locations.
The Coast Guard also proposes to revise
33 CFR 165.151(a)(10), an established
safety zone for the Mashantucket Pequot
Fireworks. The sizes of these safety
zones were determined in accordance
with Navigational and Vessel Inspection
Circular (NVIC) 07–02, entitled Marine
Safety at Fireworks Displays, and in
accordance with National Fire
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
Protection Association Standard 1123,
Code for Fireworks Displays (100-foot
distance per inch of diameter of the
fireworks mortars). Proposed barge
locations and mortar sizes were
determined to ensure the proposed
safety zone locations would not
interfere with any known marinas or
piers. The 9 proposed new safety zones
and revisions to 33 CFR 165.151(a)(10)
for the Mashantucket Pequot Fireworks
Safety Zone are described below under
the respective event. All coordinates are
North American Datum 1983 (NAD 83).
Norwich July Fireworks
The proposed safety zone for the
annual Norwich July Fireworks display
encompasses all waters of the Thames
River turning basin within a 600-foot
radius of the fireworks barge in
approximate position 41°31′20.9″ N,
072°04′45.9″ W, located off of Norwich,
CT.
Town of Branford Fireworks
The proposed safety zone for the
annual Town of Branford fireworks
display encompasses all waters of
Branford Harbor off of Branford Point
within a 600-foot radius of the fireworks
launch area located on Branford Point in
approximate position 41°15′30″ N,
072°49′22″ W.
Vietnam Veterans Local 484; Town of
East Haven Fireworks
The proposed safety zone for the
annual Vietnam Veterans Local 484/
Town of East Haven fireworks display
encompasses all waters of Long Island
Sound off of Cosey Beach, East Haven,
CT within a 1000-foot radius of the
fireworks barge in approximate position
41°14′19″ N, 072°52′9.8″ W.
Westport Police Athletic League
Fireworks
The proposed safety zone for the
annual Westport Police Athletic League
fireworks display encompasses all
waters of Long Island Sound off Compo
Beach, Westport, CT within a 800-foot
radius of the fireworks barge in
approximate position 41°09′2.5″ N,
073°20′1.1″ W.
Westbrook, CT July Celebration
The proposed safety zone for the
annual Westbrook July Celebration
fireworks display encompasses all
waters of Westbrook Harbor, Westbrook,
CT within a 800-foot radius of the
fireworks barge located in approximate
position 41°16′50″ N, 072°26′14″ W.
Norwalk Fireworks
The proposed safety zone for the
annual Norwalk Fireworks display
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encompasses all waters of Long Island
Sound off of Calf Pasture Beach in
Norwalk, CT within a 1000-foot radius
of the fireworks barge located in
approximate position 40°05′10″ N,
073°23′20″ W.
Town of Stratford Fireworks
The proposed safety zone for the
annual Town of Stratford fireworks
display encompasses all waters of Long
Island Sound of Long Island Sound off
of Short Beach in Stratford, CT, within
a 800-foot radius of the fireworks launch
area located in approximate position
41°09′5″ N, 073°06′5″ W.
Old Black Point Beach Association
Fireworks
The proposed safety zone for the
annual Old Black Point Beach
Association fireworks display
encompasses all waters of Long Island
Sound off of Old Black Point Beach in
East Lyme, CT, within a 1000-foot
radius of the fireworks launch area
located on Old Black Point Beach at
approximate position 41°17′34.9″ N,
072°12′55.6″ W.
Village of Asharoken Fireworks
The proposed safety zone for the
annual Village of Asharoken Fireworks
encompasses all waters of Northport
Bay off of Asharoken Beach in
Asharoken, NY within a 600-foot radius
of the fireworks launch area located in
approximate position 40°55′30″ N,
072°21′ W.
Mashantucket Pequot Fireworks
The proposed safety zone for the
Mashantucket Pequot Fireworks
includes all waters of the Thames River
within 1200 feet of a fireworks barge
located at 41°20′57.1″ N, 72°05′22.1″ W;
and within 1000-feet of each of the
fireworks barges located at 41°21′03.3″
N, 72°05′24.5″ W and 41°20′51.75″ N,
72°05′18.90″ W.
This rulemaking also proposes to
change 33 CFR 165.151(b) and (c). These
changes would clarify the marking
requirements for fireworks barges,
described below, and would include
marking requirements for fireworks
launches from land within the
regulations.
