Safety Zones; Fireworks Displays Within the Fifth Coast Guard District, 15845-15854 [E9-7885]

Download as PDF Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations Small Business Regulatory Enforcement Fairness Act of 1996. Federal programs and activities do not apply to this regulation. Regulatory Flexibility Act/Executive Order 13272: Small Business Paperwork Reduction Act This Final Rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. Since this rulemaking is exempt from 5 U.S.C. 553, and no other law requires the Department to give notice of proposed rulemaking, this rulemaking also is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and Executive Order 13272, section 3(b). Executive Order 12866, as Amended The Department of State does not consider this final rule to be a ‘‘significant regulatory action’’ under Executive Order 12866, as amended, § 3(f), Regulatory Planning and Review. In addition, the Department is exempt from Executive Order 12866 except to the extent that it is promulgating regulations in conjunction with a domestic agency that are significant regulatory actions. The Department has nevertheless reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in that Executive order. Executive Order 12988 List of Subjects in 22 CFR Part 62 Cultural exchange programs, Reporting and recordkeeping requirements. PART 62—EXCHANGE VISITOR PROGRAM Accordingly the interim rule amending 22 CFR part 62 which was published at 73 FR 34861 on June 19, 2008 is adopted as final without change. ■ Dated: March 30, 2009. Stanley S. Colvin, Deputy Assistant Secretary, Office of Private Sector Exchange, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E9–7674 Filed 4–7–09; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF HOMELAND SECURITY The Department has reviewed this final rule in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–0189] Unfunded Mandates Reform Act of 1995 RIN 1625–AA00 The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This final rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments. Safety Zones; Fireworks Displays Within the Fifth Coast Guard District rwilkins on PROD1PC63 with RULES Executive Orders 12372 and 13132 This Final Rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on VerDate Nov<24>2008 16:13 Apr 07, 2009 Jkt 217001 Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing 73 permanent safety zones for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these zones during the enforcement periods is prohibited without approval of the appropriate Captain of the Port. DATES: This rule is effective May 8, 2009. Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2008–0189 and are available online by going to http:// www.regulations.gov, selecting the Advanced Docket Search option on the ADDRESSES: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 15845 right side of the screen, inserting USCG– 2008–0189 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. 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 the Fifth Coast Guard District, Prevention Division, 431 Crawford Street, Portsmouth, VA 23704 between 10 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Regulatory Information On April 15, 2008, we published a notice of proposed rulemaking (NPRM) entitled, Safety Zones; Fireworks Displays within the Fifth Coast Guard District in the Federal Register (73 FR 20223). On November 14, 2008, we published a Supplemental notice of proposed rulemaking (SNPRM) entitled Safety Zones; Fireworks Displays within the Fifth Coast Guard District in the Federal Register (73 FR 67444). We received two comments on the NPRM. No public meeting was requested, and none was held. Background and Purpose In this rule, the Coast Guard revises 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 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 revision of the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays, adds 24 new locations and modifies five previously established locations within the geographic E:\FR\FM\08APR1.SGM 08APR1 15846 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations rwilkins on PROD1PC63 with RULES boundary of the Fifth Coast Guard District. This rule increases the total number of permanent safety zones to 73 locations for fireworks displays within the boundary of the Fifth Coast Guard District. This rule adds 24 new safety zone locations to the permanent safety zones listed in 33 CFR 165.506. The new safety zones are listed in the following table. Table of Newly Established Fireworks Safety Zones 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 8. North Atlantic Ocean, Bethany Beach, DE 9. Baltimore Inner Harbor, Patapsco River, MD 10. Anacostia River, Washington, D.C. 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 This rule modifies five previously established safety zones at the following locations: Potomac River, Charles County, MD; Northwest Harbor (West Channel) Patapsco River, MD; Delaware River, Essington, PA; Atlantic Ocean, Virginia Beach, VA, safety zone A; and 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. This limited the opportunity for public comment. Establishing permanent safety zones through notice and comment rulemaking provides the public the opportunity to comment on the zone locations, size and length of time the zones will be enforced. Each year organizations within the Fifth Coast Guard District sponsor VerDate Nov<24>2008 16:13 Apr 07, 2009 Jkt 217001 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 may allow persons within the safety zone if conditions permit. The Coast Guard will publish notices in the Federal Register if an event sponsor reports 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 § 165.506. Coast Guard Captains of the Port will 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 will include publication in the Local Notice to Mariners and Marine Information Broadcasts. Marine information and facsimile broadcasts may also be made for these events, 24 to 48 hours before the event is scheduled to begin, to notify the public. The public will also be notified about many of the listed marine events by local newspapers, radio and television stations. The various methods of notification provided by the Coast Guard and local community media outlets will facilitate informing mariners so they can adjust their plans accordingly. Fireworks barges or launch sites on land used in the locations stated in this rulemaking shall display a sign. The sign will be affixed to the port and starboard side of the barge or mounted on a post 3 feet above ground level when on land and in close proximity to the shoreline facing the water labeled ‘‘FIREWORKS—DANGER—STAY AWAY’’. This will 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 retroreflective 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 will 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 safety zones is from 5:30 p.m. to 1 a.m. local time. However, vessels may enter, PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 necessary to protect the safety of life and property on navigable waters during these fireworks events and provides the marine community information on safety zone locations, size, and length of time the zones will be active. Discussion of Comments and Changes The Coast Guard received two comments in response to the NPRM which were addressed in the