Safety Zones; Fireworks Displays Within the Fifth Coast Guard District, 67444-67455 [E8-27007]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Proposed Rules]
[Pages 67444-67455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27007]


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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: Supplemental notice of proposed rulemaking.

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SUMMARY: This action is a supplemental notice of proposed rulemaking 
(SNPRM) to Coast Guard's April 15, 2008, notice of proposed rulemaking 
(NPRM) which proposed the revision of the list of permanent safety 
zones established for fireworks displays at various locations within 
the geographic boundary of the Fifth Coast Guard District (73 FR 
20223). In the April 2008 NPRM, the

[[Page 67445]]

Coast Guard proposed the addition of 22 new safety zones, and the 
modification 4 existing zones for fireworks display launch platforms 
and fallout areas. This supplemental proposal includes three additional 
safety zones and removes one previously proposed zone for a total of 24 
new safety zones for fireworks displays. This action also proposes 
modification to one existing safety zone for a total of five 
modifications to preexisting zones established for fireworks displays. 
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 will be prohibited without approval of the appropriate Captain 
of the Port.

DATES: Comments and related material must either be submitted to our 
online docket via https://www.regulations.gov on or before December 15, 
2008 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2008-0189 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. For 
instructions on submitting comments, see the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
below.

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.

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 provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. 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.
    To submit your comment online, go to https://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2008-0189'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand 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 and may change the rule 
based on your comments.

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, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2008-0189 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit 
either the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 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. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

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

    In this supplemental proposal, 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 
24 new locations and modifying 5 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 73 
locations for fireworks displays within the boundary of the Fifth Coast 
Guard District.
    The 24 newly proposed permanent safety zones are as follows:

                Table of Proposed Fireworks Safety Zones
------------------------------------------------------------------------
 
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1.............................  Delaware River, Chester, PA.
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.............................  Metedeconk River, Brick Township, NJ.
7.............................  North Atlantic Ocean, Ocean City, NJ.

[[Page 67446]]

 
8.............................  North Atlantic Ocean, Bethany Beach, DE.
9.............................  Baltimore Inner Harbor, Patapsco River,
                                 MD.
10............................  Anacostia River, Washington, DC.
11............................  Potomac River, Charles County, MD.
12............................  Potomac River, National Harbor, MD.
13............................  Patuxent River, Calvert County, MD.
14............................  Patuxent River, Solomons Island, Calvert
                                 County, MD.
15............................  Appomattox River, Hopewell, VA.
16............................  John H. Kerr Reservoir, Clarksville, VA.
17............................  Chesapeake Bay, Hampton, VA.
18............................  Atlantic Ocean, Virginia Beach, VA,
                                 Safety Zone. B.
19............................  Atlantic Ocean, Virginia Beach, VA,
                                 Safety Zone. C.
20............................  Nansemond River, Suffolk, VA.
21............................  James River, Williamsburg, VA.
22............................  Edenton Bay, Edenton, NC.
23............................  Motts Channel, Banks Channel,
                                 Wrightsville Beach, NC.
24............................  New River, Jacksonville, NC.
------------------------------------------------------------------------

    The safety zone locations previously 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. This supplemental 
proposal adds one additional location; Cape Fear River, Wilmington, NC.
    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. Emergency 
activation of safety zones 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 24 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 
Commodore Barry Bridge within a 250 yards radius of the fireworks barge 
located in approximate position latitude 39[deg]49'43.2'' N, longitude 
075[deg]22'42'' 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]19'33'' N, longitude 
074[deg]31'28'' W, on the Intracoastal Waterway near Margate 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, near the shoreline at 
Brick Township, 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, in the vicinity 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 launch platform in approximate position latitude 38[deg]32'08'' N, 
longitude

[[Page 67447]]

075[deg]03'15'' 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.

Anacostia River, Washington, DC, Safety Zone

    All waters of the Anacostia River within a 150 yard radius of the 
Fireworks discharge site located near the shoreline at Washington 
Nationals Ball Park in approximate position latitude 38[deg]52'18'' N, 
longitude 077[deg]00'20'' W.

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

    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

    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.

Edenton Bay, Edenton, NC, Safety Zone

    All waters within a 300 yard radius of position latitude 
36[deg]03'04'' N, longitude 076[deg]36'18'' W, approximately 150 yards 
east of the entrance to Queen Anne Creek, Edenton, NC.

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

    All waters of Motts Channel within a 300 yard radius of the 
fireworks barge in approximate position latitude 34[deg]12'29'' N, 
longitude 077[deg]48'27'' W, approximately 560 yards south of Sea Path 
Marina, Wrightsville Beach, NC.

