Safety Zones; Fireworks Displays Within the Fifth Coast Guard District, 20223-20232 [E8-7936]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Proposed Rules]
[Pages 20223-20232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7936]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0189]
RIN 1625-AA00


Safety Zones; Fireworks Displays Within the Fifth Coast Guard 
District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the list of permanent 
safety zones established for fireworks displays at various locations 
within the geographic boundary of the Fifth Coast Guard District. This 
action is necessary to protect the life and property of the maritime 
public from the hazards posed by fireworks displays. Entry into or 
movement within these proposed zones during the enforcement periods is 
prohibited without approval of the appropriate Captain of the Port.

DATES: Comments and related material must reach the Coast Guard on or 
before May 15, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0189 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: https://www.regulations.gov.
    (2) 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.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Dennis Sens, Project Manager, Fifth Coast Guard District, 
Prevention Division, Inspections and Investigations Branch, at (757) 
398-6204. 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 https://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0189), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. 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. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or 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. We may change this 
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-2008-0189) in the Search box, and click 
``Go>>.'' You may also visit either the Docket Management Facility in 
Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE., Washington, DC

[[Page 20224]]

20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Commander (dpi), Fifth Coast Guard District, 431 
Crawford Street, Portsmouth, Virginia 23704-5004 between 9 a.m. and 2 
p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all 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 the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.

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

    The Coast Guard proposes to revise the list of permanent safety 
zones at 33 CFR 165.506, established for fireworks displays at various 
locations within the geographic boundary of the Fifth Coast Guard 
District. For a description of the geographical area of the Fifth 
District and subordinate Coast Guard Sectors--Captain of the Port 
Zones, please see 33 CFR 3.25. Currently there are 49 permanent safety 
zones established that are enforced for fireworks displays occurring 
throughout the year that are held on an annual basis and normally in 
one of these 49 locations.
    The Coast Guard proposes to revise the list of permanent safety 
zones at 33 CFR 165.506, established for fireworks displays, by adding 
22 new locations and modifying 4 previously established locations 
within the geographic boundary of the Fifth Coast Guard District. This 
rule will increase the total number of permanent safety zones to 71 
locations for fireworks displays within the boundary of the Fifth Coast 
Guard District.
    This rule proposes to add 22 new safety zone locations to the 
permanent safety zones listed in 33 CFR 165.506. The new safety zones 
are listed in the following table.

                Table of Proposed Fireworks Safety Zones
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1. Delaware River, Chester, PA.
2. Delaware River, Marcus Hook, PA.
3. North Atlantic Ocean, Avalon, NJ.
4. Barnegat Bay, Barnegat Township, NJ.
5. North Atlantic Ocean, Cape May, NJ.
6. Great Egg Harbor Inlet, Margate City, NJ.
7. North Atlantic Ocean, Ocean City, NJ.
8. North Atlantic Ocean, Bethany Beach, DE.
9. Baltimore Inner Harbor, Patapsco River, MD.
10. Potomac River, Charles County, MD.
11. Potomac River, National Harbor, MD.
12. Patuxent River, Calvert County, MD.
13. Patuxent River, Solomons Island, Calvert County, MD.
14. Appomattox River, Hopewell, VA.
15. John H. Kerr Reservoir, Clarksville, VA
16. Chesapeake Bay, Hampton, VA.
17. Atlantic Ocean, Virginia Beach, VA, Safety Zone. B.
18. Atlantic Ocean, Virginia Beach, VA, Safety Zone. C.
19. Nansemond River, Suffolk, VA.
20. James River, Williamsburg, VA.
21. Motts Channel, Banks Channel, Wrightsville Beach, NC.
22. New River, Jacksonville, NC.
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    The previously established safety zone locations proposed for 
modification by this rule are: Potomac River, Charles County, MD; 
Northwest Harbor (West Channel) Patapsco River, MD; Delaware River, 
Essington, PA; and Atlantic Ocean, Virginia Beach, VA, safety zone A.
    The Coast Guard typically receives numerous applications in these 
areas for fireworks displays. Previously a temporary safety zone was 
usually established on an emergency basis for each display. This 
limited the opportunity for public comment. Establishing permanent 
safety zones through notice and comment rulemaking provides the public 
the opportunity to comment on the zone locations, size and length of 
time the zones will be enforced.
    Each year organizations in the Fifth Coast Guard District sponsor 
fireworks displays in the same general location and time period. Each 
event uses a barge or an on-shore site near the shoreline as the 
fireworks launch platform. A safety zone is used to control vessel 
movement within a specified distance surrounding the launch platforms 
to ensure the safety of persons and property. Coast Guard personnel on 
scene could allow persons within the safety zone if conditions permit.
    The Coast Guard would publish notices in the Federal Register if an 
event sponsor reported a change to the listed event venue or date. In 
the case of inclement weather the event usually will be conducted on 
the day following the date listed in the Table to Sec.  165.506. Coast 
Guard Captains of the Port would give notice of the enforcement of each 
safety zone by all appropriate means to provide the widest publicity 
among the affected segments of the public. This would include 
publication in the Local Notice to Mariners and Marine Information 
Broadcasts. Marine information and facsimile broadcasts may also be 
made for these events, beginning 24 to 48 hours before the event is 
scheduled to begin, to notify the public. Fireworks barges or launch 
sites on land used in the locations stated in this rulemaking would 
also display a sign. The sign would be affixed to the port and 
starboard side of the barge or mounted on a post 3 foot above ground 
level when on land and in close proximity to the shoreline facing the 
water labeled ``FIREWORKS--DANGER--STAY AWAY''. This would provide on 
scene notice that the safety zone is or will be enforced on that day. 
This notice will consist of a diamond shaped sign 4 foot by 4 foot with 
a 3-inch orange retro-reflective border. The word ``DANGER'' shall be 
10 inch black block letters centered on the sign with the words 
``FIREWORKS'' and ``STAY AWAY'' in 6 inch black block letters placed 
above and below the word ``DANGER'' respectively on a white background. 
There would also be a Coast Guard patrol vessel on scene 30 minutes 
before the display is scheduled to start until 30 minutes after its 
completion to enforce the safety zone.
    The enforcement period for these proposed safety zones is from 5:30 
p.m. to 1 a.m. local time. However, vessels may enter, remain in, or 
transit through these safety zones during this timeframe if authorized 
by the Captain of the Port or designated Coast Guard patrol personnel 
on scene, as provided for in 33 CFR 165.23.
    This rule is being proposed to provide for the safety of life on 
navigable waters during the events and to give the marine community the 
opportunity to comment on the proposed zone locations, size, and length 
of time the zones will be active.

