Safety Zones; Eleventh Coast Guard District Annual Fireworks Events, 30584-30598 [2011-13036]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Proposed Rules]
[Pages 30584-30598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13036]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0559]
RIN 1625-AA00


Safety Zones; Eleventh Coast Guard District Annual Fireworks 
Events

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend the verbiage in listing of 
permanent safety zones during annual firework displays within the 
Eleventh Coast Guard District. This supplemental notice of proposed 
rulemaking changes the proposed regulation by adding clarifying 
language to the proposed regulation for San Diego Captain of the Port 
zone.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 27, 2011. Requests for public meetings must be 
received by the Coast Guard on or before June 15, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0559 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Lieutenant Lucas Mancini, Eleventh Coast Guard 
District Prevention Division, Waterways Management Branch, Coast Guard; 
telephone 510-437-3801 e-mail Lucas.W.Mancini@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 30585]]

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0559), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via https://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via https://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2009-0559'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8[frac12] by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0559'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact Lieutenant Junior Grade Lucas Mancini at the telephone number 
or e-mail address indicated under the FOR FURTHER INFORMATION CONTACT 
section of this notice.

Basis and Purpose

    Firework displays are held annually on a recurring basis on the 
navigable waters within the Eleventh Coast Guard District. Many of the 
annual firework events requiring safety zones do not currently reflect 
changes in actual dates and other required information. These safety 
zones are necessary to provide for the safety of the crew, spectators, 
participants of the event, participating vessels, and other users and 
vessels of the waterway from the hazards associated with firework 
displays. This proposed rule will also provide the public current 
information on safety zone locations, size, and length of time the 
zones will be active.
    The effect of these proposed safety zones will be to restrict 
general navigation in the vicinity of the events, from the start of 
each event until the conclusion of that event. These areas will be 
patrolled at the discretion of the Coast Guard. Except for persons or 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the regulated area. These regulations are 
needed to keep spectators and vessels a safe distance away from the 
firework displays to ensure the safety of participants, spectators, and 
transiting vessels.

Discussion of Proposed Rule

    The Coast Guard published a Notice of Proposed Rulemaking (NPRM) on 
February 9, 2011 entitled ``Safety Zones; Eleventh Coast Guard District 
Annual Fireworks Events'' in the Federal Register (76 FR 7131). We did 
not receive any comments on the proposed rule and did not receive any 
requests for a public meeting. A public meeting was not held. The NPRM 
published for this regulation proposed establishing safety zones for 
new annual fireworks events occurring in two Southern California 
Captain of the Port Zones (COTP) and on the Colorado River between 
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona), 
and also proposed to update existing safety zones to reflect current 
information on annual firework displays occurring within the Eleventh 
Coast Guard District.
    The Coast Guard proposes to delete the limiting descriptor 
``commercial'' as applied to vessels being allowed to transit through 
the regulated areas when permitted by PATCOM in 33 CFR 165.1123(b)(4); 
and 165.1124(b)(4). Often the PATCOM will allow all queued vessels to 
transit through a zone; for example during a long break in a race. The 
Coast Guard also proposes to revise the text of 100.1123(b)(3); and 
100.1124(b)(3) to delete reference to the Patrol Commander (PATCOM) 
being located on the lead official patrol vessel. Often the PATCOM is 
located shoreside in a location that offers a better vantage point to 
monitor the event. The location of the PATCOM may also be dictated by 
radio communication requirements, or a need to be co-located with local 
law enforcement representatives.
    Additionally, the Coast Guard proposes to change the dates for the 
Mission Bay 4th of July Fireworks and the Coronado, California 
Fireworks Display from a specific date to a range of dates (``the first 
week in July''). Due to the day of the week on which the 4th of July 
falls, these are not always the desired dates. The Coast Guard also 
proposes to change the date of the San Diego Parade of Lights Fireworks

[[Page 30586]]