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 5 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.

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 yards 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

    All waters of the Atlantic Ocean within a 1000 yard radius of the 
center located near the shoreline at approximate position latitude 
36[deg]51'12'' N, longitude 075[deg]58'06'' W, a safety zone located 
off the beach between 17th and 31st streets.

Cape Fear River, Wilmington, NC, Safety Zone

    All waters of the Cape Fear River within an area bound by a line 
drawn from the following points: latitude 34[deg]13'54'' N, longitude 
077[deg]57'06'' W; thence northeast to latitude 34[deg]13'57'' N, 
longitude 077[deg]57'05'' W; thence north to latitude 34[deg]14'11'' N, 
longitude 077[deg]57'07'' W; thence northwest to latitude 
34[deg]14'22'' N, longitude 077[deg]57'19'' W; thence west to latitude 
34[deg]14'22'' N, longitude 077[deg]57'06'' W; thence southeast to 
latitude 34[deg]14'07'' N, longitude 077[deg]57'00'' W; thence south to 
latitude 34[deg]13'54'' N, longitude 077[deg]56'58'' W; thence to the 
point of

[[Page 67448]]

origin, located approximately 500 yards north of Cape Fear Memorial 
Bridge.

Regulatory Analyses

    We developed this proposed 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 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 each safety zone 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 may 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 the address listed under 
ADDRESSES. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed 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 effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and 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 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.

[[Page 67449]]

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 Department of Homeland 
Security Management Directive 5100.1 and Commandant Instruction 
M16475.lD, which guide 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 under the Instruction that this 
action is not likely to have a significant effect on the human 
environment. An environmental analysis checklist supporting this 
preliminary determination is available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

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

    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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 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 feet 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.
    (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 67450]]



                         Table to Sec.   165.506
 [All coordinates listed in the Table to Sec.   165.506 reference Datum
                               NAD 1983.]
------------------------------------------------------------------------
    Number           Date            Location          Regulated area
------------------------------------------------------------------------
             (a) 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 launch
                                                    platform in
                                                    approximate position
                                                    latitude
                                                    38[deg]32'08'' N,
                                                    longitude
                                                    075[deg]03'15'' W,
                                                    adjacent to
                                                    shoreline of Bethany
                                                    Beach, DE.
(2)..........  Labor Day.......  Indian River      All waters of the
                                  Bay, DE, Safety   Indian River Bay
                                  Zone.             within a 360 yard
                                                    radius of the
                                                    fireworks launch
                                                    location on the pier
                                                    in approximate
                                                    position latitude
                                                    38[deg]36'42'' N,
                                                    longitude
                                                    075[deg]08'18'' 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]04'21'' 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]05'31'' N,
                                                    longitude
                                                    074[deg]43'00'' W,
                                                    in the vicinity of
                                                    the shoreline at
                                                    Avalon, NJ.
(5)..........  July 4th,         Barnegat Bay,     The waters of
                September--2nd    Barnegat          Barnegat Bay within
                Saturday.         Township, NJ,     a 500 yard radius of
                                  Safety Zone.      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.
(6)..........  July 4th........  North Atlantic    The waters of the
                                  Ocean, Cape       North Atlantic Ocean
                                  May, NJ, Safety   within a 500 yard
                                  Zone.             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.
(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]58'00'' N,
                                                    longitude
                                                    074[deg]58'30'' W.
(8)..........  August--3rd       Great Egg Harbor  All waters within a
                Sunday.           Inlet, Margate    500 yard radius of
                                  City, NJ,         the fireworks barge
                                  Safety Zone.      in approximate
                                                    location latitude
                                                    39[deg]19'33'' N,
                                                    longitude
                                                    074[deg]31'28'' W,
                                                    on the Intracoastal
