Safety Zones; Fireworks Displays Within the Sector Delaware Bay Captain of the Port Zone, 37829-37833 [E8-15045]
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Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations
37829
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zone on VHF–16 or the 24hour Command Center via telephone at
(415) 399–3547.
(d) Effective period. This section is
effective from 8:30 p.m. through 10 p.m.
on July 4, 2008.
FOR FURTHER INFORMATION CONTACT:
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: June 20, 2008.
D.J. Swatland,
Captain, U.S. Coast Guard, Acting Captain
of the Port San Francisco.
[FR Doc. E8–14989 Filed 7–1–08; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule, publishing an
NPRM would be impracticable and
contrary to public interest since
immediate action is needed to minimize
potential danger to the public during
this safety zone. The Coast Guard will
issue a broadcast notice to mariners to
advise mariners of the restriction and on
scene Coast Guard and local law
enforcement assets will also provide
notice to mariners.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the public interest,
because immediate action is needed to
ensure the safety of the event. However,
notifications will be made to users of
the effected areas via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers. Safety zones are
enforced during fireworks displays in
order to prevent personal injury to
mariners and damage to vessel traffic as
a result of burning debris in the secured
fallout area. Coast Guard assets and the
on scene patrol commander serve to
protect mariners on the navigable
waterways during these permitted
marine events.
Instruction, from further environmental
documentation.
A final environmental analysis
checklist and a final categorical
exclusion determination will be
available in the docket under
ADDRESSES.
List of Subjects in 33 CFR Part 165
I
BILLING CODE 9110–04–P
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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
33 CFR Part 165
2. Add temporary § 165–T11–048 to
read as follows:
§ 165–T11–048 Safety Zone; City of
Martinez Fourth of July Fireworks Display,
Martinez, CA.
Safety Zones; Fireworks Displays
Within the Sector Delaware Bay
Captain of the Port Zone
AGENCY:
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I
(a) Location. The temporary safety
zone is on specified waters of Carquinez
Straits. The safety zone will apply to the
navigable waters around fireworks site
within a radius of 500 feet. The
fireworks launch site is on the shoreline
of Martinez and will be located in
position 38°01′32″ N, 122°08′24″ W
(NAD83).
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
regulations in § 165.23, entry into,
transiting, or anchoring within this
safety zone is prohibited unless
authorized by the COTP or the COTP’s
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
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[Docket No. USCG–2008–0590]
RIN 1625–AA00
ACTION:
Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard will
establish several safety zones for
fireworks displays at various locations
within the geographic boundary of the
Sector Delaware Bay Captain of the Port
Zone. 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
Captain of the Port.
DATES: This rule is effective from July 3,
2008 through September 6, 2008.
ADDRESSES: 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 USCG–2008–0590 and are
available online at www.regulations.gov.
This material is also available for
inspection or copying at two locations:
the 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays, and Coast
Guard Sector Delaware Bay, One
Washington Avenue, Philadelphia,
Pennsylvania 19147 between 7:30 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
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If
you have questions on this temporary
rule, call MST2 Jan-Michael Myers,
Waterways Management Division, at
(215) 271–4889. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Each year organizations in the Sector
Delaware Bay Captain of the Port Zone
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
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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. Seven locations require the
establishment of safety zones. These
locations are the following: 1. North
Atlantic Ocean, Bethany Beach, DE; 2.
North Atlantic Ocean, Avalon, NJ; 3.
Barnegat Bay, Barnegat Township, NJ; 4.
North Atlantic Ocean, Cape May, NJ; 5.
Great Egg Harbor Inlet, Margate City, NJ;
6. North Atlantic Ocean, Ocean City, NJ;
7. Metedeconk River, Brick Township,
NJ.
The Coast Guard Captain of the Port
would give notice of the enforcement of
each safety zone by all appropriate
mean to provide the widest publicity
among 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.
This rule is to provide for the safety
of life on navigable waters during the
events and to give the marine
community adequate notice of the
specific locations and times for each
event.
Discussion of Rule
The Coast Guard revises the
regulations by adding the following
seven temporary safety zone locations.
All coordinates listed for the following
safety zones reference Datum NAD
1983.