SNPRM published in the Federal Register. The first comment, from the North Carolina Department of Environment and Natural Resources, Division of Coastal Management letter of December 2, 2008 addressed a revision to the Cape Fear River safety zone. Specifically, the New Hanover County, NC Fire Rescue expressed concern that the safety zone, as proposed for Cape Fear River, did not meet the county’s fire code. The Coast Guard submitted a revised fireworks safety zone for the Cape Fear River location that was subsequently approved by New Hanover County and Fire Rescue. This change is included in this rule. The second comment was submitted by the Virginia Department of Environmental Quality, Federal Consistency Coordinator. They suggested that the Atlantic Ocean, Virginia Beach Safety zone be relocated northward of the 14th street Fishing Pier into the vicinity of 17th street. The change was made in this final rule. Lastly, the Coast Guard revised the safety zone for (b.)24, Anacostia River, Washington, DC. The safety zone was moved approximately 500 yards southeast of the shoreline near Washington Nationals Ball Park to accommodate a barge launch platform. This change was made in the interest of enhancing safety by increasing the pyrotechnic fallout area over the Anacostia River. The Coast Guard is establishing 73 safety zones on the specified waters listed within the Table to § 165.506. 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. E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 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. We expect the economic impact of this 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 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 may adjust their plans accordingly. Notifications to the public for most events will usually be made by local newspapers, radio and TV stations. The Coast Guard anticipates that these safety zones will only be enforced two to three times per year. rwilkins on PROD1PC63 with RULES 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 operators of vessels intending to transit or anchor in the established safety zones during the times these zones are enforced. This rule will impact mariners desiring to transit the area identified as a safety zone during the times identified within this final rule. The safety zones identified in this final rule 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 will be able to transit safely around the safety zones. VerDate Nov<24>2008 16:13 Apr 07, 2009 Jkt 217001 Further, those seeking permission to enter the zone may contact the appropriate Captain of the Port or designated Coast Guard patrol personnel on scene to gain entry into the zone. Lastly, before the enforcement period, we will issue maritime advisories widely so as to allow mariners to plan accordingly. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM and in the SNPRM we offered to assist small entities in understanding the rule so that they could 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 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 15847 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 E:\FR\FM\08APR1.SGM 08APR1 15848 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 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 Department of Homeland Security Management Directive 0023.1 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 concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g) of the Instruction, from further environmental documentation. This rule fits the category selected from paragraph (34)(g), as it would establish 73 safety zones. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. ■ 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: ■ rwilkins on PROD1PC63 with RULES Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 3306, 3703 and 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. VerDate Nov<24>2008 16:13 Apr 07, 2009 Jkt 217001 ■ 2. Revise § 165.506 to read as follows: § 165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays. (a) Regulations. The following regulations apply to the fireworks safety zones listed in the Table to § 165.506. (1) The general regulations contained in 33 CFR 165.23 apply. (2) These regulations will be enforced annually, for the duration of each fireworks event listed in the Table to § 165.506. In the case of inclement weather the event may be conducted on the day following the date listed in the Table to § 165.506. Annual notice of the exact dates and times of the enforcement 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 transmitted 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 § 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 feet by 4 feet 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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (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. The public may also be notified about many of the listed marine events by local newspapers, radio and television stations. The various methods of notification provided by the Coast Guard and local community media outlets will facilitate informing mariners so they can adjust their plans accordingly. (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 § 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 § 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. E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15849 TABLE TO § 165.506 [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Number Date Location Regulated area (a.) Coast Guard Sector Delaware Bay—COTP Zone 1 .......... July 4th ...................................... North Atlantic Ocean, Bethany Beach, DE, Safety Zone. 2 .......... Labor Day .................................. Indian River Bay, DE, Safety Zone. 3 .......... July 4th ...................................... Atlantic Ocean, Rehoboth Beach, DE, Safety Zone. 4 .......... July 4th ...................................... North Atlantic Ocean, Avalon, NJ, Safety Zone. 5 .......... July 4th, September—2nd Saturday. Barnegat Bay, Barnegat Township, NJ, Safety Zone. 6 .......... July 4th ...................................... North Atlantic Ocean, May, NJ, Safety Zone. 7 .......... July 3rd ...................................... Delaware Bay, North Cape May, NJ, Safety Zone. 8 .......... August—3rd Sunday ................. Great Egg Harbor Inlet, Margate City, NJ, Safety Zone. 9 .......... July 4th, August every Thursday, September 1st Thursday. Metedeconk River, Brick Township, NJ, Safety Zone. 10 ........ July 4th ...................................... North Atlantic Ocean, Ocean City, NJ, Safety Zone. 11 ........ May—4th Saturday .................... Barnegat Bay, Ocean Township, NJ, Safety Zone. 12 ........ July 4th ...................................... Little Egg Harbor, Parker Island, NJ, Safety Zone. 13 ........ September—3rd Saturday ......... Delaware River, Chester, PA, Safety Zone. 14 ........ September—3rd Saturday ......... Delaware River, Essington, PA, Safety Zone. 15 ........ July 4th, Columbus Day, December 31st, January 1st. Delaware River, Philadelphia, PA, Safety Zone. Cape 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, adjacent to shoreline of Bethany Beach, DE. All waters of the Indian River Bay within a 360 yard radius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N, longitude 075°08′18″ W, about 700 yards east of Pots Net Point, DE. All waters of the Atlantic Ocean within a 360 yard radius of the fireworks barge in approximate position latitude 38°43′01.2″ N, longitude 075°04′21″ W, approximately 400 yards east of Rehoboth Beach, DE. The waters of the 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. 