Schedule
The Coast Guard does not know the
specific annually recurring dates of
these fireworks display safety zones.
Coast Guard Group/MSO Long Island
Sound or Coast Guard Group Moriches
will give notice of the activation of each
safety zone by all appropriate means to
provide the widest publicity among the
affected segments of the public. This
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will include publication in the Local
Notice to Mariners. Marine information
and facsimile broadcasts may also be
made to notify the public regarding
these events. Broadcast notice to
mariners will begin 12 to 24 hours
before the event is scheduled to begin.
Fireworks barges used in the locations
stated in this rulemaking will also have
a sign on their port and starboard side
labeled ‘‘FIREWORKS—STAY AWAY’’.
This will provide on-scene notice that
the safety zone the fireworks barge is
located in will be activated on that day.
This sign will consist of, at a minimum,
10″ high by 1.5″ wide red lettering on
a white background. Displays launched
from shore sites would have a sign
labeled ‘‘FIREWORKS—STAY AWAY’’
with the same size requirements.
The enforcement period for each
proposed safety zone is from 8 p.m. to
11 p.m. (e.s.t.). However, vessels may
enter, remain in, or transit through these
safety zones during this time frame if
authorized by the Captain of the Port
Long Island Sound, or designated Coast
Guard patrol personnel on scene, as
provided for in 33 CFR 165.23. Mariners
may request permission to transit
through these safety zones from the
Captain of the Port Long Island Sound
or his on-scene representative. On-scene
representatives are commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
This rule is being proposed to provide
for the safety of life on navigable waters
during the events.
Regulatory Evaluation
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. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS). We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. This regulation
may have some impact on the public,
but the potential impact would be
minimized for the following reasons:
Vessels will only be restricted from the
safety zone areas for a 3 hour period;
vessels may transit in all portions of the
affected waterways except for those
areas covered by the proposed zones;
the Coast Guard has promulgated either
safety zones or special local regulations
in accordance with 33 CFR part 100 for
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
fireworks displays at all 10 locations
areas in the past and has not received
notice of any negative impact caused by
any of the safety zones or special local
regulations. Additionally, advance
notifications will also be made to the
local maritime community by the Local
Notice to Mariners well in advance of
the events. Marine information and
facsimile broadcasts may also be made.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), the Coast Guard
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-forprofit 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 may affect the
following entities, some of which may
be small entities: Commercial vessels
wishing to transit, fish or anchor in the
portions of the Thames River, Long
Island Sound or Northport Bay covered
by the proposed rule. For the reasons
outlined in the Regulatory Evaluation
section above, this rule would not have
a significant impact on a substantial
number of small entities.
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 will affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact LT Andrea
K. Logman, Waterways Management
Officer or the Command Center at Coast
Guard Group/Marine Safety Office Long
Island Sound, CT, at (203) 468–4429 or
(203) 468–4444 respectively.
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Collection of Information
Energy Effects
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. Therefore, it
does not require a Statement of Energy
Effects under Executive Order 13211.
Federalism
We have analyzed this proposed rule
under Executive Order 13132 and have
determined that this rule would not
have implications for federalism under
that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) governs
the issuance of Federal regulations that
require unfunded mandates. An
unfunded mandate is a regulation that
requires a State, local, or tribal
government or the private sector to
incur direct costs without the Federal
Government’s having first provided the
funds to pay those costs. This proposed
rule would not impose an unfunded
mandate.
Taking of Private Property
This proposed rule will 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 does not concern an
environmental risk to health or risk to
safety that may disproportionately affect
children.
Indian Tribal Governments
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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
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
The Coast Guard has considered the
environmental impact of this proposed
rule and concluded that, under figure 2–
1, paragraph (34)(g) of Commandant
Instruction M16475.1D, this proposed
rule would be categorically excluded
from further environmental
documentation. A ‘‘Categorical
Exclusion Determination’’ is available in
the docket where indicated under
ADDRESSES.
List of Subjects
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.
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Technical Standards
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and Recordkeeping
requirements, waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR parts 100 and 165 as
follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. In the table for § 100.114(a), remove
6.4 and redesignate 6.5 and 6.6 as 6.4
and 6.5 respectively; and remove 7.38,
7.39, 7.41 and 7.42, and redesignate 7.40
as 7.38, and 7.43 through 7.51 as 7.39
through 7.47 respectively.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1225 and 1231; 46
U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33
CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
4. Revise § 165.151(a)(10), add new
§ 165.151 (a)(18) to (26), and revise
paragraph (b) to read as follows:
§ 165.151 Safety Zones; Long Island
Sound annual fireworks displays.