North Atlantic Ocean, Bethany Beach,
DE, Safety Zone
The waters of the North Atlantic
Ocean within a 500 yard radius of the
fireworks launch platform in
approximate position latitude 38°32′08″
N, longitude 075°03′15″ W, on the
shoreline at Bethany Beach, DE.
North Atlantic Ocean, Avalon, NJ,
Safety Zone
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The waters of the North Atlantic
Ocean within a 500 yard radius of the
fireworks barge in approximate position
latitude 39°05′31″ N, longitude
074°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°44′50″ N, longitude 074°11′21″ W,
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approximately 70 yards north of
Conklin Island, NJ.
Small Entities
The waters of the Metedeconk River
within a 300 yard radius of the
fireworks launch platform in
approximate position latitude 40°03′24″
N, longitude 074°06′42″ W, on the
shoreline at Brick Township, NJ.
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 rule will 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 operator of
vessels intending to transit or anchor in
the safety zones during the times these
zones are enforced.
These safety zones will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The enforcement
periods 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.
Regulatory Analyses
Assistance for Small Entities
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 position
latitude 38°55′36″ N, longitude
074°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
position latitude 39°19′33″ N, longitude
074°31′28″ 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 position
latitude 39°16′22″ N, longitude
074°33′54″ W, in the vicinity of the
shoreline at Ocean City, NJ.
Metedeconk River, Brick Township, NJ,
Safety Zone
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. Although this regulation restricts
vessel traffic from transiting a small
segments of coastal waters and the
intracoastal waterway, the effect of this
regulation will not be significant due to
the limited durations that the regulated
areas will be in effect and the extensive
advance notifications that will be made
to the maritime community via marine
information broadcasts and area
newspapers so mariners can adjust their
plans accordingly.
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Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 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 rule calls for no new collection
of information under the Paperwork
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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 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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This 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 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 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 create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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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Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
37831
requirements, Security measures, and
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 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:
I
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. Add temporary 165.T05–001, to
read as follows:
I
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.
§ 165.T05–001 North Atlantic Ocean,
Bethany Beach, DE, Safety Zone.
(a) Location. The following area is a
temporary safety zone: The waters of the
North Atlantic Ocean within a 500 yard
radius of the fireworks launch platform
in approximate location latitude
38°32′08″ N, longitude 075°03′15″ W, on
the shoreline of Bethany Beach, DE.
(b) Effective Period. The effective
period for this event is on July 4, 2008
from 9 p.m. to 9:30 p.m.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) No person or vessel may enter or
navigate within this safety zone unless
authorized to do so by the Coast Guard
or designated representatives. Any
person or vessel authorized to enter the
safety zone must operate in strict
conformance with any directions given
by the Coast Guard or designated
representative and leave the safety zone
immediately if the Coast Guard or
designated representative so orders.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF marine band radio, channels 13
and 16. The Captain of the Port can be
contacted at (215) 271–4807.
(3) The Captain of the Port will notify
the public of any changes in the status
of this safety zone by Marine Safety
Radio Broadcast on VHF–FM marine
band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay or any Coast Guard
commissioned warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
I 3. Add temporary § 165.T05–002, to
read as follows:
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded, under the
Instruction, that there are no factors in
this case that would limit the use of a
categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, an environmental analysis
checklist and a categorical exclusion
determination are not required for this
rule because the included events are all
of very short duration lasting only 2
hours or less each.
List of Subjects in 33 CFR Part 165
§ 165.T05–002 North Atlantic Ocean,
Avalon, NJ, Safety Zone.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
(a) Location. The following area is a
temporary safety zone: The waters of the
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North Atlantic Ocean within a 500 yard
radius of the fireworks barge in
approximate location latitude 39°05′31″
N, longitude 074°43′00″ W, in the
vicinity of the shoreline at Avalon, NJ.
(b) Effective Period. The effective
period for this event is on July 5, 2008
from 8 p.m. to 10 p.m.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) No person or vessel may enter or
navigate within this safety zone unless
authorized to do so by the Coast Guard
or designated representatives. Any
person or vessel authorized to enter the
safety zone must operate in strict
conformance with any directions given
by the Coast Guard or designated
representative and leave the safety zone
immediately if the Coast Guard or
designated representative so orders.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF marine band radio, channels 13
and 16. The Captain of the Port can be
contacted at (215) 271–4807.