Discussion of Proposed Rule

    (a) The Coast Guard proposes to revise the regulations at 33 CFR 
165.506 by adding the following 22 permanent safety zone locations. All 
coordinates listed for the following safety zones reference Datum NAD 
1983.

Delaware River, Chester, PA, Safety Zone

    All waters of the Delaware River near Chester, PA just south of the

[[Page 20225]]

Commodore Barry Bridge within a 250 yards radius of the fireworks barge 
located in approximate position latitude 39[deg]43'2'' N, longitude 
075[deg]22'42'' W.

Delaware River, Marcus Hook, PA, Safety Zone

    All waters of the Delaware River near Marcus Hook, PA adjacent to 
the Marcus Hook Municipal Park, in approximate position latitude 
39[deg]48'40.2'' N, longitude 075[deg]24'36.6'' W.

North Atlantic Ocean, Avalon, NJ, Safety Zone

    The waters of the North Atlantic Ocean within a 500 yard radius of 
the fireworks barge in approximate location latitude 39[deg]05'31'' N, 
longitude 074[deg]43'00'' W, in the vicinity of the shoreline at 
Avalon, NJ.

Barnegat Bay, Barnegat Township, NJ, Safety Zone

    The waters of Barnegat Bay within a 500 yard radius of the 
fireworks barge in approximate position latitude 39[deg]44'50'' N, 
longitude 074[deg]11'21'' W, approximately 500 yards north of Conklin 
Island, NJ.

North Atlantic Ocean, Cape May, NJ, Safety Zone

    The waters of the North Atlantic Ocean within a 500 yard radius of 
the fireworks barge in approximate location latitude 38[deg]55'36'' N, 
longitude 074[deg]55'26'' W, immediately adjacent to the shoreline at 
Cape May, NJ.

Great Egg Harbor Inlet, Margate City, NJ, Safety Zone

    All waters within a 500 yard radius of the fireworks barge in 
approximate location latitude 39[deg]19'32.50'' N, longitude 
074[deg]31'27.54'' W, on the Intracoastal Waterway near Margate City, 
NJ.

North Atlantic Ocean, Ocean City, NJ, Safety Zone

    The waters of the North Atlantic Ocean within a 500 yard radius of 
the fireworks barge in approximate location latitude 39[deg]16'22'' N, 
longitude 074[deg]33'54'' W, approximately 500 yards east of the 
shoreline at Ocean City, NJ.