(a) * * *
(10) Mashantucket Pequot Fireworks
Safety Zone. All waters of the Thames
River off of New London, CT, within a
1200-foot radius of a fireworks barge
located in approximate position
41°20′57.1″ N, 72°05′22.1″ W; and
within 1000 feet of fireworks barges
located in approximate positions: barge
one, 41°21′03.3″ N, 72°05′24.5″ W; and
barge two, 41°20′51.75″ N, 72°05′18.90″
W.
*
*
*
*
*
(18) Norwich July Fireworks Safety
Zone. All waters of the Thames River
within a 600-foot radius of the fireworks
launch area in approximate position
41°31′20.9″ N, 072°04′45.9″ W, located
off of Norwich, CT.
(19) Town of Branford Fireworks
Safety Zone. All waters of Branford
Harbor off of Branford Point within a
600-foot radius of the fireworks launch
area located on Branford Point in
approximate position 41°15′30″ N,
072°49′22″ W.
(20) Vietnam Veterans Local 484/
Town of East Haven Fireworks Safety
Zone. All waters of Long Island Sound
off of Cosey Beach, East Haven, CT
within a 1000-foot radius of the
fireworks barge in approximate position
41°14′19″ N, 072°52′9.8″ W.
(21) Westport Police Athletic League
Fireworks Safety Zone. All waters of
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Long Island Sound off Compo Beach,
Westport, CT within a 800-foot radius of
the fireworks barge in approximate
position 41°09′2.5″ N, 073°20′1.1″ W.
(22) Westbrook, CT July Celebration
Safety Zone. All waters of Westbrook
Harbor in Long Island Sound within a
800-foot radius of the fireworks barge
located in approximate position
41°16′50″ N, 072°26′14″ W.
(23) Norwalk Fireworks Safety Zone.
All waters of Long Island Sound off of
Calf Pasture Beach in Norwalk, CT
within a 1000-foot radius of the
fireworks barge located in approximate
position 40°05′10″ N, 073°23′20″ W.
(24) Town of Stratford Fireworks
Safety Zone. All waters of Long Island
Sound of Long Island Sound off of Short
Beach in Stratford, CT, within a 800-foot
radius of the fireworks launch area
located in approximate position
41°09′5″ N, 073°06′5″ W.
(25) Old Black Point Beach
Association Fireworks Safety Zone. All
waters of Long Island Sound off of Old
Black Point Beach in East Lyme, CT,
within a 1000-foot radius of the
fireworks launch area located on Old
Black Point Beach in approximate
position 41°17′34.9″ N, 072°12′55.6″ W.
(26) Village of Asharoken Fireworks
Safety Zone. All waters of Northport
Bay off of Asharoken Beach in
Asharoken, NY within a 600-foot radius
of the fireworks launch area located in
approximate position 40°55′30″ N,
072°21′ W.
(b) Notification. Coast Guard Group/
Marine Safety Office Long Island Sound
and Coast Guard Group Moriches will
cause notice of the activation of these
safety zones to be made by all
appropriate means to effect the widest
publicity among the affected segments
of the public, including publication in
the local notice to mariners, marine
information broadcasts, and facsimile.
Fireworks barges used in these locations
will also have a sign on their port and
starboard side labeled ‘‘FIREWORKS—
STAY AWAY’’. Displays launched from
shore sites will have a sign labeled
‘‘FIREWORKS—STAY AWAY’’ with the
same size requirements. The signs
required by this section must consist of
red letters at least 10 inches high, and
1.5 inch thick on a white background.
*
*
*
*
*
Dated: April 25, 2005.
Peter J. Boynton,
Captain, U. S. Coast Guard, Captain of the
Port, Long Island Sound.
[FR Doc. 05–8940 Filed 5–4–05; 8:45 am]
BILLING CODE 4910–15–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD01–05–035]
RIN 1625–AA00
Safety Zone; Legal Seafood Firework
Display Boston, MA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone for the
Legal Seafood Firework Display in
Boston, Massachusetts. The safety zone
would temporarily close all waters of
Boston Harbor within a 400-yard radius
of the fireworks barge, temporarily
prohibiting entry into or movement
within this portion of Boston Harbor.