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 500 yards north of Conklin Island, NJ. The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W, immediately adjacent to the shoreline at Cape May, NJ. All waters of the Delaware Bay within a 500 yard radius of the fireworks barge in approximate position latitude 38°58′00″ N, longitude 074°58′30″ W. All waters within a 500 yard radius of the fireworks barge in approximate location latitude 39°19′33″ N, longitude 074°31′28″ W, on the Intracoastal Waterway near Margate City, NJ. 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, near the shoreline at Brick Township, NJ. The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°16′22″ N, longitude 074°33′54″ W, in the vicinity of the shoreline at Ocean City, NJ. All waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°47′33″ N, longitude 074°10′46″ W. All waters of Little Egg Harbor within a 500 yard radius of the fireworks barge in approximate position latitude 39°34′18″ N, longitude 074°14′43″ W, approximately 100 yards north of Parkers Island. 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°49′43.2″ N, longitude 075°22′42″ W. 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°51′18″ N, longitude 075°18′57″ W. All waters of Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded from shoreline to shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39°56′31.2″ N, longitude 075°08′28.1″ W; thence to latitude 39°56′29.1″ N, longitude 075°07′56.5″ W, and bounded on the north by the Benjamin Franklin Bridge. rwilkins on PROD1PC63 with RULES (b.) Coast Guard Sector Baltimore—COTP Zone 1 .......... April—1st or 2nd Saturday ........ VerDate Nov<24>2008 16:13 Apr 07, 2009 Jkt 217001 Washington Channel, Upper Potomac River, Washington, DC, Safety Zone. PO 00000 Frm 00019 Fmt 4700 All waters of the Upper Potomac River within a 150 yard radius of the fireworks barge in approximate position latitude 38°52′09″ N, longitude 077°01′13″ W, located within the Washington Channel in Washington Harbor, DC. Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 15850 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Date Location Regulated area 2 .......... July 4th, December—1st and 2nd, Saturday, December 31st. Severn River and Spa Creek, Annapolis, MD, Safety Zone. 3 .......... Saturday before Independence Day holiday. Middle River, Baltimore County, MD, Safety Zone. 4 .......... July 4th, December 31st ........... Patapsco River (Middle Branch), Baltimore, MD, Safety Zone. 5 .......... June 14th, July 4th, September—2nd Saturday, December 31st. Northwest Harbor (East Channel), Patapsco River, MD, Safety Zone. 6 .......... May—3rd Friday, July 4th, December 31st. Baltimore Inner Harbor, Patapsco River, MD, Safety Zone. 7 .......... May—3rd Friday, July 4th, December 31st. Baltimore Inner Harbor, Patapsco River, MD, Safety Zone. 8 .......... July 4th, December 31st ........... Northwest Harbor (West Channel) Patapsco River, MD, Safety Zone. 9 .......... July 4th ...................................... Patuxent River, Calvert County, MD, Safety Zone. 10 ........ July 4th ...................................... 11 ........ July 4th ...................................... Patuxent River, Solomons Island, Calvert County, MD, Safety Zone. Patuxent River, Solomons Island, MD, Safety Zone. 12 ........ July 4th ...................................... Chester River, Kent Island Narrows, MD, Safety Zone. 13 ........ July 3rd ...................................... Chesapeake Bay, Chesapeake Beach, MD, Safety Zone. 14 ........ rwilkins on PROD1PC63 with RULES Number July 4th ...................................... Choptank River, Cambridge, MD, Safety Zone. 15 ........ July—2nd and last Saturday ..... Potomac River, Charles County, MD, Safety Zone. All waters of the Severn River and Spa Creek within an area bounded by a line drawn from latitude 38°58′39.6″ N, longitude 076°28′49″ W; thence to latitude 38°58′41″ N, longitude 076°28′14″ W; thence to latitude 38°59′01″ N, longitude 076°28′37″ W; thence to latitude 38°58′57″ N, longitude 076°28′40″ W, located near the entrance to Spa Creek in Annapolis, Maryland. All waters of the Middle River within a 300 yard radius of the fireworks barge in approximate position latitude 39°17′45″ N, longitude 076°23′49″ W, approximately 300 yards east of Rockaway Beach, near Turkey Point. All waters of the Patapsco River, Middle Branch, within an area bound by a line drawn from the following points: latitude 39°15′22″ N, longitude 076°36′36″ W; thence to latitude 39°15′10″ N, longitude 076°36′00″ W; thence to latitude 39°15′40″ N, longitude 076°35′23″ W; thence to latitude 39°15′49″ N, longitude 076°35′47″ W; thence to the point of origin, located approximately 600 yards east of Hanover Street (SR–2) Bridge. All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position 39°15′55″ N, 076°34′35″ W, located adjacent to the East Channel of Northwest Harbor. All waters of the Patapsco River within a 150 yard radius of the fireworks barge in approximate position latitude 39°16′55″ N, longitude 076°36′17″ W, located at the entrance to Baltimore Inner Harbor, approximately 150 yards southwest of pier 6. The waters of the Patapsco River within a 100 yard radius of approximate position latitude 39°17′03″ N, longitude 076°36′36″ W, located in Baltimore Inner Harbor, approximately 150 yards southeast of pier 1. All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position latitude 39°16′21″ N, longitude 076°34′38″ W, located adjacent to the West Channel of Northwest Harbor. All waters of the Patuxent River within a 280 yard radius of the fireworks barge in approximate position latitude 38°19′06.6″ N, longitude 076°26′10.1″ W, approximately 1450 yards west of Drum Point, MD. All waters of the Patuxent River within a 400 yard radius of the fireworks barge located at latitude 38°19′03″ N, longitude 076°26′07.6″ W. All waters of Patuxent River within a 300 yard radius of the fireworks barge in an area bound by the following points: latitude 38°19′42″ N, longitude 076°28′02″ W; thence to latitude 38°19′26″ N, longitude 076°28′18″ W; thence to latitude 38°18′48″ N, longitude 076°27′42″ W; thence to latitude 38°19′06″ N, longitude 076°27′25″ W; thence to the point of origin, located near Solomons Island, MD. All waters of the Chester River, within an area bound by a line drawn from the following points: latitude 38°58′50″ N, longitude 076°15′00″ W; thence north to latitude 38°59′00″ N, longitude 076°15′00″ W; thence east to latitude 38°59′00″ N, longitude 076°14′46″ W; thence southeast to latitude 38°58′50″ N, longitude 076°14′28″ W; thence southwest to latitude 38°58′37″ N, longitude 076°14′36″ W, thence northwest to latitude 38°58′42″ N, longitude 076°14′55″ W, thence to the point of origin, located approximately 900 yards north of Kent Island Narrows (US–50/301) Bridge. All waters of the Chesapeake Bay within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′33″ N, longitude 076°31′48″ W, located near Chesapeake Beach, Maryland. All waters of the Choptank River within a 300 yard radius of the fireworks launch site at Great Marsh Point, located at latitude 38°35′06″ N, longitude 076°04′46″ W. All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°20′18″ N, longitude 077°15′00″ W, approximately 700 yards north of the shoreline at Fairview Beach, Virginia. VerDate Nov<24>2008 16:13 Apr 07, 2009 Jkt 217001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15851 TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Number Date Location Regulated area 16 ........ May—last Saturday, July 4th .... Potomac River, Charles County, MD—Mount Vernon, Safety Zone. 17 ........ October—1st Saturday .............. Dukeharts Channel, Potomac River, MD, Safety Zone. 18 ........ July—Day before Independence Day holiday, November—last Friday. Potomac River, National Harbor, MD, Safety Zone. 19 ........ July 4th, September—last Saturday. Susquehanna River, Havre de Grace, MD, Safety Zone. 20 ........ June and July—Saturday before Independence Day holiday. Miles River, St. Michaels, MD, Safety Zone. 21 ........ June and July—Saturday or Sunday before Independence Day holiday. Tred Avon River, Oxford, MD, Safety Zone. 22 ........ July 3rd ...................................... Northeast River, North East, MD, Safety Zone. 23 ........ June—2nd or 3rd Saturday, July—1st or 2nd Saturday, September—1st or 2nd Saturday. March through October, at the conclusion of evening MLB games at Washington Nationals Ball Park. June—last Saturday .................. Upper Potomac River, Alexandria, VA, 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°42′24″ N, longitude 077°04′56″ W. All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°13′48″ N, longitude 076°44′37″ W, located adjacent to Dukeharts Channel near Coltons Point, Maryland. All waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38°47′18″ N, longitude 077°01′01″ W; thence to latitude 38°47′11″ N, longitude 077°01′26″ W; thence to latitude 38°47′25″ N, longitude 077°01′33″ W; thence to latitude 38°47′32″ N, longitude 077°01′08″ W; thence to the point of origin, located at National Harbor, Maryland. All waters of the Susquehanna River within a 150 yard radius of the fireworks barge in approximate position latitude 39°32′42″ N, longitude 076°04′30″ W, approximately 800 yards east of the waterfront at Havre de Grace, MD. All waters of the Miles River within a 200 yard radius of the fireworks barge in approximate position latitude 38°47′42″ N, longitude 076°12′23″ W, located near the waterfront of St. Michaels, Maryland. All waters of the Tred Avon River within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′48″ N, longitude 076°10′38″ W, approximately 500 yards northwest of the waterfront at Oxford, MD. All waters of the Northeast River within a 300 yard radius of the fireworks barge in approximate position latitude 39°35′26″ N, longitude 075°57′00″ W, approximately 400 yards south of North East Community Park. All waters of the Upper Potomac River within a 300 yard radius of the fireworks barge in approximate position 38°48′37″ N, 077°02′02″ W, located near the waterfront of Alexandria, Virginia. All waters of the Anacostia River, within a 350 yard radius of the fireworks barge in approximate position 38°52′16″ N, 077°00′13″ W, approximately 500 yards southeast of the shoreline near Washington Nationals Ball Park. All waters of the Potomac River within a 200 yard radius of the fireworks barge in approximate position latitude 38°34′08″ N, longitude 077°15′34″ W, located near Cherry Hill, Virginia. 24 ........ 25 ........ Anacostia River, Washington, DC, Safety Zone. Potomac River, Prince William County, VA, Safety Zone. (c.) Coast Guard Sector Hampton Roads—COTP Zone July 4th ...................................... Atlantic Ocean, Ocean MD, Safety Zone. 2 .......... May—4th Sunday, June—3rd Monday, June 29th and July 4th, August—1st and 4th Sunday, August 6th, September—1st and 4th Sunday. July 4th ...................................... Isle of Wight Bay, Ocean City, MD, Safety Zone. 3 .......... 4 .......... rwilkins on PROD1PC63 with RULES 1 .......... July 4th ...................................... Broad Bay, Virginia Beach, VA, Safety Zone. 5 .......... October—1st Friday .................. York River, West Point, VA, Safety Zone. VerDate Nov<24>2008 16:13 Apr 07, 2009 Jkt 217001 City, Assawoman Bay, Fenwick Island—Ocean City, MD, Safety Zone. PO 00000 Frm 00021 Fmt 4700 All waters of the Atlantic Ocean in an area bound by the following points: latitude 38°19′39.9″ N, longitude 075°05′03.2″ W; thence to latitude 38°19′36.7″ N, longitude 075°04′53.5″ W; thence to latitude 38°19′45.6″ N, longitude 075°04′49.3″ W; thence to latitude 38°19′49.1″ N, longitude 075°05′00.5″ W; thence to point of origin. The size of the proposed zone extends approximately 300 yards offshore from the fireworks launch area located at the High Water mark on the beach. All waters of Isle of Wight Bay within a 350 yard radius of the fireworks barge in approximate position latitude 38°22′32″ N, longitude 075°04′30″ W. All waters of Assawoman Bay within a 360 yard radius of the fireworks launch location on the pier at the West end of Northside Park, in approximate position latitude 38°25′57.6″ N, longitude 075°03′55.8″ W. All waters of the Broad Bay within a 400 yard radius of the fireworks display in approximate position latitude 36°52′08″ N, longitude 076°00′46″ W, located on the shoreline near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia. All waters of the York River near West Point, VA within a 400 yard radius of the fireworks display located in approximate position latitude 37°31′25″ N, longitude 076°47′19″ W. Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 15852 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Number Date Location Regulated area 6 .......... July 4th ...................................... York River, Yorktown, VA, Safety Zone. 7 .......... July 4th ...................................... Chincoteague Channel, Chincoteague, VA, Safety Zone. 8 .......... May—1st Friday, July 4th .......... James River, Newport News, VA, Safety Zone. 9 .......... July 9th ...................................... Chesapeake Bay, Hampton, VA, Safety Zone. 10 ........ June—4th Friday ....................... Chesapeake Bay, Norfolk, VA, Safety Zone. 11 ........ July 4th ...................................... Chesapeake Bay, Virginia Beach, VA, Safety Zone. 12 ........ Memorial Day, June—1st and 2nd Friday, Saturday and Sunday, July 4th, November—4th Saturday, December—1st Saturday and December 31st, January—1st. Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone. 13 ........ May—2nd Saturday, September—1st Saturday and Sunday, December—1st Saturday. July—3rd Saturday .................... Appomattox River, VA, Safety Zone. All waters of the York River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′14″ N, longitude 076°30′02″ W, located near Yorktown, Virginia. All waters of the Chincoteague Channel within a 360 yard radius of the fireworks launch location at the Chincoteague carnival waterfront in approximate position latitude 37°55′40.3″ N, longitude 075°23′10.7″ W, approximately 900 yards southwest of Chincoteague Swing Bridge. All waters of the James River within a 325 yard radius of the fireworks barge in approximate position latitude 36°58′30″ N, longitude 076°26′19″ W, located in the vicinity of the Newport News Shipyard, Newport News, Virginia. All waters of the Chesapeake Bay within a 350 yard radius of approximate position latitude 37°02′23″ N, longitude 076°17′22″ W, located near Buckroe Beach. All waters of the Chesapeake Bay within a 400 yard radius of the fireworks display located in position latitude 36°57′21″ N, longitude 076°15′00″ W, located near Ocean View Fishing Pier. All waters of the Chesapeake Bay 400 yard radius of the fireworks display in approximate position latitude 36°55′02″ N, longitude 076°03′27″ W, located at the First Landing State Park at Virginia Beach, Virginia. All waters of the Elizabeth River Southern Branch in an area bound by the following points: latitude 36°50′54.8″ N, longitude 076°18′10.7″ W; thence to latitude 36°51′7.9″ N, longitude 076°18′01″ W; thence to latitude 36°50′45.6″ N, longitude 076°17′44.2″ W; thence to latitude 36°50′29.6″ N, longitude 076°17′23.2″ W; thence to latitude 36°50′7.7″ N, longitude 076°17′32.3″ W; thence to latitude 36°49′58″ N, longitude 076°17′28.6″ W; thence to latitude 36°49′52.6″ N, longitude 076°17′43.8″ W; thence to latitude 36°50′27.2″ N, longitude 076°17′45.3″ W thence to the point of origin. All waters of the Appomattox River within a 400 yard radius of the fireworks barge in approximate position latitude 37°19′11″ N, longitude 077°16′55″ W. May, June, July, August, September, October—every Wednesday, Friday, Saturday and Sunday, July 4th. September—4th Saturday ......... Atlantic Ocean, Virginia Beach, VA, Safety Zone. A. 17 ........ August—4th Friday and Saturday. Atlantic Ocean, VA Beach, VA, Safety Zone. C. 18 ........ July 4th ...................................... Nansemond River, Suffolk, VA, Safety Zone. 19 ........ February—4th 4th. July Chickahominy River, Williamsburg, VA, Safety Zone. 20 ........ July 4th ...................................... James River, Williamsburg, VA, Safety Zone. 14 ........ 15 ........ 16 ........ Saturday, Hopewell, John H. Kerr Reservoir, Clarksville, VA, Safety Zone. Atlantic Ocean, VA Beach, VA, Safety Zone. B. All waters of John H. Kerr Reservoir within a 400 yard radius of approximate position latitude 36°37′51″ N, longitude 078°32′50″ W, located near the south end of the State Route 15 Highway Bridge. All waters of the Atlantic Ocean within a 1000 yard radius of the center located near the shoreline at approximate position latitude 36°51′12″ N, longitude 075°58′06″ W, located off the beach between 17th and 31st streets. All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°50′35″ N, longitude 075°58′09″ W, located on the 14th Street Fishing Pier. All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°49′55″ N, longitude 075°58′00″ W, located off the beach between 2nd and 6th streets. All waters of the Nansemond River within a 350 yard radius of approximate position latitude 36°44′27″ N, longitude 076°34′42″ W, located near Constant’s Wharf in Suffolk, VA. All waters of the Chickahominy River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′50″ N, longitude 076°52′17″ W, near Barrets Point, Virginia. All waters of the James River within a 350 yard radius of approximate position latitude 37°13′23.3″ N, longitude 076°40′11.8″ W, located near Kingsmill Resort. rwilkins on PROD1PC63 with RULES (d.) Coast Guard Sector North Carolina—COTP Zone 1 .......... July 4th, October—1st Friday ... VerDate Nov<24>2008 16:13 Apr 07, 2009 Jkt 217001 Morehead City Harbor Channel, NC, Safety Zone. PO 00000 Frm 00022 Fmt 4700 All waters of the Morehead City Harbor Channel that fall within a 360 yard radius of latitude 34°43′01″ N, longitude 076°42′59.6″ W, a position located at the west end of Sugar Loaf Island, NC. Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15853 TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Date Location Regulated area 2 .......... April—2nd Saturday, July 4th, August—3rd Monday, October—1st Friday. Cape Fear River, Wilmington, NC, Safety Zone. 3 .......... July 4th ...................................... Green Creek and Smith Creek, Oriental, NC, Safety Zone. 4 .......... July 4th ...................................... Pasquotank River, Elizabeth City, NC, Safety Zone. 5 .......... July 4th ...................................... Currituck Sound, Corolla, NC, Safety Zone. 6 .......... July 4th, November—3rd Saturday. Middle Sound, Figure Eight Island, NC, Safety Zone. 7 .......... June—2nd Saturday, July—1st Saturday after July 4th. Pamlico River, Washington, NC, Safety Zone. 8 .......... July 4th ...................................... Neuse River, New Bern, NC, Safety Zone. 9 .......... July 4th ...................................... Edenton Bay, Safety Zone. 10 ........ July 4th, November—4th Monday. Motts Channel, Banks Channel, Wrightsville Beach, NC, Safety Zone. 11 ........ July 4th ...................................... Cape Fear River, Southport, NC, Safety Zone. 12 ........ July 4th ...................................... Big Foot Slough, Ocracoke, NC, Safety Zone. 13 ........ rwilkins on PROD1PC63 with RULES Number August—1st Tuesday ................ New River, Jacksonville, NC, Safety Zone. All waters of the Cape Fear River within an area bound by a line drawn from the following points: latitude 34°13′54″ N, longitude 077°57′06″ W; thence northeast to latitude 34°13′57″ N, longitude 077°57′05″ W; thence north to latitude 34°14′11″ N, longitude 077°57′07″ W; thence northwest to latitude 34°14′22″ N, longitude 077°57′19″ W; thence west to latitude 34°14′22″ N, longitude 077°57′06″ W; thence southeast to latitude 34°14′07″ N, longitude 077°57′00″ W; thence south to latitude 34°13′54″ N, longitude 077°56′58″ W; thence to the point of origin, located approximately 500 yards north of Cape Fear Memorial Bridge. All waters of Green Creek and Smith Creek that fall within a 300 yard radius of the fireworks launch site at latitude 35°01′29.6″ N, longitude 076°42′10.4″ W, located near the entrance to the Neuse River in the vicinity of Oriental, NC. All waters of the Pasquotank River within a 300 yard radius of the fireworks launch site in approximate position latitude 36°18′00″ N, longitude 076°13′00″ W, approximately 200 yards south of the east end of the Elizabeth City Bascule Bridges. All waters of the Currituck Sound within a 300 yard radius of the fireworks barge in approximate position latitude 36°22′48″ N, longitude 075°51′15″ W. All waters of the Figure Eight Island Causeway Channel from latitude 34°16′32″ N, longitude 077°45′32″ W, thence east along the marsh to a position located at latitude 34°16′19″ N, longitude 077°44′55″ W, thence south to the causeway at position latitude 34°16′16″ N, longitude 077°44′58″ W, thence west along the shoreline to position latitude 34°16′29″ N, longitude 077°45′34″ W, thence back to the point of origin. All waters of the Pamlico River that fall within a 300 yard radius of the fireworks launch site at latitude 35°32′19″ N, longitude 077°03′20.5″ W, located 500 yards north of Washington railroad trestle bridge. All waters of the Neuse River within a 360 yard radius of the fireworks barge in approximate position latitude 35°06′07.1″ N, longitude 077°01′35.8″ W, located 420 yards north of the New Bern, Twin Span, high rise bridge. All waters within a 300 yard radius of position latitude 36°03′04″ N, longitude 076°36′18″ W, approximately 150 yards east of the entrance to Queen Anne