North Atlantic Ocean, Bethany Beach, DE, Safety Zone

    The waters of the North Atlantic Ocean within a 500 yard radius of 
the fireworks barge in approximate position latitude 38[deg]32'17.8'' 
N, longitude 075[deg]02'59.1'' W, adjacent to shoreline of Bethany 
Beach, DE.

Baltimore Inner Harbor, Patapsco River, MD, Safety Zone

    The waters of the Patapsco River within a 100 yard radius of 
approximate position latitude 39[deg]17'03'' N, longitude 
076[deg]36'36'' W, located in Baltimore Inner Harbor, approximately 150 
yards southeast of pier 1.

Potomac River, Charles County, MD,--Mount Vernon Safety Zone

    All waters of the Potomac River within a 300 yard radius of the 
fireworks launch site near the Mount Vernon Estate, in Fairfax County, 
Virginia, located at latitude 38[deg]42'24'' N, longitude 
077[deg]04'56'' W.

Potomac River, National Harbor, MD, Safety Zone

    All waters of the Potomac River within an area bound by a line 
drawn from the following points: latitude 38[deg]47'18'' N, longitude 
077[deg]01'01'' W; thence to latitude 38[deg]47'11'' N, longitude 
077[deg]01'26'' W; thence to latitude 38[deg]47'25'' N, longitude 
077[deg]01'33'' W; thence to latitude 38[deg]47'32'' N, longitude 
077[deg]01'08'' W; thence to the point of origin, located at National 
Harbor, Maryland.

Patuxent River, Calvert County, MD, Safety Zone

    All waters of the Patuxent River within a 280 yard radius of the 
fireworks barge in approximate position latitude 38[deg]19'06.6' N, 
longitude 076[deg]26'10.1''; W, approximately 1450 yards west of Drum 
Point, MD.

Patuxent River, Solomons Island, Calvert County, MD Safety Zone

    All waters of the Patuxent River within a 400 yard radius of the 
fireworks barge located at latitude 38[deg]19'03'' N, longitude 
076[deg]26'07.6'' W.

Appomattox River, Hopewell, VA, Safety Zone

    All waters of the Appomattox River within a 400 yard radius of the 
fireworks barge in approximate position latitude 37[deg]19'11'' N, 
longitude 077[deg]16'55 ' W.

John H. Kerr Reservoir, Clarksville, VA, Safety Zone

    All waters of John H. Kerr Reservoir within a 400 yard radius of 
approximate position latitude 36[deg]37'51'' N, longitude 
078[deg]32'50'' W, located near the south end of the State Route 15 
Highway Bridge.

Chesapeake Bay, Hampton, VA, Safety Zone

    All waters of the Chesapeake Bay within a 350 yard radius of 
approximate position latitude 37[deg]02'23'' N, longitude 
076[deg]17'22'' W, located near Buckroe Beach.

Atlantic Ocean, VA Beach, VA, Safety Zone. B

    All waters of the Atlantic Ocean within a 350 yard radius of 
approximate position latitude 36[deg]50'35'' N, longitude 
075[deg]58'09'' W, located on the 14th Street Fishing Pier.

Atlantic Ocean, VA Beach, VA, Safety Zone. C

    All waters of the Atlantic Ocean within a 350 yard radius of 
approximate position latitude 36[deg]49'55'' N, longitude 
075[deg]58'00'' W, located off the beach between 2nd and 6th streets.

Nansemond River, Suffolk, VA, Safety Zone

    All waters of the Nansemond River within a 350 yard radius of 
approximate position latitude 36[deg]44'27'' N, longitude 
076[deg]34'42'' W, located near Constant's Wharf in Suffolk, VA.

James River, Williamsburg, VA, Safety Zone

    All waters of the James River within a 350 yard radius of 
approximate position latitude 37[deg]13'23.3'' N, longitude 
076[deg]40'11.8''; W, located near Kingsmill Resort.

Motts Channel, Banks Channel, Wrightsville Beach, NC, Safety Zone

    All waters of Motts Channel within a 500-yard radius of the 
fireworks launch site in approximate position latitude 34[deg]12'42'' 
N, longitude 077[deg]48'26'' W, located southwest of Harbor Island.

New River, Jacksonville, NC, Safety Zone

    All waters of the New River within a 300-yard radius of the 
fireworks launch site in approximate position latitude 34[deg]44'45'' 
N, longitude 077[deg]26'18'' W, approximately one half mile south of 
the Hwy 17 Bridge, Jacksonville, North Carolina.
    (b) The Coast Guard proposes to revise regulations at 33 CFR 
165.506 by modifying 4 existing permanent safety zone locations as 
follows. All coordinates listed for the following safety zones 
reference Datum NAD 1983.