(3) The Captain of the Port will notify
the public of any changes in the status
of this safety zone by Marine Safety
Radio Broadcast on VHF–FM marine
band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay or any Coast Guard
commissioned warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
I 4. Add temporary § 165.T05–003, to
read as follows:
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§ 165.T05–003 Barnegat Bay, Barnegat
Township, NJ, Safety Zone.
(a) Location. The following area is a
temporary safety zone: The waters of
Barnegat Bay within a 500 yard radius
of the fireworks barge in approximate
position latitude 39°44′50″ N, longitude
074°11′21″ W, approximately 70 yards
north of Conklin Island, NJ.
(b) Effective Period. The effective
period for this event is on July 4, 2008
from 9:15 p.m. to 9:45 p.m.; and on
September 6, 2008 from 9 p.m. to 9:30
p.m.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) No person or vessel may enter or
navigate within this safety zone unless
authorized to do so by the Coast Guard
or designated representatives. Any
person or vessel authorized to enter the
safety zone must operate in strict
conformance with any directions given
by the Coast Guard or designated
representative and leave the safety zone
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immediately if the Coast Guard or
designated representative so orders.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF marine band radio, channels 13
and 16. The Captain of the Port can be
contacted at (215) 271–4807.
(3) The Captain of the Port will notify
the public of any changes in the status
of this safety zone by Marine Safety
Radio Broadcast on VHF-FM marine
band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay or any Coast Guard
commissioned warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
I 5. Add temporary § 165.T05–004, to
read as follows:
§ 165.T05–004 North Atlantic Ocean, Cape
May, NJ, Safety Zone.
(a) Location. The following area is a
temporary safety zone: The waters of the
North Atlantic Ocean within a 500 yard
radius of the fireworks barge in
approximate position latitude 38°55′36″
N, longitude 074°55′26″ W, immediately
adjacent to the shoreline at Cape May,
NJ.
(b) Effective Period. The effective
period for this event is on July 4, 2008
from 9 p.m. to 9:30 p.m.; with a rain
date of July 5, 2008.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) No person or vessel may enter or
navigate within this safety zone unless
authorized to do so by the Coast Guard
or designated representatives. Any
person or vessel authorized to enter the
safety zone must operate in strict
conformance with any directions given
by the Coast Guard or designated
representative and leave the safety zone
immediately if the Coast Guard or
designated representative so orders.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF marine band radio, channels 13
and 16. The Captain of the Port can be
contacted at (215) 271–4807.
(3) The Captain of the Port will notify
the public of any changes in the status
of this safety zone by Marine Safety
Radio Broadcast on VHF–FM marine
band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay or any Coast Guard
commissioned warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
I 6. Add temporary § 165.T05–005, to
read as follows:
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§ 165.T05–005 Great Egg Harbor Inlet,
Margate City, NJ, Safety Zone.
(a) Location. The following area is a
temporary safety zone: All waters
within a 500 yard radius of the
fireworks barge in approximate position
latitude 39°19′33″ N, longitude
074°31′28″ W, on the Intracoastal
Waterway near Margate City, NJ.
(b) Effective Period. The effective
period for this event is on August 24,
2008 from 8:30 p.m. to 10:30 p.m.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) No person or vessel may enter or
navigate within this safety zone unless
authorized to do so by the Coast Guard
or designated representatives. Any
person or vessel authorized to enter the
safety zone must operate in strict
conformance with any directions given
by the Coast Guard or designated
representative and leave the safety zone
immediately if the Coast Guard or
designated representative so orders.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF marine band radio, channels 13
and 16. The Captain of the Port can be
contacted at (215) 271–4807.
(3) The Captain of the Port will notify
the public of any changes in the status
of this safety zone by Marine Safety
Radio Broadcast on VHF–FM marine
band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay or any Coast Guard
commissioned warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
I 7. Add temporary § 165.T05–006, to
read as follows:
§ 165.T05–006 North Atlantic Ocean,
Ocean City, NJ, Safety Zone.
(a) Location. The following area is a
temporary safety zone: The waters of the
North Atlantic Ocean within a 500 yard
radius of the fireworks barge in
approximate position latitude 39°16′22″
N, longitude 074°33′54″ W, in the
vicinity of the shoreline at Ocean City,
NJ.