Creek, Edenton, NC. All waters of Motts Channel within a 300 yard radius of the fireworks barge in approximate position latitude 34°12′29″ N, longitude 077°48′27″ W, approximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC. All waters of the Cape Fear River within a 600 yard radius of the fireworks barge in approximate position latitude 33°54′40″ N, longitude 078°01′18″ W, approximately 700 yards south of the waterfront at Southport, NC. All waters of Big Foot Slough within a 300 yard radius of the fireworks launch site in approximate position latitude 35°06′54″ N, longitude 075°59′24″ W, approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC. All waters of the New River within a 300 yard radius of the fireworks launch site in approximate position latitude 34°44′45″ N, longitude 077°26′18″ W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina. VerDate Nov<24>2008 16:13 Apr 07, 2009 Jkt 217001 PO 00000 Frm 00023 Edenton, Fmt 4700 NC, Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 15854 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations Dated: February 19, 2009. Fred M. Rosa, Jr., Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E9–7885 Filed 4–7–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Regulatory Information Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–0752] RIN 1625–AA87 Security Zone; West Basin, Port Canaveral Harbor, Cape Canaveral, FL rwilkins on PROD1PC63 with RULES SUMMARY: The Coast Guard has established a security zone encompassing the navigable waters of the West Basin, Port Canaveral Harbor, Cape Canaveral, Florida. This security zone will be activated 4 hours prior to the scheduled arrival of a cruise ship at the West Basin. It is only enforceable during Maritime Security (MARSEC) Levels 2 and 3 or when there is a specific credible threat during MARSEC Level 1. This security zone will remain activated until the departure of all cruise ships from the West Basin. DATES: This rule is effective May 8, 2009. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2008–0752 and are available online by going to http:// www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG– 2008–0752 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. 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 the Coast Guard Sector Jacksonville Prevention Department, 4200 Ocean Street, Atlantic Beach, Florida 32233, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Lieutenant Commander Mark Gibbs at 16:13 Apr 07, 2009 On October 20, 2008, we published a notice of proposed rulemaking (NPRM) entitled Security Zone; West Basin, Port Canaveral Harbor, Cape Canaveral, Florida in the Federal Register (73 FR 62235). We received three letters commenting on the rule. No public meeting was requested, and none was held. Background and Purpose Coast Guard, DHS. ACTION: Final rule. AGENCY: VerDate Nov<24>2008 Coast Guard Sector Jacksonville Prevention Department, Florida. Contact telephone is (904) 564–7563. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Jkt 217001 The September 11, 2001, terrorist attacks on the World Trade Center complex in New York and the Pentagon in Arlington, Virginia, proved the devastating effects of subversive activity on U.S. critical infrastructure. Since that time, the Coast Guard has been taking action to ensure the security of maritime critical infrastructure and key resources throughout the country. Subversive activity towards cruise ships and their associated passengers and crew is of paramount concern to the Coast Guard. Therefore, in order to strengthen security and further control access to the West Basin, the Captain of the Port Jacksonville has decided, after consultation with the Northeast and Eastern Central Florida Area Maritime Security Committee and in cooperation with the Canaveral Port Authority, to implement a security zone encompassing the West Basin. This security zone is only enforceable during MARSEC Levels 2 and 3 or when there is a specified credible threat during MARSEC Level 1. As reflected in 33 CFR 101.105, MARSEC level means the level set to reflect the prevailing threat environment to the marine elements of the national transportation system, including ports, vessels, facilities, and critical assets and infrastructure located on or adjacent to waters subject to the jurisdiction of the U.S. The higher the level number, the greater the threat: MARSEC Level 1 means the level for which minimum appropriate protective security measures shall be maintained at all times. MARSEC Level 2 means the level for which appropriate additional protective security measures shall be maintained for a period of time as a result of heightened risk of a transportation security incident. MARSEC Level 3 means the level for which further specific protective security measures shall be maintained for a limited period of PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 time when a transportation security incident is probable or imminent, although it may not be possible to identify the specific target. As specified in 33 CFR 101.300, the Captain of the Port will communicate any changes in the MARSEC levels through a local Broadcast Notice to Mariners, an electronic means, if available, or as detailed in the Area Maritime Security Plan developed under 46 U.S.C. 70103(b). Discussion of Comments and Changes The Coast Guard received three comments in response to the NPRM. One comment was received from a private citizen; one comment was received from the Navigation Safety Advisory Council (NAVSAC); and one comment was received from the Florida Fish and Wildlife Conservation Commission (FWC). The private citizen’s comment addressed his displeasure of a security zone being used to protect cruise ships in the West Basin of Port Canaveral Harbor. The commenter felt that cruise ships should build private ports and not be permitted to dock in public waterways. The Coast Guard took the individual’s comments into consideration; however the need to protect cruise ships and their passengers and crew is of paramount concern to the Coast Guard. The Coast Guard feels the best way to address this concern is to establish this security zone. Since this zone will only be active during MARSEC 2 and 3 or when there is a specific credible threat during MARSEC 1, the Coast Guard has determined there will be minimal impact on all waterways users. The comments from the NAVSAC and FWC addressed concerns pertaining to the rule’s notification to the public when the security zone is activated. They are of the opinion that a red flag on a 50-foot pole located at the east end of Cruise Ship terminal 10 would not be an appropriate means of notifying the public. The NAVSAC and FWC are concerned that the red flag could be mistaken as the ‘‘divers down’’ flag or the ‘‘bravo’’ flag. They are also of the opinion that law enforcement officers will be reluctant to enforce the regulation against vessel operators who claim not to have understood the meaning of the red flag. They believe the use of a red flag will make it more difficult to prosecute violators of the security zone because it will be harder to prove the element of knowledge. They feel prosecutors will be less likely to accept these cases and judges will be more likely to dismiss the charges. The NAVSAC and FWC recommend that a regulatory mark be placed at the E:\FR\FM\08APR1.SGM 08APR1