This safety zone is necessary to provide
for the safety of life and property during
a firework display.
DATES: Comments and related material
must reach the Coast Guard on or before
May 20, 2005.
ADDRESSES: You may mail comments
and related materials to Sector Boston,
427 Commercial Street, Boston, MA.
Sector Boston maintains the public
docket for this rulemaking. Comments
and material received from the public,
as well as documents indicated in this
preamble as being available in the
docket are part of docket CGD01–05–
035 and are available for inspection or
copying at Sector Boston, 427
Commercial Street, Boston, MA,
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Chief Petty Officer Paul English, Sector
Boston, Waterways Safety and Response
Division, at (617) 223–3010.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
the rulemaking (CGD01–05–035),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related materials in an unbound
format, no larger than 8.5 by 11 inches,
suitable for copying. If you would like
to know that your submission reached
us, please enclose a stamped, selfaddressed postcard or envelope. We
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Agencies
[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Proposed Rules]
[Pages 23821-23824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8940]
[[Page 23821]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[CGD01-05-012]
RIN 1625-AA00 and 1625-AA08
Safety Zones; Long Island Sound Annual Fireworks Displays
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise regulations governing
safety zones for fireworks displays in Long Island Sound. This revision
would establish 9 new permanent safety zones, would revise the location
for one established fireworks safety zone, and would amend the
notification and enforcement provisions to include additional launches
from beach areas. This action is necessary to provide for the safety of
life on navigable waters during the events.
DATES: Comments and related material must reach the Coast Guard on or
before May 25, 2005.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Group/MSO Long Island Sound, 120 Woodward Ave, New Haven,
Connecticut 06512. Coast Guard Group/Marine Safety Office Long Island
Sound maintains the public docket (CGD01-05-012) for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Group/Marine Safety Office Long Island Sound, New Haven, CT,
between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT Andrea K. Logman, Chief, Waterways
Management Division Coast Guard Group/MSO Long Island Sound,
Connecticut (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-05-
012), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
If, as we anticipate we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for a meeting by writing to the U.S. Coast Guard Group/Marine
Safety Office at the address listed 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
The Coast Guard proposes to revise its safety zones for fireworks
displays in the Long Island Sound Captain of the Port Zone found at
Title 33 Code of Federal Regulations (CFR), section 165.151. These
revisions would add 9 permanent safety zones and revises one current
safety zone that would be activated for fireworks displays that occur
on an annual basis. Of the 9 new permanent safety zones, 5 of these
currently have special local regulations established under 33 CFR
100.114, which will be moved to 33 CFR 165.151. These 5 events have
specific dates assigned to them under that regulation. However, due to
scheduling issues, the events have not been held over the last several
years on the dates specified. As a result, numerous temporary
regulations have needed to be implemented to provide for safety or the
maritime community. As the events require a limited access but
flexibility in scheduling, a permanent safety zone as opposed to
special local regulations is prudent. This will ensure the safety of
the maritime community viewing the displays or transiting in the
vicinity of the displays. Once implemented as safety zones, the special
local regulations located at 33 CFR 100.114 for these events will be
removed. The remaining 4 new safety zones being proposed are for annual
events that do not currently have permanent safety zones or special
local regulations.
The events for which safety zones are proposed are held in the
following 9 locations: on the Thames River off of Norwich, CT; in
Branford Harbor off of Branford Point, Branford, CT on Long Island
Sound; in Long Island Sound off Cosey Beach, East Haven, CT; in Long
Island Sound off Compo Beach, Westport, CT; in Westbrook Harbor on Long
Island Sound, CT; in Long Island Sound off Calf Pasture Beach, Norwalk,
CT; in Long Island Sound off Short Beach, Stratford, CT; in Long Island
Sound off Old Black Point Beach, East Lyme, CT; and in Northport Bay
off Asharoken Beach, NY. By establishing permanent safety zones, the
Coast Guard will eliminate the need to establish temporary rules
annually. The Coast Guard has promulgated safety zones or special local
regulations for fireworks displays at all of these 9 areas in the past
and has received no public comments or concerns regarding the impact to
waterway traffic from these annually recurring events. Additionally,
this rulemaking will revise the regulations currently in place in 33
CFR 165.151(a)(10) for the Mashantucket Pequot Fireworks Safety zone.