(b) Effective Period. The effective
period for this event is on July 4, 2008
from 9 p.m. to 9:15 p.m.; with a rain
date of July 5, 2008.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) No person or vessel may enter or
navigate within this safety zone unless
authorized to do so by the Coast Guard
or designated representatives. Any
person or vessel authorized to enter the
E:\FR\FM\02JYR1.SGM
02JYR1
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations
safety zone must operate in strict
conformance with any directions given
by the Coast Guard or designated
representative and leave the safety zone
immediately if the Coast Guard or
designated representative so orders.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF marine band radio, channels 13
and 16. The Captain of the Port can be
contacted at (215) 271–4807.
(3) The Captain of the Port will notify
the public of any changes in the status
of this safety zone by Marine Safety
Radio Broadcast on VHF–FM marine
band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay or any Coast Guard
commissioned warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
I 8. Add temporary § 165.T05–007, to
read as follows:
commissioned warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
Dated: June 19, 2008.
D.L. Scott,
Captain, U.S. Coast Guard, Captain of the
Port Sector Delaware Bay.
[FR Doc. E8–15045 Filed 7–1–08; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA00
Security Zone; USCGC EAGLE, Elliott
Bay, Seattle, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
mstockstill on PROD1PC66 with RULES
ACTION:
(a) Location. The following area is a
temporary safety zone: The waters of the
Metedeconk River within a 300 yard
radius of the fireworks launch platform
in approximate position latitude
40°03′24″ N, longitude 074°06′42″ W, on
the shoreline at Brick Township, NJ.
(b) Effective Period. The effective
periods for this event are on July 3, July
17, July 31, August 14, and August 28,
2008 from 6 p.m. to 10 p.m.; with rain
dates of July 10, July 24, August 7,
August 21, and September 4, 2008,
respectively.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) No person or vessel may enter or
navigate within this safety zone unless
authorized to do so by the Coast Guard
or designated representatives. Any
person or vessel authorized to enter the
safety zone must operate in strict
conformance with any directions given
by the Coast Guard or designated
representative and leave the safety zone
immediately if the Coast Guard or
designated representative so orders.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF marine band radio, channels 13
and 16. The Captain of the Port can be
contacted at (215) 271–4807.
(3) The Captain of the Port will notify
the public of any changes in the status
of this safety zone by Marine Safety
Radio Broadcast on VHF–FM marine
band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay or any Coast Guard
SUMMARY: The U.S. Coast Guard is
establishing a 100 yard temporary
security zone surrounding the USCGC
EAGLE during a reception while
anchored in Elliott Bay, Seattle,
Washington. This security zone is
necessary to ensure the safety of
dignitaries embarked on USCGC EAGLE
for the reception. Entry into, transit
through, mooring, or anchoring within
this zone is prohibited unless
authorized by the Captain of the Port,
Puget Sound or his designated
representatives.
17:12 Jul 01, 2008
Jkt 214001
This rule is effective from 12
noon. (PDT) to 11 p.m. (PDT) on July 2,
2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0558 and are available for inspection or
copying at USCG Sector Seattle,
Waterways Management Division
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning this rule,
call Ensign Heidi A. Bevis, Waterways
Management Division, U.S. Coast Guard
Sector Seattle, at 206–217–6147.
SUPPLEMENTARY INFORMATION:
DATES:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
a NPRM would be contrary to public
interest since immediate action is
necessary to ensure the safety of the
PO 00000
Frm 00059
Fmt 4700
dignitaries that will be on board USCGC
EAGLE on the date and times this rule
will be in effect. If normal notice and
comment procedures were followed,
this rule would not become effective
until after the date of the event.
Under 5 U.S.C. 553(d)(3), the U.S.
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Making this rule effective less
than 30 days after publication is
necessary to ensure the safety of the
dignitaries that will be onboard the
USCGC EAGLE on the date and times
this rule will be in effect.
Background and Purpose
[Docket No. USCG–2008–0558]
§ 165.T05–007 Metedeconk River, Brick
Township, NJ, Safety Zone.
VerDate Aug<31>2005
37833
Sfmt 4700
The U.S. Coast Guard is establishing
a 100 yard temporary security zone
surrounding USCGC EAGLE to provide
for the safety of visiting dignitaries
while on board USCGC EAGLE for a
reception. USCGC EAGLE’s presence in
the Puget Sound is part of the annual
ASTA Pacific Tall Ships Challenge and
the Tacoma Tall Ships 2008 Event. The
U.S. Coast Guard is establishing this
zone to ensure that no unauthorized
vessels or persons enter into the 100
yard area surrounding the USCGC
EAGLE. The security zone is needed to
protect the dignitaries from any
waterborne threats.