Display from ``late December'' to ``December'' to allow for required 
scheduling flexibility when activating the safety zone. For 
administrative efficiency and to avoid potential problems, the Coast 
Guard proposed to amend Table 1 to Sec.  165.1123 to reflect these 
changes. Finally, the proposed title of 33 CFR 165.1124 will be revised 
to clearly indicate the safety zones are located in the San Diego COTP.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. This rule is 
not a significant regulatory action because the regulations exist for a 
limited period of time on a limited portion of the waterways. 
Furthermore, individuals and vessels desiring to use the affected 
portion of the waterways may seek permission from the Patrol Commander 
to use the affected areas.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. We expect this proposed rule will affect the 
following entities, some of which may be small entities: Owners and 
operators of vessels intending to fish, sightsee, transit, or anchor in 
the waters affected by these safety zones. These regulations will not 
have a significant economic impact on a substantial number of small 
entities for several reasons: Small vessel traffic will be able to pass 
safely around the area and vessels engaged in event activities, 
sightseeing and commercial fishing have ample space outside of the area 
governed by the special local regulations to engage in these 
activities. Small entities and the maritime public will be advised of 
implementation of the safety zone via public notice to mariners or 
notice of implementation published in the Federal Register.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Junior Grade Lucas 
Mancini, Eleventh Coast Guard District Prevention Division, Waterways 
Management Branch, Coast Guard; telephone 510-437-3801, e-mail 
Lucas.W.Mancini@uscg.mil. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not

[[Page 30587]]

require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.1123 to read as follows:


Sec.  165.1123  Southern California Annual Firework Events for the San 
Diego Captain of the Port Zone.

    (a) General. Safety zones are established for the events listed in 
Table 1 of this section. Further information on exact dates, times, and 
other details concerning the exact geographical description of the 
areas are published by the Eleventh Coast Guard District in the Local 
Notice to Mariners at least 20 days prior to the event.
    (b) Regulations. All persons and vessels not registered with the 
sponsor as participants or as official patrol vessels are considered 
spectators. The ``official patrol'' consists of any Coast Guard; other 
Federal, state, or local law enforcement; and any public or sponsor-
provided vessels assigned or approved by the cognizant Coast Guard 
Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the 
through transit of participants or official patrol vessels in the 
safety zone during all applicable effective dates and times unless 
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any 
spectator located within a safety zone during all applicable effective 
dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and 
control the movement of all vessels in the safety zone. The Patrol 
Commander shall be designated by the cognizant Coast Guard Sector 
Commander; will be a U.S. Coast Guard commissioned officer, warrant 
officer, or petty officer to act as the Sector Commander's official 
representative. As the Sector Commander's representative, the PATCOM 
may terminate the event any time it is deemed necessary for the 
protection of life and property. PATCOM may be reached on VHF-FM 
Channel 13 (156.65 MHz) or 16 (156.8 MHz) when required, by the call 
sign ``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of 
vessels through the safety zone when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or 
local agencies.

                                           Table 1 to Sec.   165.1123
                                  [All coordinates referenced use datum NAD 83]
----------------------------------------------------------------------------------------------------------------
 
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                                     1. San Diego, CA POPS Fireworks Display
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Fireworks America.
Event Description...................  Fireworks Display.
Date................................  Friday/Saturday/Sunday Last weekend of June through first weekend of
                                       September.
Location............................  San Diego Bay South Embarcadero.
Regulated Area......................  800-foot radius safety zone around tug/barge combination.
----------------------------------------------------------------------------------------------------------------
                                    2. Fourth of July Fireworks, Mission Bay
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Mission Bay 4th of July Fireworks.
Event Description...................  Fireworks Display.
Date................................  The first week in July.
Location............................  Mission Bay/Paradise Point and Sail Bay, CA.
 Regulated Area.....................  800-foot radius safety zone around tug/barge combination.
----------------------------------------------------------------------------------------------------------------
                                      3. Coronado Fourth of July Fireworks
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Coronado, CA.
Event Description...................  Fireworks Display.
Date................................  The first week in July.

[[Page 30588]]

 
Location............................  Glorietta Bay, CA.
Regulated Area......................  All navigable waters of San Diego Bay in San Diego, CA within a 1200 foot
                                       radius of the fireworks barge located at approximately 32[deg]40'41'' N,
                                       117[deg]10'11'' W. Note: This will result in no through vessel traffic of
                                       Glorietta Bay for the duration of the fireworks display.
----------------------------------------------------------------------------------------------------------------
                                 4. San Diego Parade of Lights Fireworks Display
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Greater Shelter Island Association.
Event Description...................  Boat Parade.
Date................................  December.
Location............................  San Diego Harbor.
Regulated Area......................  The northern portion of the San Diego Main Ship Channel from Seaport
                                       Village to the Shelter Island Basin. (Note: See also 33 CFR 100.1101,
                                       Table 1, number 5 for related marine event).
----------------------------------------------------------------------------------------------------------------

    3. Add Sec.  165.1124 to read as follows:


Sec.  165.1124  Annual Firework Events on the Colorado River, between 
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona) 
within the San Diego Captain of Port Zone.