Agencies

[Federal Register Volume 74, Number 66 (Wednesday, April 8, 2009)]
[Rules and Regulations]
[Pages 15845-15854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7885]


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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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 73 permanent safety zones for 
fireworks displays at various locations within the geographic boundary 
of the Fifth Coast Guard District. This action is necessary to protect 
the life and property of the maritime public from the hazards posed by 
fireworks displays. Entry into or movement within these zones during 
the enforcement periods is prohibited without approval of the 
appropriate Captain of the Port.

DATES: This rule is effective May 8, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0189 and are available online by going to 
http://www.regulations.gov, selecting the Advanced Docket Search option 
on the right side of the screen, inserting USCG-2008-0189 in the Docket 
ID box, pressing Enter, and then clicking on the item in the Docket ID 
column. 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 the Fifth Coast 
Guard District, Prevention Division, 431 Crawford Street, Portsmouth, 
VA 23704 between 10 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Renee V. 
Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On April 15, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled, Safety Zones; Fireworks Displays within the Fifth 
Coast Guard District in the Federal Register (73 FR 20223). On November 
14, 2008, we published a Supplemental notice of proposed rulemaking 
(SNPRM) entitled Safety Zones; Fireworks Displays within the Fifth 
Coast Guard District in the Federal Register (73 FR 67444). We received 
two comments on the NPRM. No public meeting was requested, and none was 
held.

Background and Purpose

    In this rule, the Coast Guard revises 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 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 revision of the list of permanent safety zones at 
33 CFR 165.506, established for fireworks displays, adds 24 new 
locations and modifies five previously established locations within the 
geographic

[[Page 15846]]

boundary of the Fifth Coast Guard District. This rule increases the 
total number of permanent safety zones to 73 locations for fireworks 
displays within the boundary of the Fifth Coast Guard District.
    This rule adds 24 new safety zone locations to the permanent safety 
zones listed in 33 CFR 165.506. The new safety zones are listed in the 
following table.
Table of Newly Established Fireworks Safety Zones
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
8. North Atlantic Ocean, Bethany Beach, DE
9. Baltimore Inner Harbor, Patapsco River, MD
10. Anacostia River, Washington, D.C.
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

    This rule modifies five previously established safety zones at the 
following locations: Potomac River, Charles County, MD; Northwest 
Harbor (West Channel) Patapsco River, MD; Delaware River, Essington, 
PA; Atlantic Ocean, Virginia Beach, VA, safety zone A; and 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. This 
limited the opportunity for public comment. Establishing permanent 
safety zones through notice and comment rulemaking provides the public 
the opportunity to comment on the zone locations, size and length of 
time the zones will be enforced.
    Each year organizations within 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 may allow persons within the safety zone if 
conditions permit.
    The Coast Guard will publish notices in the Federal Register if an 
event sponsor reports 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 will 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 will include 
publication in the Local Notice to Mariners and Marine Information 
Broadcasts. Marine information and facsimile broadcasts may also be 
made for these events, 24 to 48 hours before the event is scheduled to 
begin, to notify the public. The public will also be notified about 
many of the listed marine events by local newspapers, radio and 
television stations. The various methods of notification provided by 
the Coast Guard and local community media outlets will facilitate 
informing mariners so they can adjust their plans accordingly.
    Fireworks barges or launch sites on land used in the locations 
stated in this rulemaking shall display a sign. The sign will be 
affixed to the port and starboard side of the barge or mounted on a 
post 3 feet above ground level when on land and in close proximity to 
the shoreline facing the water labeled ``FIREWORKS--DANGER--STAY 
AWAY''. This will 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 will 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 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 necessary to protect the safety of life and property 
on navigable waters during these fireworks events and provides the 
marine community information on safety zone locations, size, and length 
of time the zones will be active.

Discussion of Comments and Changes

    The Coast Guard received two comments in response to the NPRM which 
were addressed in the SNPRM published in the Federal Register. The 
first comment, from the North Carolina Department of Environment and 
Natural Resources, Division of Coastal Management letter of December 2, 
2008 addressed a revision to the Cape Fear River safety zone. 
Specifically, the New Hanover County, NC Fire Rescue expressed concern 
that the safety zone, as proposed for Cape Fear River, did not meet the 
county's fire code. The Coast Guard submitted a revised fireworks 
safety zone for the Cape Fear River location that was subsequently 
approved by New Hanover County and Fire Rescue. This change is included 
in this rule.
    The second comment was submitted by the Virginia Department of 
Environmental Quality, Federal Consistency Coordinator. They suggested 
that the Atlantic Ocean, Virginia Beach Safety zone be relocated 
northward of the 14th street Fishing Pier into the vicinity of 17th 
street. The change was made in this final rule.
    Lastly, the Coast Guard revised the safety zone for (b.)24, 
Anacostia River, Washington, DC. The safety zone was moved 
approximately 500 yards southeast of the shoreline near Washington 
Nationals Ball Park to accommodate a barge launch platform. This change 
was made in the interest of enhancing safety by increasing the 
pyrotechnic fallout area over the Anacostia River.
    The Coast Guard is establishing 73 safety zones on the specified 
waters listed within the Table to Sec.  165.506.

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.

[[Page 15847]]

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.
    We expect the economic impact of this 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 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 may adjust their plans accordingly. 
Notifications to the public for most events will usually be made by 
local newspapers, radio and TV stations. The Coast Guard anticipates 
that these safety zones will only be enforced two to three times per 
year.

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 operators of vessels intending to 
transit or anchor in the established safety zones during the times 
these zones are enforced.
    This rule will impact mariners desiring to transit the area 
identified as a safety zone during the times identified within this 
final rule. The safety zones identified in this final rule 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 will be able to 
transit safely around the safety zones. Further, those seeking 
permission to enter the zone may contact the appropriate Captain of the 
Port or designated Coast Guard patrol personnel on scene to gain entry 
into the zone. Lastly, before the enforcement period, we will issue 
maritime advisories widely so as to allow mariners to plan accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM and in the SNPRM we 
offered to assist small entities in understanding the rule so that they 
could 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 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

[[Page 15848]]

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 Department of Homeland Security 
Management Directive 0023.1 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g) of the Instruction, from further environmental documentation. 
This rule fits the category selected from paragraph (34)(g), as it 
would establish 73 safety zones.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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. 3306, 3703 and 
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. Revise Sec.  165.506 to read as follows:


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

    (a) Regulations. The following regulations apply to the fireworks 
safety zones listed in the Table to Sec.  165.506.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) These regulations will be enforced 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 enforcement 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 transmitted 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 feet by 4 feet 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. The public may also be 
notified about many of the listed marine events by local newspapers, 
radio and television stations. The various methods of notification 
provided by the Coast Guard and local community media outlets will 
facilitate informing mariners so they can adjust their plans 
accordingly.
    (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 15849]]