Discussion of Rule
This rule will control the movement
of all vessels and persons in a security
zone surrounding USCGC EAGLE as
indicated in section 2 of this Temporary
Final Rule. The security zone includes
all waters within 100 yards surrounding
USCGC EAGLE. The security zone does
not extend on land.
The U.S. Coast Guard through this
action intends to promote the security of
personnel and USCGC EAGLE. Entry
into this zone by all vessels or persons
will be prohibited unless authorized by
the Captain of the Port. This security
zone will be enforced by U.S. Coast
Guard personnel. The Captain of the
Port may be assisted by other federal,
state, or local agencies as needed.
Regulatory Evaluation
This 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. This rule will be in effect for
only 11 hours and vessel traffic can pass
safely around the security zone.
E:\FR\FM\02JYR1.SGM
02JYR1
]]>Agencies
[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37829-37833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15045]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0590]
RIN 1625-AA00
Safety Zones; Fireworks Displays Within the Sector Delaware Bay
Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will establish several safety zones for
fireworks displays at various locations within the geographic boundary
of the Sector Delaware Bay Captain of the Port Zone. 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 Captain of the Port.
DATES: This rule is effective from July 3, 2008 through September 6,
2008.
ADDRESSES: 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 USCG-2008-0590 and are available online at
www.regulations.gov. This material is also available for inspection or
copying at two locations: the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and Coast Guard
Sector Delaware Bay, One Washington Avenue, Philadelphia, Pennsylvania
19147 between 7:30 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call MST2 Jan-Michael Myers, Waterways Management
Division, at (215) 271-4889. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule, publishing an NPRM would be impracticable
and contrary to public interest since immediate action is needed to
minimize potential danger to the public during this safety zone. The
Coast Guard will issue a broadcast notice to mariners to advise
mariners of the restriction and on scene Coast Guard and local law
enforcement assets will also provide notice to mariners.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, because immediate action is needed
to ensure the safety of the event. However, notifications will be made
to users of the effected areas via marine information broadcasts, local
notice to mariners, commercial radio stations and area newspapers.
Safety zones are enforced during fireworks displays in order to prevent
personal injury to mariners and damage to vessel traffic as a result of
burning debris in the secured fallout area. Coast Guard assets and the
on scene patrol commander serve to protect mariners on the navigable
waterways during these permitted marine events.
Background and Purpose
Each year organizations in the Sector Delaware Bay Captain of the
Port Zone 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
[[Page 37830]]
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. Seven
locations require the establishment of safety zones. These locations
are the following: 1. North Atlantic Ocean, Bethany Beach, DE; 2. North
Atlantic Ocean, Avalon, NJ; 3. Barnegat Bay, Barnegat Township, NJ; 4.
North Atlantic Ocean, Cape May, NJ; 5. Great Egg Harbor Inlet, Margate
City, NJ; 6. North Atlantic Ocean, Ocean City, NJ; 7. Metedeconk River,
Brick Township, NJ.
The Coast Guard Captain of the Port would give notice of the
enforcement of each safety zone by all appropriate mean to provide the
widest publicity among 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.
This rule is to provide for the safety of life on navigable waters
during the events and to give the marine community adequate notice of
the specific locations and times for each event.
Discussion of Rule
The Coast Guard revises the regulations by adding the following
seven temporary safety zone locations. All coordinates listed for the
following safety zones reference Datum NAD 1983.
North Atlantic Ocean, Bethany Beach, DE, Safety Zone
The waters of the North Atlantic Ocean within a 500 yard radius of
the fireworks launch platform in approximate position latitude
38[deg]32'08'' N, longitude 075[deg]03'15'' W, on the shoreline at
Bethany Beach, DE.
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 position 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 70 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 position 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 position latitude 39[deg]19'33'' N, longitude
074[deg]31'28'' 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 position latitude 39[deg]16'22'' N,
longitude 074[deg]33'54'' W, in the vicinity of the shoreline at Ocean
City, NJ.