    (a) General. Safety zones are established for the events listed in 
Table 1 of this section. Further information on exact dates, times, and 
other details concerning the exact geographical description of the 
areas are published by the Eleventh Coast Guard District in the Local 
Notice to Mariners at least 20 days prior to the event.
    (b) Regulations. All persons and vessels not registered with the 
sponsor as participants or as official patrol vessels are considered 
spectators. The ``official patrol'' consists of any Coast Guard; other 
Federal, state, or local law enforcement; and any public or sponsor-
provided vessels assigned or approved by the cognizant Coast Guard 
Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the 
through transit of participants or official patrol vessels in the 
safety zone during all applicable effective dates and times unless 
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any 
spectator located within a safety zone during all applicable effective 
dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and 
control the movement of all vessels in the safety zone. The Patrol 
Commander shall be designated by the cognizant Coast Guard Sector 
Commander; will be a U.S. Coast Guard commissioned officer, warrant 
officer, or petty officer to act as the Sector Commander's official 
representative. As the Sector Commander's representative, the PATCOM 
may terminate the event any time it is deemed necessary for the 
protection of life and property. PATCOM may be reached on VHF-FM 
Channel 13 (156.65 MHz) or 16 (156.8 MHz) when required, by the call 
sign ``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of 
vessels through the safety zone when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or 
local agencies.

                                           Table 1 to Sec.   165.1124
                                  [All coordinates referenced use datum NAD 83]
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                  1. Avi Resort & Casino Memorial Day Fireworks
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Avi Resort & Casino.
Event Description...................  Fireworks Display.
Date................................  Sunday before Memorial Day.
Location............................  Laughlin, NV.
Regulated Area......................   River closure from 8 pm-10 pm. The safety zone includes all navigable
                                       waters of the lower Colorado River at Laughlin, NV encompassed by the
                                       following coordinates: 35[deg]01'05'' N, 114[deg]38'20'' W;
                                       35[deg]01'05'' N, 114[deg]38'15'' W; along the shoreline to
                                       35[deg]00'50'' N, 114[deg]38'13'' W; 35[deg]00'49'' N, 114[deg]38'18'' W;
                                       along the shoreline to 35[deg]01'05'' N, 114[deg]38'20'' W.
----------------------------------------------------------------------------------------------------------------
                                            2. Rockets Over the River
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Laughlin Tourism Committee.
Event Description...................  Fireworks Display.
Date................................  First week in July.
Location............................  Laughlin, NV.

[[Page 30589]]

 
Regulated Area......................  The temporary safety zone is specifically defined as all navigable waters
                                       of the lower Colorado River at Laughlin, NV encompassed by the following
                                       coordinates: 35[deg]09'53'' N, 114[deg]34'15'' W; 35[deg]09'53'' N,
                                       114[deg]34'07'' W; along the shoreline to 35[deg]09'25'' N,
                                       114[deg]34'09'' W; 35[deg]09'06'' N, 114[deg]34'17'' W; along the
                                       shoreline to 35[deg]09'53'' N, 114[deg]34'15'' W.
----------------------------------------------------------------------------------------------------------------
                                 3. Avi Resort & Casino Fourth of July Fireworks
----------------------------------------------------------------------------------------------------------------
Sponsor.............................   Avi Resort & Casino.
Event Description...................  Fireworks Display.
Date................................   First week in July.
Location............................  Laughlin, NV.
Regulated Area......................  River closure from 8 pm-10 pm. The safety zone includes all navigable
                                       waters of the lower Colorado River at Laughlin, NV encompassed by the
                                       following coordinates: 35[deg]01' 05'' N, 114[deg]38'20'' W;
                                       35[deg]01'05'' N, 114[deg]38'14'' W; along the shoreline to
                                       35[deg]00'50'' N, 114[deg]38'13'' W; 35[deg]00'49'' N, 114[deg]38'18'' W;
                                       along the shoreline to 35[deg]01'05'' N, 114[deg]38'20'' W.
----------------------------------------------------------------------------------------------------------------
                                   4. Avi Resort & Casino Labor Day Fireworks
----------------------------------------------------------------------------------------------------------------
Sponsor.............................   Avi Resort & Casino.
Event Description...................  Fireworks Display.
Date................................  Sunday before Labor Day.
Location............................  Laughlin, NV.
Regulated Area......................  River closure from 8 pm-10 pm. The safety zone includes all navigable
                                       waters of the lower Colorado River at Laughlin, NV encompassed by the
                                       following coordinates: 35[deg]01'05'' N, 114[deg]38'20'' W;
                                       35[deg]01'05'' N, 114[deg]38'15'' W; along the shoreline to
                                       35[deg]00'20'' N, 114[deg]38'13'' W; 35[deg]00'49'' N, 114[deg]38'18'' W;
                                       along the shoreline to 35[deg]01'05'' N, 114[deg]38'20'' W.
----------------------------------------------------------------------------------------------------------------