Potomac River, Charles County, MD, Safety Zone

    All waters of the Potomac River within a 300-yard radius of the 
fireworks barge in approximate position latitude 38[deg]20'18'' N, 
longitude 077[deg]15'00'' W, approximately 700-yards north of the 
shoreline at Fairview Beach, Virginia.

[[Page 20226]]

Northwest Harbor (West Channel) Patapsco River, MD, Safety Zone

    All waters of the Patapsco River within a 300-yard radius of the 
fireworks barge in approximate position latitude 39[deg]16'21'' N, 
longitude 076[deg]34'38'' W, located adjacent to the West Channel of 
Northwest Harbor.

Delaware River, Essington, PA, Safety Zone

    All the waters of the Delaware River near Essington, PA, west of 
Little Tinicum Island within a 250-yard radius of the fireworks barge 
located in the approximate position latitude 39[deg]51'18'' N, 
longitude 075[deg]18'57'' W.

Atlantic Ocean, Virginia Beach, VA, Safety Zone. A

    All waters of the Atlantic Ocean within a 360-yard radius of the 
center located near the shoreline at approximate position latitude 
36[deg]51'12'' N, longitude 075[deg]58'23'' W, located off the beach 
between 24th and 25th streets.

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. This finding 
is based on the short amount of time that vessels would be restricted 
from the zones, and the small zone sizes positioned in low vessel 
traffic areas. Vessels would not be precluded from getting underway, or 
mooring at any piers or marinas currently located in the vicinity of 
the proposed safety zones. Advance notifications would also be made to 
the local maritime community by issuing Local Notice to Mariners, 
Marine information and facsimile broadcasts so mariners can adjust 
their plans accordingly. Notifications to the public for most events 
will usually be made by local newspapers, radio and TV stations. The 
Coast Guard anticipates that these safety zones will only be enforced 2 
to 3 times per year.

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 will affect the following entities 
some of which may be small entities: The owners and operators of 
vessels intending to transit or anchor in the proposed safety zones 
during the times these zones are enforced.
    These proposed safety zones will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The enforcement period will be short in duration and in many 
of the zones vessels can transit safely around the safety zones. 
Generally, blanket permission to enter, remain in, or transit through 
these safety zones will be given except during the period that the 
Coast Guard patrol vessel is present. Before the enforcement period, we 
will issue maritime advisories widely.
    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 1-888-REG-FAIR (1-888-734-3247). 
The Coast Guard will not retaliate against small entities that question 
or complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This 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 affect 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

[[Page 20227]]

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 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 Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List supporting this determination is 
available in the docket where indicated under the ``public 
Participation and Request for Comments'' section of this preamble. We 
seek any comments or information that may lead to discovery of a 
significant environmental impact from the proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

Words of Issuance and Proposed Regulatory Text

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165-- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Revise Sec.  165.506 to read as follows:


Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks 
Displays.