Metedeconk River, Brick Township, NJ, Safety Zone
The waters of the Metedeconk River within a 300 yard radius of the
fireworks launch platform in approximate position latitude
40[deg]03'24'' N, longitude 074[deg]06'42'' W, on the shoreline at
Brick Township, NJ.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts vessel
traffic from transiting a small segments of coastal waters and the
intracoastal waterway, the effect of this regulation will not be
significant due to the limited durations that the regulated areas will
be in effect and the extensive advance notifications that will be made
to the maritime community via marine information broadcasts and area
newspapers so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
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 operator of vessels intending to
transit or anchor in the safety zones during the times these zones are
enforced.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
enforcement periods 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 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 rule calls for no new collection of information under the
Paperwork
[[Page 37831]]
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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This 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 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 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these 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
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,
under the Instruction, that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, an environmental
analysis checklist and a categorical exclusion determination are not
required for this rule because the included events are all of very
short duration lasting only 2 hours or less each.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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.
0
2. Add temporary 165.T05-001, to read as follows:
Sec. 165.T05-001 North Atlantic Ocean, Bethany Beach, DE, Safety
Zone.
(a) Location. The following area is a temporary safety zone: The
waters of the North Atlantic Ocean within a 500 yard radius of the
fireworks launch platform in approximate location latitude
38[deg]32'08'' N, longitude 075[deg]03'15'' W, on the shoreline of
Bethany Beach, DE.
(b) Effective Period. The effective period for this event is on
July 4, 2008 from 9 p.m. to 9:30 p.m.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) No person or vessel may enter or navigate within this safety
zone unless authorized to do so by the Coast Guard or designated
representatives. Any person or vessel authorized to enter the safety
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the safety zone
immediately if the Coast Guard or designated representative so orders.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13 and 16. The Captain of
the Port can be contacted at (215) 271-4807.
(3) The Captain of the Port will notify the public of any changes
in the status of this safety zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the Port means the Commanding
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant
or petty officer who has been authorized by the Captain of the Port to
act on his behalf.
0
3. Add temporary Sec. 165.T05-002, to read as follows:
Sec. 165.T05-002 North Atlantic Ocean, Avalon, NJ, Safety Zone.
(a) Location. The following area is a temporary safety zone: The
waters of the
[[Page 37832]]
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.
(b) Effective Period. The effective period for this event is on
July 5, 2008 from 8 p.m. to 10 p.m.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) No person or vessel may enter or navigate within this safety
zone unless authorized to do so by the Coast Guard or designated
representatives. Any person or vessel authorized to enter the safety
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the safety zone
immediately if the Coast Guard or designated representative so orders.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13 and 16. The Captain of
the Port can be contacted at (215) 271-4807.
(3) The Captain of the Port will notify the public of any changes
in the status of this safety zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the Port means the Commanding
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant
or petty officer who has been authorized by the Captain of the Port to
act on his behalf.
0
4. Add temporary Sec. 165.T05-003, to read as follows:
Sec. 165.T05-003 Barnegat Bay, Barnegat Township, NJ, Safety Zone.
(a) Location. The following area is a temporary 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 70 yards north of Conklin Island, NJ.
(b) Effective Period. The effective period for this event is on
July 4, 2008 from 9:15 p.m. to 9:45 p.m.; and on September 6, 2008 from
9 p.m. to 9:30 p.m.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) No person or vessel may enter or navigate within this safety
zone unless authorized to do so by the Coast Guard or designated
representatives. Any person or vessel authorized to enter the safety
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the safety zone
immediately if the Coast Guard or designated representative so orders.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13 and 16. The Captain of
the Port can be contacted at (215) 271-4807.
(3) The Captain of the Port will notify the public of any changes
in the status of this safety zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the Port means the Commanding
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant
or petty officer who has been authorized by the Captain of the Port to
act on his behalf.
0
5. Add temporary Sec. 165.T05-004, to read as follows:
Sec. 165.T05-004 North Atlantic Ocean, Cape May, NJ, Safety Zone.
(a) Location. The following area is a temporary safety zone: The
waters of the North Atlantic Ocean within a 500 yard radius of the
fireworks barge in approximate position latitude 38[deg]55'36'' N,
longitude 074[deg]55'26'' W, immediately adjacent to the shoreline at
Cape May, NJ.