This revision changes the location of the three barges used for this
fireworks display, increasing the distance between each of the barges.
Smaller-sized fireworks shells, a maximum of a 10-inch shell, will be
used on the two outer barges, decreasing the safety zone radius for
each of the two outer barges from 1200 feet to 1000 feet. The center
barge in this display would continue to have a maximum of 12-inch
shells, and will continue to have a 1200-foot radius safety zone
surrounding it. Due to the changes in the outer barge shell size, there
is no increase to the restricted area of the safety zone as compared
with what has been in place for this event in 33 CFR 165.151(a)(10).
The Coast Guard has received no public comments or concerns regarding
the impact to waterway traffic from the Mashantucket Pequot Fireworks.
While this proposed regulation would prevent vessels from
transiting areas made hazardous from the launching of fireworks,
vessels may transit in all portions of the affected waterways except
for those areas covered by the proposed zones.
Discussion of Proposed Rule
The Coast Guard proposes to revise 33 CFR section 165.151 to add 9
new safety zones for fireworks displays that occur on a regular basis
in the same locations. The Coast Guard also proposes to revise 33 CFR
165.151(a)(10), an established safety zone for the Mashantucket Pequot
Fireworks. The sizes of these safety zones were determined in
accordance with Navigational and Vessel Inspection Circular (NVIC) 07-
02, entitled Marine Safety at Fireworks Displays, and in accordance
with National Fire
[[Page 23822]]
Protection Association Standard 1123, Code for Fireworks Displays (100-
foot distance per inch of diameter of the fireworks mortars). Proposed
barge locations and mortar sizes were determined to ensure the proposed
safety zone locations would not interfere with any known marinas or
piers. The 9 proposed new safety zones and revisions to 33 CFR
165.151(a)(10) for the Mashantucket Pequot Fireworks Safety Zone are
described below under the respective event. All coordinates are North
American Datum 1983 (NAD 83).
Norwich July Fireworks
The proposed safety zone for the annual Norwich July Fireworks
display encompasses all waters of the Thames River turning basin within
a 600-foot radius of the fireworks barge in approximate position
41[deg]31'20.9'' N, 072[deg]04'45.9'' W, located off of Norwich, CT.
Town of Branford Fireworks
The proposed safety zone for the annual Town of Branford fireworks
display encompasses all waters of Branford Harbor off of Branford Point
within a 600-foot radius of the fireworks launch area located on
Branford Point in approximate position 41[deg]15'30'' N,
072[deg]49'22'' W.
Vietnam Veterans Local 484; Town of East Haven Fireworks
The proposed safety zone for the annual Vietnam Veterans Local 484/
Town of East Haven fireworks display encompasses all waters of Long
Island Sound off of Cosey Beach, East Haven, CT within a 1000-foot
radius of the fireworks barge in approximate position 41[deg]14'19'' N,
072[deg]52'9.8'' W.
Westport Police Athletic League Fireworks
The proposed safety zone for the annual Westport Police Athletic
League fireworks display encompasses all waters of Long Island Sound
off Compo Beach, Westport, CT within a 800-foot radius of the fireworks
barge in approximate position 41[deg]09'2.5'' N, 073[deg]20'1.1'' W.
Westbrook, CT July Celebration
The proposed safety zone for the annual Westbrook July Celebration
fireworks display encompasses all waters of Westbrook Harbor,
Westbrook, CT within a 800-foot radius of the fireworks barge located
in approximate position 41[deg]16'50'' N, 072[deg]26'14'' W.
Norwalk Fireworks
The proposed safety zone for the annual Norwalk Fireworks display
encompasses all waters of Long Island Sound off of Calf Pasture Beach
in Norwalk, CT within a 1000-foot radius of the fireworks barge located
in approximate position 40[deg]05'10'' N, 073[deg]23'20'' W.
Town of Stratford Fireworks
The proposed safety zone for the annual Town of Stratford fireworks
display encompasses all waters of Long Island Sound of Long Island
Sound off of Short Beach in Stratford, CT, within a 800-foot radius of
the fireworks launch area located in approximate position 41[deg]09'5''
N, 073[deg]06'5'' W.