    (a) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) The following regulations apply to the fireworks safety zones 
listed in the Table to Sec.  165.506. These regulations will be 
effective annually, for the duration of each fireworks event listed in 
the Table to Sec.  165.506. In the case of inclement weather the event 
may be conducted on the day following the date listed in the Table to 
Sec.  165.506. Annual notice of the exact dates and times of the 
effective period of the regulation with respect to each safety zone, 
the geographical area, and other details concerning the nature of the 
fireworks event will be published in Local Notices to Mariners and via 
Broadcast Notice to Mariners over VHF-FM marine band radio.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. Those personnel are comprised of commissioned, warrant, and 
petty officers of the U.S. Coast Guard. Other Federal, State and local 
agencies may assist these personnel in the enforcement of the safety 
zone. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed 
as directed.
    (b) Notification. (1) Fireworks barges and launch sites on land 
that operate within the regulated areas contained in the Table to Sec.  
165.506 will have a sign affixed to the port and starboard side of the 
barge or mounted on a post 3 foot above ground level when on land 
immediately adjacent to the shoreline and facing the water labeled 
``FIREWORKS--DANGER--STAY AWAY''. This will provide on scene notice 
that the safety zone will be enforced on that day. This notice will 
consist of a diamond shaped sign 4 foot by 4 foot with a 3-inch orange 
retro reflective border. The word ``DANGER'' shall be 10 inch black 
block letters centered on the sign with the words ``FIREWORKS'' and 
``STAY AWAY'' in 6 inch black block letters placed above and below the 
word ``DANGER'' respectively on a white background.
    (2) Coast Guard Captains of the Port in the Fifth Coast Guard 
District will notify the public of the enforcement of these safety 
zones by all appropriate means to effect the widest publicity among the 
affected segments of the public. Publication in the Local Notice to 
Mariners, marine information broadcasts, and facsimile broadcasts may 
be made for these events, beginning 24 to 48 hours before the event is 
scheduled to begin, to notify the public.
    (c) Contact Information. Questions about safety zones and related 
events should be addressed to the local Coast Guard Captain of the Port 
for the area in which the event is occurring. Contact information is 
listed below. For a description of the geographical area of each Coast 
Guard Sector--Captain of the Port zone, please see 33 CFR 3.25.
    (1) Coast Guard Sector Delaware Bay--Captain of the Port Zone, 
Philadelphia, Pennsylvania: (215) 271-4944.
    (2) Coast Guard Sector Baltimore--Captain of the Port Zone, 
Baltimore, Maryland: (410) 576-2525.
    (3) Coast Guard Sector Hampton Roads--Captain of the Port Zone, 
Norfolk, Virginia: (757) 483-8567.
    (4) Coast Guard Sector North Carolina--Captain of the Port Zone, 
Atlantic Beach, North Carolina: (252) 247-4545.
    (5) Coast Guard Marine Safety Unit Wilmington--Cape Fear River 
Captain of the Port Zone, Wilmington, North Carolina: (910) 772-2200.
    (d) Enforcement Period. The safety zones in the Table to Sec.  
165.506 will be enforced from 5:30 p.m. to 1 a.m. each day a barge with 
a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port and starboard side 
is on-scene or a ``FIREWORKS--DANGER--STAY AWAY'' sign is posted on 
land adjacent to the shoreline, in a location listed in the Table to 
Sec.  165.506. Vessels may not enter, remain in, or transit through the 
safety zones during these enforcement periods unless authorized by the 
Captain of the Port or designated Coast Guard patrol personnel on 
scene.

[[Page 20228]]