(b) Effective Period. The effective period for this event is on
July 4, 2008 from 9 p.m. to 9:30 p.m.; with a rain date of July 5,
2008.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) No person or vessel may enter or navigate within this safety
zone unless authorized to do so by the Coast Guard or designated
representatives. Any person or vessel authorized to enter the safety
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the safety zone
immediately if the Coast Guard or designated representative so orders.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13 and 16. The Captain of
the Port can be contacted at (215) 271-4807.
(3) The Captain of the Port will notify the public of any changes
in the status of this safety zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the Port means the Commanding
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant
or petty officer who has been authorized by the Captain of the Port to
act on his behalf.
0
6. Add temporary Sec. 165.T05-005, to read as follows:
Sec. 165.T05-005 Great Egg Harbor Inlet, Margate City, NJ, Safety
Zone.
(a) Location. The following area is a temporary safety zone: All
waters within a 500 yard radius of the fireworks barge in approximate
position latitude 39[deg]19'33'' N, longitude 074[deg]31'28'' W, on the
Intracoastal Waterway near Margate City, NJ.
(b) Effective Period. The effective period for this event is on
August 24, 2008 from 8:30 p.m. to 10:30 p.m.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) No person or vessel may enter or navigate within this safety
zone unless authorized to do so by the Coast Guard or designated
representatives. Any person or vessel authorized to enter the safety
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the safety zone
immediately if the Coast Guard or designated representative so orders.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13 and 16. The Captain of
the Port can be contacted at (215) 271-4807.
(3) The Captain of the Port will notify the public of any changes
in the status of this safety zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the Port means the Commanding
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant
or petty officer who has been authorized by the Captain of the Port to
act on his behalf.
0
7. Add temporary Sec. 165.T05-006, to read as follows:
Sec. 165.T05-006 North Atlantic Ocean, Ocean City, NJ, Safety Zone.
(a) Location. The following area is a temporary safety zone: The
waters of the North Atlantic Ocean within a 500 yard radius of the
fireworks barge in approximate position latitude 39[deg]16'22'' N,
longitude 074[deg]33'54'' W, in the vicinity of the shoreline at Ocean
City, NJ.
(b) Effective Period. The effective period for this event is on
July 4, 2008 from 9 p.m. to 9:15 p.m.; with a rain date of July 5,
2008.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) No person or vessel may enter or navigate within this safety
zone unless authorized to do so by the Coast Guard or designated
representatives. Any person or vessel authorized to enter the
[[Page 37833]]
safety zone must operate in strict conformance with any directions
given by the Coast Guard or designated representative and leave the
safety zone immediately if the Coast Guard or designated representative
so orders.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13 and 16. The Captain of
the Port can be contacted at (215) 271-4807.
(3) The Captain of the Port will notify the public of any changes
in the status of this safety zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the Port means the Commanding
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant
or petty officer who has been authorized by the Captain of the Port to
act on his behalf.
0
8. Add temporary Sec. 165.T05-007, to read as follows:
Sec. 165.T05-007 Metedeconk River, Brick Township, NJ, Safety Zone.
(a) Location. The following area is a temporary safety zone: The
waters of the Metedeconk River within a 300 yard radius of the
fireworks launch platform in approximate position latitude
40[deg]03'24'' N, longitude 074[deg]06'42'' W, on the shoreline at
Brick Township, NJ.
(b) Effective Period. The effective periods for this event are on
July 3, July 17, July 31, August 14, and August 28, 2008 from 6 p.m. to
10 p.m.; with rain dates of July 10, July 24, August 7, August 21, and
September 4, 2008, respectively.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) No person or vessel may enter or navigate within this safety
zone unless authorized to do so by the Coast Guard or designated
representatives. Any person or vessel authorized to enter the safety
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the safety zone
immediately if the Coast Guard or designated representative so orders.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13 and 16. The Captain of
the Port can be contacted at (215) 271-4807.
(3) The Captain of the Port will notify the public of any changes
in the status of this safety zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(d) Definitions. The Captain of the Port means the Commanding
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant
or petty officer who has been authorized by the Captain of the Port to
act on his behalf.
Dated: June 19, 2008.
D.L. Scott,
Captain, U.S. Coast Guard, Captain of the Port Sector Delaware Bay.
[FR Doc. E8-15045 Filed 7-1-08; 8:45 am]
BILLING CODE 9110-04-P