Old Black Point Beach Association Fireworks
The proposed safety zone for the annual Old Black Point Beach
Association fireworks display encompasses all waters of Long Island
Sound off of Old Black Point Beach in East Lyme, CT, within a 1000-foot
radius of the fireworks launch area located on Old Black Point Beach at
approximate position 41[deg]17'34.9'' N, 072[deg]12'55.6'' W.
Village of Asharoken Fireworks
The proposed safety zone for the annual Village of Asharoken
Fireworks encompasses all waters of Northport Bay off of Asharoken
Beach in Asharoken, NY within a 600-foot radius of the fireworks launch
area located in approximate position 40[deg]55'30'' N, 072[deg]21' W.
Mashantucket Pequot Fireworks
The proposed safety zone for the Mashantucket Pequot Fireworks
includes all waters of the Thames River within 1200 feet of a fireworks
barge located at 41[deg]20'57.1'' N, 72[deg]05'22.1'' W; and within
1000-feet of each of the fireworks barges located at 41[deg]21'03.3''
N, 72[deg]05'24.5'' W and 41[deg]20'51.75'' N, 72[deg]05'18.90'' W.
This rulemaking also proposes to change 33 CFR 165.151(b) and (c).
These changes would clarify the marking requirements for fireworks
barges, described below, and would include marking requirements for
fireworks launches from land within the regulations.
Schedule
The Coast Guard does not know the specific annually recurring dates
of these fireworks display safety zones. Coast Guard Group/MSO Long
Island Sound or Coast Guard Group Moriches will give notice of the
activation of each safety zone by all appropriate means to provide the
widest publicity among the affected segments of the public. This will
include publication in the Local Notice to Mariners. Marine information
and facsimile broadcasts may also be made to notify the public
regarding these events. Broadcast notice to mariners will begin 12 to
24 hours before the event is scheduled to begin. Fireworks barges used
in the locations stated in this rulemaking will also have a sign on
their port and starboard side labeled ``FIREWORKS--STAY AWAY''. This
will provide on-scene notice that the safety zone the fireworks barge
is located in will be activated on that day. This sign will consist of,
at a minimum, 10 high by 1.5 wide red lettering
on a white background. Displays launched from shore sites would have a
sign labeled ``FIREWORKS--STAY AWAY'' with the same size requirements.
The enforcement period for each proposed safety zone is from 8 p.m.
to 11 p.m. (e.s.t.). However, vessels may enter, remain in, or transit
through these safety zones during this time frame if authorized by the
Captain of the Port Long Island Sound, or designated Coast Guard patrol
personnel on scene, as provided for in 33 CFR 165.23. Mariners may
request permission to transit through these safety zones from the
Captain of the Port Long Island Sound or his on-scene representative.
On-scene representatives are commissioned, warrant, and petty officers
of the U.S. Coast Guard.
This rule is being proposed to provide for the safety of life on
navigable waters during the events.
Regulatory Evaluation
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We expect the economic impact of this rule to
be so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary. This regulation may have
some impact on the public, but the potential impact would be minimized
for the following reasons: Vessels will only be restricted from the
safety zone areas for a 3 hour period; vessels may transit in all
portions of the affected waterways except for those areas covered by
the proposed zones; the Coast Guard has promulgated either safety zones
or special local regulations in accordance with 33 CFR part 100 for
[[Page 23823]]
fireworks displays at all 10 locations areas in the past and has not
received notice of any negative impact caused by any of the safety
zones or special local regulations. Additionally, advance notifications
will also be made to the local maritime community by the Local Notice
to Mariners well in advance of the events. Marine information and
facsimile broadcasts may also be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard 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 may affect the following entities,
some of which may be small entities: Commercial vessels wishing to
transit, fish or anchor in the portions of the Thames River, Long
Island Sound or Northport Bay covered by the proposed rule. For the
reasons outlined in the Regulatory Evaluation section above, this rule
would not have a significant impact on a substantial number of small
entities.
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 will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LT Andrea K. Logman, Waterways
Management Officer or the Command Center at Coast Guard Group/Marine
Safety Office Long Island Sound, CT, at (203) 468-4429 or (203) 468-
4444 respectively.
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
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule would not have implications for
federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule will 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 does not
concern an environmental risk to health or risk to safety that may
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
The Coast Guard has considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, paragraph (34)(g)
of Commandant Instruction M16475.1D, this proposed rule would be
categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is 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, Waterways.