                                                    Waterway near
                                                    Margate City, NJ.
(9)..........  July 4th, August  Metedeconk        The waters of the
                every Thursday    River, Brick      Metedeconk River
                September 1st     Township, NJ,     within a 300 yard
                Thursday.         Safety Zone.      radius of the
                                                    fireworks launch
                                                    platform in
                                                    approximate position
                                                    latitude
                                                    40[deg]03'24'' N,
                                                    longitude
                                                    074[deg]06'42'' W,
                                                    near the shoreline
                                                    at Brick Township,
                                                    NJ.
(10).........  July 4th........  North Atlantic    The waters of the
                                  Ocean, Ocean      North Atlantic Ocean
                                  City, NJ,         within a 500 yard
                                  Safety Zone.      radius of the
                                                    fireworks barge in
                                                    approximate location
                                                    latitude
                                                    39[deg]16'22'' N,
                                                    longitude
                                                    074[deg]33'54'' W,
                                                    in the vicinity of
                                                    the shoreline at
                                                    Ocean City, NJ.
(11).........  May--4th          Barnegat Bay,     All waters of
                Saturday.         Ocean Township,   Barnegat Bay within
                                  NJ, Safety Zone.  a 500 yard radius of
                                                    the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]47'33'' N,
                                                    longitude
                                                    074[deg]10'46'' W.
(12).........  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]34'18'' N,
                                                    longitude
                                                    074[deg]14'43'' W,
                                                    approximately 100
                                                    yards north of
                                                    Parkers Island.
(13).........  September--3rd    Delaware River,   All waters of the
                Saturday.         Chester, PA,      Delaware River near
                                  Safety Zone.      Chester, PA just
                                                    south of the
                                                    Commodore Barry
                                                    Bridge within a 250
                                                    yards radius of the
                                                    fireworks barge
                                                    located in
                                                    approximate position
                                                    latitude
                                                    39[deg]49[min]43.2[s
                                                    ec] N, longitude
                                                    075[deg]22'42'' W.
(14).........  September--3rd    Delaware River,   All the waters of the
                Saturday.         Essington, PA,    Delaware River near
                                  Safety Zone.      Essington, PA, west
                                                    of Little Tinicum
                                                    Island within a 250
                                                    yards radius of the
                                                    fireworks barge
                                                    located in the
                                                    approximate position
                                                    latitude
                                                    39[deg]51'18'' N,
                                                    longitude
                                                    075[deg]18'57'' W.
(15).........  July 4th,         Delaware River,   All waters of
                Columbus Day,     Philadelphia,     Delaware River,
                December 31st,    PA, Safety Zone.  adjacent to Penns
                January 1st.                        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]56'31.2'' N,
                                                    longitude
                                                    075[deg]08'28.1'' W;
                                                    thence to latitude
                                                    39[deg]56'29.1'' N,
                                                    longitude
                                                    075[deg]07'56.5'' W,
                                                    and bounded on the
                                                    north by the
                                                    Benjamin Franklin
                                                    Bridge.
------------------------------------------------------------------------
               (b) Coast Guard Sector Baltimore--COTP Zone
------------------------------------------------------------------------
(1)..........  April--1st        Washington        All waters of the
                Saturday.         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]52'09'' N,
                                                    longitude
                                                    077[deg]01'13'' W,
                                                    located within the
                                                    Washington Channel
                                                    in Washington
                                                    Harbor, DC.