  Table to Sec.   165.506.--All Coordinates Listed in the Table to Sec.
                    165.506 Reference Datum NAD 1983
------------------------------------------------------------------------
         No. and date                Location          Regulated area
------------------------------------------------------------------------
               Coast Guard Sector Delaware Bay--COTP Zone
------------------------------------------------------------------------
1. July 4th...................  North Atlantic     The waters of the
                                 Ocean, Bethany     North Atlantic Ocean
                                 Beach, DE,         within a 500 yard
                                 Safety Zone.       radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]32[min]17.8[s
                                                    ec] N, longitude
                                                    075[deg]02[min]59.1[
                                                    sec] W, adjacent to
                                                    shoreline of Bethany
                                                    Beach, DE.
2. Labor Day..................  Indian River Bay,  All waters of the
                                 DE, Safety Zone.   Indian River Bay
                                                    within a 360 yard
                                                    radius of the
                                                    fireworks launch
                                                    location on the pier
                                                    in approximate
                                                    position latitude
                                                    38[deg]36[min]42[sec
                                                    ] N, longitude
                                                    075[deg]08[min]18[se
                                                    c] W, about 700
                                                    yards east of Pots
                                                    Net Point, DE.
3. July 4th...................  Atlantic Ocean,    All waters of the
                                 Rehoboth Beach,    Atlantic Ocean
                                 DE, Safety Zone.   within a 360 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]43[min]01.2[s
                                                    ec] N, longitude
                                                    075[deg]04[min]21[se
                                                    c] W, approximately
                                                    400 yards east of
                                                    Rehoboth Beach, DE.
4. July 4th...................  North Atlantic     The waters of the
                                 Ocean, Avalon,     North Atlantic Ocean
                                 NJ, Safety Zone.   within a 500 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate location
                                                    latitude
                                                    39[deg]05[min]31[sec
                                                    ] N, longitude
                                                    074[deg]43[min]00[se
                                                    c] W, in the
                                                    vicinity of the
                                                    shoreline at Avalon,
                                                    NJ.
5. July 4th, September--2nd     Barnegat Bay,      The waters of
 Saturday.                       Barnegat           Barnegat Bay within
                                 Township, NJ,      a 500 yard radius of
                                 Safety Zone.       the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]44[min]50[sec
                                                    ] N, longitude
                                                    074[deg]11[min]21[se
                                                    c] W, approximately
                                                    500 yards north of
                                                    Conklin Island, NJ.
6. July 4th...................  North Atlantic     The waters of the
                                 Ocean, Cape May,   North Atlantic Ocean
                                 NJ, Safety Zone.   within a 500 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate location
                                                    latitude
                                                    38[deg]55[min]36[sec
                                                    ] N, longitude
                                                    074[deg]55[min]26[se
                                                    c] W, immediately
                                                    adjacent to the
                                                    shoreline at Cape
                                                    May, NJ.
7. July 3rd...................  Delaware Bay,      All waters of the
                                 North Cape May,    Delaware Bay within
                                 NJ, Safety Zone.   a 500 yard radius of
                                                    the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    38[deg]58[min]00[sec
                                                    ] N, longitude
                                                    074[deg]58[min]30[se
                                                    c] W.
8. August--3rd Sunday.........  Great Egg Harbor   All waters within a
                                 Inlet, Margate     500 yard radius of
                                 City, NJ, Safety   the fireworks barge
                                 Zone.              in approximate
                                                    location latitude
                                                    39[deg]19[min]32.50[
                                                    sec] N, longitude
                                                    074[deg]31[min]27.54
                                                    [sec] W, on the
                                                    Intracoastal
                                                    Waterway near
                                                    Margate City, NJ.
9. July 4th...................  North Atlantic     The waters of the
                                 Ocean, Ocean       North Atlantic Ocean
                                 City, NJ, Safety   within a 500 yard
                                 Zone.              radius of the
                                                    fireworks barge in
                                                    approximate location
                                                    latitude
                                                    39[deg]16[min]22[sec
                                                    ] N, longitude
                                                    074[deg]33[min]54[se
                                                    c] W, approximately
                                                    500 yards east of
                                                    the shoreline at
                                                    Ocean City, NJ.
10. May--4th Saturday.........  Barnegat Bay,      All waters of
                                 Ocean Township,    Barnegat Bay within
                                 NJ, Safety Zone.   a 500 yard radius of
                                                    the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]47[min]33[sec
                                                    ] N, longitude