                         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 Bay,  All waters of the
                                 DE, Safety Zone.   Indian River Bay
                                                    within a 360 yard
                                                    radius of the
                                                    fireworks launch
                                                    location on the pier
                                                    in approximate
                                                    position latitude
                                                    38[deg]36'42'' 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]43'01.2'' 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 May,   North Atlantic Ocean
                                 NJ, Safety Zone.   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.
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, Safety   the fireworks barge
                                 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 River,  The waters of the
               every Thursday,   Brick Township,    Metedeconk River
               September 1st     NJ, Safety Zone.   within a 300 yard
               Thursday.                            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, Safety   within a 500 yard
                                 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]49'43.2'' 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 or     Washington         All waters of the
               2nd 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 15850]]

 
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 Branch),   Patapsco River,
                                 Baltimore, MD,     Middle Branch,
                                 Safety Zone.       within an area bound
                                                    by a line drawn from
                                                    the following
                                                    points: latitude
                                                    39[deg]15'22'' 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   Patapsco River
               December 31st.    River, MD,         within a 150 yard
                                 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   Patapsco River
               December 31st.    River, MD,         within a 100 yard
                                 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 Island,   Patuxent River
                                 Calvert County,    within a 400 yard
                                 MD, Safety Zone.   radius of the
                                                    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 Island,   Patuxent River
                                 MD, Safety Zone.   within a 300 yard
                                                    radius of the
                                                    fireworks barge in
                                                    an area bound by the
                                                    following points:
                                                    latitude
                                                    38[deg]19'42'' 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
                                 Safety Zone.       radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]41'33'' N,
                                                    longitude
                                                    076[deg]31'48'' W,
                                                    located near
                                                    Chesapeake Beach,
                                                    Maryland.
14..........  July 4th........  Choptank River,    All waters of the
                                 Cambridge, MD,     Choptank River
                                 Safety Zone.       within a 300 yard
                                                    radius of the
                                                    fireworks launch
                                                    site at Great Marsh
                                                    Point, located at
                                                    latitude
                                                    38[deg]35'06'' N,
                                                    longitude
                                                    076[deg]04'46'' W.
15..........  July--2nd and     Potomac River,     All waters of the
               last Saturday.    Charles County,    Potomac River within
                                 MD, Safety Zone.   a 300 yard radius of
                                                    the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    38[deg]20'18'' N,
                                                    longitude
                                                    077[deg]15'00'' W,
                                                    approximately 700
                                                    yards north of the
                                                    shoreline at
                                                    Fairview Beach,
                                                    Virginia.

[[Page 15851]]

 
16..........  May--last         Potomac River,     All waters of the
               Saturday, July    Charles County,    Potomac River within
               4th.              MD--Mount          a 300 yard radius of
                                 Vernon, Safety     the fireworks launch
                                 Zone.              site near the Mount
                                                    Vernon Estate, in
                                                    Fairfax County,
                                                    Virginia, located at
                                                    latitude
                                                    38[deg]42'24'' N,
                                                    longitude
                                                    077[deg]04'56'' W.
17..........  October--1st      Dukeharts          All waters of the
               Saturday.         Channel, Potomac   Potomac River within
                                 River, MD,         a 300 yard radius of
                                 Safety Zone.       the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    38[deg]13'48'' N,
                                                    longitude
                                                    076[deg]44'37'' W,
                                                    located adjacent to
                                                    Dukeharts Channel
                                                    near Coltons Point,
                                                    Maryland.
18..........  July--Day before  Potomac River,     All waters of the
               Independence      National Harbor,   Potomac River within
               Day holiday,      MD, Safety Zone.   an area bound by a
               November--last                       line drawn from the
               Friday.                              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.
19..........  July 4th,         Susquehanna        All waters of the
               September--last   River, Havre de    Susquehanna River
               Saturday.         Grace, MD,         within a 150 yard
                                 Safety Zone.       radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]32'42'' N,
                                                    longitude
                                                    076[deg]04'30'' W,
                                                    approximately 800
                                                    yards east of the
                                                    waterfront at Havre
                                                    de Grace, MD.
20..........  June and July--   Miles River, St.   All waters of the
               Saturday before   Michaels, MD,      Miles River within a
               Independence      Safety Zone.       200 yard radius of
               Day holiday.                         the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    38[deg]47'42'' N,
                                                    longitude
                                                    076[deg]12'23'' W,
                                                    located near the
                                                    waterfront of St.
                                                    Michaels, Maryland.
21..........  June and July--   Tred Avon River,   All waters of the
               Saturday or       Oxford, MD,        Tred Avon River
               Sunday before     Safety Zone.       within a 150 yard
               Independence                         radius of the
               Day holiday.                         fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]41'48'' N,
                                                    longitude
                                                    076[deg]10'38'' W,
                                                    approximately 500
                                                    yards northwest of
                                                    the waterfront at
                                                    Oxford, MD.
22..........  July 3rd........  Northeast River,   All waters of the
                                 North East, MD,    Northeast River
                                 Safety Zone.       within a 300 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]35'26'' N,
                                                    longitude
                                                    075[deg]57'00'' W,
                                                    approximately 400
                                                    yards south of North
                                                    East Community Park.
23..........  June--2nd or 3rd  Upper Potomac      All waters of the
               Saturday, July--  River,             Upper Potomac River
               1st or 2nd        Alexandria, VA,    within a 300 yard
               Saturday,         Safety Zone.       radius of the
               September--1st                       fireworks barge in
               or 2nd Saturday.                     approximate position
                                                    38[deg]48'37'' N,
                                                    077[deg]02'02'' W,
                                                    located near the
                                                    waterfront of
                                                    Alexandria,
                                                    Virginia.
24..........  March through     Anacostia River,   All waters of the
               October, at the   Washington, DC,    Anacostia River,
               conclusion of     Safety Zone.       within a 350 yard
               evening MLB                          radius of the
               games at                             fireworks barge in
               Washington                           approximate position
               Nationals Ball                       38[deg]52'16'' N,
               Park.                                077[deg]00'13'' W,
                                                    approximately 500
                                                    yards southeast of
                                                    the shoreline near
                                                    Washington Nationals
                                                    Ball Park.
25..........  June--last        Potomac River,     All waters of the
               Saturday.         Prince William     Potomac River within
                                 County, VA