[[Page 67451]]

 
(2)..........  July 4th,         Severn River and  All waters of the
                December--1st     Spa Creek,        Severn River and Spa
                and 2nd           Annapolis, MD,    Creek within an area
                Saturday,         Safety Zone.      bounded by a line
                December 31st.                      drawn from latitude
                                                    38[deg]58'39.6'' N,
                                                    longitude
                                                    076[deg]28'49'' W;
                                                    thence to latitude
                                                    38[deg]58'41'' N,
                                                    longitude
                                                    076[deg]28'14'' W;
                                                    thence to latitude
                                                    38[deg]59'01'' N,
                                                    longitude
                                                    076[deg]28'37'' W;
                                                    thence to latitude
                                                    38[deg]58'57'' N,
                                                    longitude
                                                    076[deg]28'40'' W,
                                                    located near the
                                                    entrance to Spa
                                                    Creek in Annapolis,
                                                    Maryland.
(3)..........  Saturday before   Middle River,     All waters of the
                Independence      Baltimore         Middle River within
                Day holiday.      County, MD,       a 300 yard radius of
                                  Safety Zone.      the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]17'45'' N,
                                                    longitude
                                                    076[deg]23'49'' W,
                                                    approximately 300
                                                    yards east of
                                                    Rockaway Beach, near
                                                    Turkey Point.
(4)..........  July 4th.         Patapsco River    All waters of the
                December 31st.    (Middle           Patapsco River,
                                  Branch),          Middle Branch,
                                  Baltimore, MD,    within an area bound
                                  Safety Zone.      by a line drawn from
                                                    the following
                                                    points: latitude
                                                    39[deg]15'22'' N,
                                                    longitude
                                                    076[deg]36'36'' W;
                                                    thence to latitude
                                                    39[deg]15'10'' N,
                                                    longitude
                                                    076[deg]36'00'' W;
                                                    thence to latitude
                                                    39[deg]15'40'' N,
                                                    longitude
                                                    076[deg]35'23'' W;
                                                    thence to latitude
                                                    39[deg]15'49'' N,
                                                    longitude
                                                    076[deg]35'47'' W;
                                                    thence to the point
                                                    of origin, located
                                                    approximately 600
                                                    yards east of
                                                    Hanover Street (SR-
                                                    2) Bridge.
(5)..........  June 14th, July   Northwest Harbor  All waters of the
                4th, September--  (East Channel),   Patapsco River
                2nd Saturday,     Patapsco River,   within a 300 yard
                December 31st.    MD, Safety Zone.  radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    39[deg]15'55'' N,
                                                    076[deg]34'35'' W,
                                                    located adjacent to
                                                    the East Channel of
                                                    Northwest Harbor.
(6)..........  May--3rd Friday,  Baltimore Inner   All waters of the
                July 4th,         Harbor,           Patapsco River
                December 31st.    Patapsco River,   within a 150 yard
                                  MD, Safety Zone.  radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]16'55'' N,
                                                    longitude
                                                    076[deg]36'17'' W,
                                                    located at the
                                                    entrance to
                                                    Baltimore Inner
                                                    Harbor,
                                                    approximately 150
                                                    yards southwest of
                                                    pier 6.
(7)..........  May--3rd Friday,  Baltimore Inner   The waters of the
                July 4th,         Harbor,           Patapsco River
                December 31st.    Patapsco River,   within a 100 yard
                                  MD, Safety Zone.  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.
(8)..........  July 4th,         Northwest Harbor  All waters of the
                December 31st.    (West Channel)    Patapsco River
                                  Patapsco River,   within a 300 yard
                                  MD, Safety Zone.  radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]16'21'' N,
                                                    longitude
                                                    076[deg]34'38'' W,
                                                    located adjacent to
                                                    the West Channel of
                                                    Northwest Harbor.
(9)..........  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]19'06.6'' N,
                                                    longitude
                                                    076[deg]26'10.1'' W,
                                                    approximately 1450
                                                    yards west of Drum
                                                    Point, MD.
(10).........  July 4th........  Patuxent River,   All waters of the
                                  Solomons          Patuxent River
                                  Island, Calvert   within a 400 yard
                                  County, MD,       radius of the
                                  Safety Zone.      fireworks barge
                                                    located at latitude
                                                    38[deg]19'03'' N,
                                                    longitude
                                                    076[deg]26'07.6'' W.
(11).........  July 4th........  Patuxent River,   All waters of
                                  Solomons          Patuxent River
                                  Island, MD,       within a 300 yard
                                  Safety Zone.      radius of the
                                                    fireworks barge in
                                                    an area bound by the
                                                    following points:
                                                    latitude
                                                    38[deg]19'42'' N,
                                                    longitude
                                                    076[deg]28'02'' W;
                                                    thence to latitude
                                                    38[deg]19'26'' N,
                                                    longitude
                                                    076[deg]28'18'' W;
                                                    thence to latitude
                                                    38[deg]18'48'' N,
                                                    longitude
                                                    076[deg]27'42'' W;
                                                    thence to latitude
                                                    38[deg]19'06'' N,
                                                    longitude
                                                    076[deg]27'25'' W;
                                                    thence to the point
                                                    of origin, located
                                                    near Solomons
                                                    Island, MD.
(12).........  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]58'50'' N,
                                                    longitude
                                                    076[deg]15'00'' W;
                                                    thence north to
                                                    latitude
                                                    38[deg]59'00'' N,
                                                    longitude
                                                    076[deg]15'00'' W;
                                                    thence east to
                                                    latitude
                                                    38[deg]59'00'' N,
                                                    longitude
                                                    076[deg]14'46'' W;
                                                    thence southeast to
                                                    latitude
                                                    38[deg]58'50'' N,
                                                    longitude
                                                    076[deg]14'28'' W;
                                                    thence southwest to
                                                    latitude
                                                    38[deg]58'37'' N,
                                                    longitude
                                                    076[deg]14'36'' W,
                                                    thence northwest to
                                                    latitude
                                                    38[deg]58'42'' N,
                                                    longitude
                                                    076[deg]14'55'' W,
                                                    thence to the point
                                                    of origin, located
                                                    approximately 900
                                                    yards north of Kent
                                                    Island Narrows (US-
                                                    50/301) Bridge.
(13).........  July 3rd........  Chesapeake Bay,   All waters of the
                                  Chesapeake        Chesapeake Bay
                                  Beach, MD,        within a 150 yard