    4. Add Sec.  165.1125 to read as follows:


Sec.  165.1125  Southern California Annual Firework Events for the Los 
Angeles Long Beach Captain of the Port zone.

    (a) General. Safety zones are established for the events listed in 
Table 1 of this section. Further information on exact dates, times, and 
other details concerning the exact geographical description of the 
areas are published by the Eleventh Coast Guard District in the Local 
Notice to Mariners at least 20 days prior to the event.
    (b) Regulations. All persons and vessels not registered with the 
sponsor as participants or as official patrol vessels are considered 
spectators. The ``official patrol'' consists of any Coast Guard; other 
Federal, state, or local law enforcement; and any public or sponsor-
provided vessels assigned or approved by the cognizant Coast Guard 
Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the 
through transit of participants or official patrol vessels in the 
safety zone during all applicable effective dates and times unless 
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any 
spectator located within a safety zone during all applicable effective 
dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and 
control the movement of all vessels in the safety zone. The Patrol 
Commander shall be designated by the cognizant Coast Guard Sector 
Commander; will be a U.S. Coast Guard commissioned officer, warrant 
officer, or petty officer to act as the Sector Commander's official 
representative; and will be located aboard the lead official patrol 
vessel. As the Sector Commander's representative, the PATCOM may 
terminate the event any time it is deemed necessary for the protection 
of life and property. PATCOM may be reached on VHF-FM Channel 13 
(156.65MHz) or 16 (156.8MHz) when required, by the call sign 
``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through the safety zone when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or 
local agencies.

                                           Table 1 to Sec.   165.1125
                                  [All coordinates referenced use datum NAD 83]
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                            1. Cambria American Legion Post Fourth of July Fireworks
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Cambria American Legion Post.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Shamel Beach, Cambria, CA.

[[Page 30590]]

 
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                          2. LA County Dept of Beach and Harbors 4th of July Fireworks
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Los Angeles, CA County Dept of Beach and Harbors.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Main Ship Channel of Marina Del Rey, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                 3. Fourth of July Fireworks, City of Dana Point
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Dana Point, CA.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Offshore Dana Point Harbor, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                 4. Fourth of July Fireworks, City of Long Beach
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Long Beach, CA.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Long Beach Harbor, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                         5. Fourth of July Fireworks, Irvine Cove Community Association
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Irvine Cove Community Association.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Offshore Laguna Beach, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                         6. Fourth of July Fireworks, Emerald Bay Community Association
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Emerald Bay Community Association.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Offshore Laguna Beach, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------

[[Page 30591]]

 
                                   7. Fourth of July Fireworks, Morro Bay CoC
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Morro Bay Chamber of Commerce.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Offshore Morro Bay State Park.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                8. Fourth of July Fireworks, Catalina Island CoC
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Catalina Island Chamber of Commerce.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Avalon Bay, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                               9. Fourth of July Fireworks, City of Santa Barbara
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Santa Barbara, CA.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Harbor Entrance of Santa Barbara, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                   10. Fourth of July Fireworks, City of Faria
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Faria, CA.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Offshore Faria Beach, CA
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                               11. Fourth of July Fireworks, City of Redondo Beach
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Redondo Beach, CA.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Offshore Redondo Beach, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                 12. Fourth of July Fireworks, City of San Pedro
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of San Pedro, CA.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Offshore Cabrillo Beach, CA.

[[Page 30592]]

 
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                  13. Fourth of July Fireworks, City of Cayucos
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Cayucos, CA.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Cayucos Pier.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------

    5. Revise Sec.  165.1191 to read as follows:


Sec.  165.1191  Northern California and Lake Tahoe Area Annual 
Fireworks Events.