[[Page 23824]]
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
2. In the table for Sec. 100.114(a), remove 6.4 and redesignate
6.5 and 6.6 as 6.4 and 6.5 respectively; and remove 7.38, 7.39, 7.41
and 7.42, and redesignate 7.40 as 7.38, and 7.43 through 7.51 as 7.39
through 7.47 respectively.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
3. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1225 and 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
4. Revise Sec. 165.151(a)(10), add new Sec. 165.151 (a)(18) to
(26), and revise paragraph (b) to read as follows:
Sec. 165.151 Safety Zones; Long Island Sound annual fireworks
displays.
(a) * * *
(10) Mashantucket Pequot Fireworks Safety Zone. All waters of the
Thames River off of New London, CT, within a 1200-foot radius of a
fireworks barge located in approximate position 41[deg]20'57.1'' N,
72[deg]05'22.1'' W; and within 1000 feet of fireworks barges located in
approximate positions: barge one, 41[deg]21'03.3'' N, 72[deg]05'24.5''
W; and barge two, 41[deg]20'51.75'' N, 72[deg]05'18.90'' W.
* * * * *
(18) Norwich July Fireworks Safety Zone. All waters of the Thames
River within a 600-foot radius of the fireworks launch area in
approximate position 41[deg]31'20.9'' N, 072[deg]04'45.9'' W, located
off of Norwich, CT.
(19) Town of Branford Fireworks Safety Zone. All waters of Branford
Harbor off of Branford Point within a 600-foot radius of the fireworks
launch area located on Branford Point in approximate position
41[deg]15'30'' N, 072[deg]49'22'' W.
(20) Vietnam Veterans Local 484/Town of East Haven Fireworks Safety
Zone. All waters of Long Island Sound off of Cosey Beach, East Haven,
CT within a 1000-foot radius of the fireworks barge in approximate
position 41[deg]14'19'' N, 072[deg]52'9.8'' W.
(21) Westport Police Athletic League Fireworks Safety Zone. All
waters of Long Island Sound off Compo Beach, Westport, CT within a 800-
foot radius of the fireworks barge in approximate position
41[deg]09'2.5'' N, 073[deg]20'1.1'' W.
(22) Westbrook, CT July Celebration Safety Zone. All waters of
Westbrook Harbor in Long Island Sound within a 800-foot radius of the
fireworks barge located in approximate position 41[deg]16'50'' N,
072[deg]26'14'' W.
(23) Norwalk Fireworks Safety Zone. All waters of Long Island Sound
off of Calf Pasture Beach in Norwalk, CT within a 1000-foot radius of
the fireworks barge located in approximate position 40[deg]05'10'' N,
073[deg]23'20'' W.
(24) Town of Stratford Fireworks Safety Zone. All waters of Long
Island Sound of Long Island Sound off of Short Beach in Stratford, CT,
within a 800-foot radius of the fireworks launch area located in
approximate position 41[deg]09'5'' N, 073[deg]06'5'' W.
(25) Old Black Point Beach Association Fireworks Safety Zone. All
waters of Long Island Sound off of Old Black Point Beach in East Lyme,
CT, within a 1000-foot radius of the fireworks launch area located on
Old Black Point Beach in approximate position 41[deg]17'34.9'' N,
072[deg]12'55.6'' W.
(26) Village of Asharoken Fireworks Safety Zone. All waters of
Northport Bay off of Asharoken Beach in Asharoken, NY within a 600-foot
radius of the fireworks launch area located in approximate position
40[deg]55'30'' N, 072[deg]21' W.
(b) Notification. Coast Guard Group/Marine Safety Office Long
Island Sound and Coast Guard Group Moriches will cause notice of the
activation of these safety zones to be made by all appropriate means to
effect the widest publicity among the affected segments of the public,
including publication in the local notice to mariners, marine
information broadcasts, and facsimile. Fireworks barges used in these
locations will also have a sign on their port and starboard side
labeled ``FIREWORKS--STAY AWAY''. Displays launched from shore sites
will have a sign labeled ``FIREWORKS--STAY AWAY'' with the same size
requirements. The signs required by this section must consist of red
letters at least 10 inches high, and 1.5 inch thick on a white
background.
* * * * *
Dated: April 25, 2005.
Peter J. Boynton,
Captain, U. S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-8940 Filed 5-4-05; 8:45 am]
BILLING CODE 4910-15-P