                                                    074[deg]10[min]46[se
                                                    c] W.
11. July 4th..................  Little Egg         All waters of Little
                                 Harbor, Parker     Egg Harbor within a
                                 Island, NJ,        500 yard radius of
                                 Safety Zone.       the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]34[min]18[sec
                                                    ] N, longitude
                                                    074[deg]14[min]43[se
                                                    c] W, approximately
                                                    100 yards north of
                                                    Parkers Island.
12. September--3rd Saturday...  Delaware River,    All waters of the
                                 Chester, PA,       Delaware River near
                                 Safety Zone.       Chester, PA, just
                                                    south of the
                                                    Commodore Barry
                                                    Bridge within a 250
                                                    yard radius of the
                                                    fireworks barge
                                                    located in
                                                    approximate position
                                                    latitude
                                                    39[deg]49[min]43.2[s
                                                    ec] N, longitude
                                                    075[deg]22[min]42[se
                                                    c] W.
13. September--3rd Saturday...  Delaware River,    All the waters of the
                                 Essington, PA,     Delaware River near
                                 Safety Zone.       Essington, PA, west
                                                    of Little Tinicum
                                                    Island within a 250
                                                    yard radius of the
                                                    fireworks barge
                                                    located in the
                                                    approximate position
                                                    latitude
                                                    39[deg]51[min]18[sec
                                                    ] N, longitude
                                                    075[deg]18[min]57[se
                                                    c] W.
14. September--3rd Saturday...  Delaware River,    All waters of the
                                 Marcus Hook, PA,   Delaware River near
                                 Safety Zone.       Marcus Hook, PA,
                                                    adjacent to the
                                                    Marcus Hook
                                                    Municipal Park, in
                                                    approximate position
                                                    latitude
                                                    39[deg]48[min]40.2[s
                                                    ec] N, longitude
                                                    075[deg]24[min]36.6[
                                                    sec] W.
15. July 4th, Columbus Day,     Delaware River,    All waters of
 December 31st, January 1st.     Philadelphia,      Delaware River,
                                 PA, Safety Zone.   adjacent to Penns
                                                    Landing,
                                                    Philadelphia, PA,
                                                    bounded from
                                                    shoreline to
                                                    shoreline, bounded
                                                    on the south by a
                                                    line running east to
                                                    west from points
                                                    along the shoreline
                                                    at latitude
                                                    39[deg]56[min]31.2[s
                                                    ec] N, longitude
                                                    075[deg]08[min]28.1[
                                                    sec] W; thence to
                                                    latitude
                                                    39[deg]56[min]29.1[s
                                                    ec] N, longitude
                                                    075[deg]07[min]56.5[
                                                    sec] W, and bounded
                                                    on the north by the
                                                    Benjamin Franklin
                                                    Bridge.
------------------------------------------------------------------------
                 Coast Guard Sector Baltimore--COTP Zone
------------------------------------------------------------------------
16. April--1st Saturday.......  Washington         All waters of the
                                 Channel, Upper     Upper Potomac River
                                 Potomac River,     within a 150 yard
                                 Washington, DC,    radius of the
                                 Safety Zone.       fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]52[min]09[sec
                                                    ] N, longitude
                                                    077[deg]01[min]13[se
                                                    c] W, located within
                                                    the Washington
                                                    Channel in
                                                    Washington Harbor,
                                                    DC.
17. July 4th, December--1st     Severn River and   All waters of the
 and 2nd Saturday, December      Spa Creek,         Severn River and Spa
 31st.                           Annapolis, MD,     Creek within an area
                                 Safety Zone.       bounded by a line
                                                    drawn from latitude
                                                    38[deg]58[min]39.6[s
                                                    ec] N, longitude
                                                    076[deg]28[min]49[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]58[min]41[sec
                                                    ] N, longitude
                                                    076[deg]28[min]14[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]59[min]01[sec
                                                    ] N, longitude
                                                    076[deg]28[min]37[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]58[min]57[sec
                                                    ] N, longitude
                                                    076[deg]28[min]40[se
                                                    c] W, located near
                                                    the entrance to Spa
                                                    Creek in Annapolis,
                                                    Maryland.

[[Page 20229]]

 
18. Saturday before             Middle River,      All waters of the
 Independence Day holiday.       Baltimore          Middle River within
                                 County, MD,        a 300 yard radius of
                                 Safety Zone.       the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]17[min]45[sec
                                                    ] N, longitude
                                                    076[deg]23[min]49[se
                                                    c] W, approximately
                                                    300 yards east of
                                                    Rockaway Beach, near
                                                    Turkey Point.
19. July 4th, December 31st...  Patapsco River     All waters of the
                                 (Middle Branch),   Patapsco River,
                                 Baltimore, MD,     Middle Branch,
                                 Safety Zone.       within an area bound
                                                    by a line drawn from
                                                    the following
                                                    points: latitude
                                                    39[deg]15[min]22[sec
                                                    ] N, longitude
                                                    076[deg]36[min]36[se
                                                    c] W; thence to
                                                    latitude
                                                    39[deg]15[min]10[sec
                                                    ] N, longitude
                                                    076[deg]36[min]00[se
                                                    c] W; thence to
                                                    latitude
                                                    39[deg]15[min]40[sec
                                                    ] N, longitude
                                                    076[deg]35[min]23[se
                                                    c] W; thence to
                                                    latitude
                                                    39[deg]15[min]49[sec
                                                    ] N, longitude
                                                    076[deg]35[min]47[se
                                                    c] W; thence to the
                                                    point of origin,
                                                    located
                                                    approximately 600
                                                    yards east of
                                                    Hanover Street (SR-
                                                    2) Bridge.
20. June 14th, July 4th,        Northwest Harbor   All waters of the
 September--2nd Saturday,        (East Channel),    Patapsco River
 December 31st.                  Patapsco River,    within a 300 yard
                                 MD, Safety Zone.   radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    39[deg]15[min]55[sec
                                                    ] N,
                                                    076[deg]34[min]35[se
                                                    c] W, located
                                                    adjacent to the East
                                                    Channel of Northwest
                                                    Harbor.
21. May--3rd Friday, July 4th,  Baltimore Inner    All waters of the
 December 31st.                  Harbor, Patapsco   Patapsco River
                                 River, MD,         within a 150 yard
                                 Safety Zone.       radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]16[min]55[sec
                                                    ] N, longitude
                                                    076[deg]36[min]17[se
                                                    c] W, located at the
                                                    entrance to
                                                    Baltimore Inner
                                                    Harbor,
                                                    approximately 150
                                                    yards southwest of
                                                    pier 6.
22. May--3rd Friday, July 4th,  Baltimore Inner    The waters of the
 December 31st.                  Harbor, Patapsco   Patapsco River
                                 River, MD,         within a 100 yard
                                 Safety Zone.       radius of
                                                    approximate position
                                                    latitude
                                                    39[deg]17[min]03[sec
                                                    ] N, longitude
                                                    076[deg]36[min]36[se
                                                    c] W, located in
                                                    Baltimore Inner
                                                    Harbor,
                                                    approximately 150
                                                    yards southeast of
                                                    pier 1.
23. July 4th, December 31st...  Northwest Harbor   All waters of the
                                 (West Channel)     Patapsco River
                                 Patapsco River,    within a 300 yard
                                 MD, Safety Zone.   radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]16[min]21[sec
                                                    ] N, longitude
                                                    076[deg]34[min]38[se
                                                    c] W, located
                                                    adjacent to the West
                                                    Channel of Northwest
                                                    Harbor.
24. July 4th..................  Patuxent River,    All waters of the
                                 Calvert County,    Patuxent River
                                 MD, Safety Zone.   within a 280 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]19[min]06.6[s
                                                    ec] N, longitude
                                                    076[deg]26[min]10.1[
                                                    sec] W,
                                                    approximately 1450
                                                    yards west of Drum
                                                    Point, MD.
25. July 4th..................  Patuxent River,    All waters of the
                                 Solomons Island,   Patuxent River
                                 Calvert County,    within a 400 yard
                                 MD, Safety Zone.   radius of the
                                                    fireworks barge
                                                    located at latitude
                                                    38[deg]19[min]03[sec
                                                    ] N, longitude
                                                    076[deg]26[min]07.6[
                                                    sec] W.
26. July 4th..................  Patuxent River,    All waters of
                                 Solomons Island,   Patuxent River
                                 MD, Safety Zone.   within a 300 yard
                                                    radius of the
                                                    fireworks barge in
                                                    an area bound by the
                                                    following points:
                                                    latitude
                                                    38[deg]19[min]42[sec
                                                    ] N, longitude
                                                    076[deg]28[min]02[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]19[min]26[sec
                                                    ] N, longitude
                                                    076[deg]28[min]18[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]18[min]48[sec
                                                    ] N, longitude
                                                    076[deg]27[min]42[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]19[min]06[sec
                                                    ] N, longitude
                                                    076[deg]27[min]25[se
                                                    c] W; thence to the
                                                    point of origin,
                                                    located near
                                                    Solomons Island, MD.
27. July 4th..................  Chester River,     All waters of the
                                 Kent Island        Chester River,
                                 Narrows, MD,       within an area bound
                                 Safety Zone.       by a line drawn from
                                                    the following
                                                    points: latitude
                                                    38[deg]58[min]50[sec
                                                    ] N, longitude
                                                    076[deg]15[min]00[se
                                                    c] W; thence north
                                                    to latitude
                                                    38[deg]59[min]00[sec
                                                    ] N, longitude
                                                    076[deg]15[min]00[se
                                                    c] W; thence east to
                                                    latitude
                                                    38[deg]59[min]00[sec
                                                    ] N, longitude
                                                    076[deg]14[min]46[se
                                                    c] W; thence
                                                    southeast to
                                                    latitude
                                                    38[deg]58[min]50[sec
                                                    ] N, longitude
                                                    076[deg]14[min]28[se
                                                    c] W; thence
                                                    southwest to
                                                    latitude
                                                    38[deg]58[min]37[sec
                                                    ] N, longitude
                                                    076[deg]14[min]36[se
                                                    c] W, thence
                                                    northwest to
                                                    latitude
                                                    38[deg]58[min]42[sec
                                                    ] N, longitude
                                                    076[deg]14[min]55[se
                                                    c] W, thence to the
                                                    point of origin,
                                                    located
                                                    approximately 900
                                                    yards north of Kent
                                                    Island Narrows (US-
                                                    50/301) Bridge.
28. July 3rd..................  Chesapeake Bay,    All waters of the
                                 Chesapeake         Chesapeake Bay
                                 Beach, MD,         within a 150 yard
                                 Safety Zone.       radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]41[min]33[sec
                                                    ] N, longitude
                                                    076[deg]31[min]48[se
                                                    c] W, located near
                                                    Chesapeake Beach,
                                                    Maryland.
29. July 4th..................  Choptank River,    All waters of the
                                 Cambridge, MD,     Choptank River
                                 Safety Zone.       within a 300 yard
                                                    radius of the
                                                    fireworks launch
                                                    site at Great Marsh
                                                    Point, located at
                                                    latitude
                                                    38[deg]35[min]06[sec
                                                    ] N, longitude
                                                    076[deg]04[min]46[se
                                                    c] W.
30. July--2nd and last          Potomac River,     All waters of the