    (a) General. Safety zones are established for the events listed in 
Table 1 of this section. Further information on exact dates, times, and 
other details concerning the exact geographical description of the 
areas are published by the Eleventh Coast Guard District in the Local 
Notice to Mariners at least 20 days prior to the event.
    (b) Regulations. All persons and vessels not registered with the 
sponsor as participants or as official patrol vessels are considered 
spectators. The ``official patrol'' consists of any Coast Guard; other 
Federal, state, or local law enforcement; and any public or sponsor-
provided vessels assigned or approved by the cognizant Coast Guard 
Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the 
through transit of participants or official patrol vessels in the 
safety zone during all applicable effective dates and times unless 
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any 
spectator located within a safety zone during all applicable effective 
dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and 
control the movement of all vessels in the safety zone. The Patrol 
Commander shall be designated by the cognizant Coast Guard Sector 
Commander; will be a U.S. Coast Guard commissioned officer, warrant 
officer, or petty officer to act as the Sector Commander's official 
representative; and will be located aboard the lead official patrol 
vessel. As the Sector Commander's representative, the PATCOM may 
terminate the event any time it is deemed necessary for the protection 
of life and property. PATCOM may be reached on VHF-FM Channel 13 
(156.65 MHz) or 16 (156.8 MHz) when required, by the call sign 
``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through the safety zone when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or 
local agencies.

                                           Table 1 to Sec.   165.1191
                                  [All coordinates referenced use datum NAD 83]
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                    1. San Francisco Giants Fireworks Display
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  San Francisco Giants Baseball Team.
Event Description...................  Fireworks display in conjunction with baseball season home games.
Date................................  All season home games at AT&T Park.
Location............................  1,000 feet off of Pier 48.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                                 2. KFOG KaBoom
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  KFOG Radio, San Francisco, CA.
Event Description...................  Fireworks Display.
Date................................  Second or Third Saturday in May.
Location............................  1,200 feet off Candlestick Point, San Francisco, CA.

[[Page 30593]]

 
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                   3. Fourth of July Fireworks, City of Eureka
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Eureka, CA.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Humboldt Bay, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                   4. Fourth of July Fireworks, Crescent City
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Crescent City, CA.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Crescent City Harbor.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                  5. Fourth of July Fireworks, City of Monterey
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Monterey, CA: Recreation & Community Services Department.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Monterey Bay, CA: East of Municipal Wharf 2.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                       6. Light up the Sky Fireworks Display/Pillar Point Harbor Fireworks
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Various sponsors.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Half Moon Bay, CA.
Regulated Area......................  Pillar Point Harbor within the area of navigable waters within a 1,000-
                                       foot radius of the launch platform located on the harbor break wall.
----------------------------------------------------------------------------------------------------------------
                                7. Peninsula Fireworks Spectacular, Redwood City
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Peninsula Celebration Association.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Redwood City, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------

[[Page 30594]]

 
                               8. San Francisco Independence Day Fireworks Display
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  The City of San Francisco, CA and the Fisherman's Wharf Association.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location 1..........................  A barge located approximately 1000 feet off San Francisco Pier 39 at
                                       approximately 37[deg]48'49'' N, 122[deg]24'46'' W.
Location 2..........................  The end of the San Francisco Municipal Pier at Aquatic Park at
                                       approximately 37[deg]48'38'' N, 122[deg]24'30'' W.
Regulated Area 1....................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
Regulated Area 2....................  The area of navigable waters within a 1,000-foot radius of the launch
                                       platform located on the Municipal Pier.
----------------------------------------------------------------------------------------------------------------
                                 9. Jack London Square Fourth of July Fireworks
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Jack London Square Business Association.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Oakland Inner Harbor, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                  10. Fourth of July Fireworks, Berkley Marina
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  Berkeley Marina.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  Berkeley Pier, CA
Regulated Area......................  The area of navigable waters within a 1,000-foot radius of the launch
                                       platform located on the Berkeley Pier.
----------------------------------------------------------------------------------------------------------------
                                 11. Fourth of July Fireworks, City of Richmond
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Richmond.
Event Description...................  Fireworks Display.
Date................................  Week of July 4th.
Location............................  Richmond Harbor, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                 12. Fourth of July Fireworks, City of Sausalito
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Sausalito.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  1,000 feet off-shore from Sausalito, CA waterfront, north of Spinnaker
                                       Restaurant.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                 13. Fourth of July Fireworks, City of Martinez
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Martinez.
Event Description...................  Fireworks Display.

[[Page 30595]]

 
Date................................  July 4th.
Location............................  Carquinez Strait, CA
Regulated Area......................  The area of navigable waters within a 1,000-foot radius of the launch
                                       platform located on a Martinez Marina Pier.
----------------------------------------------------------------------------------------------------------------
                                  14. Fourth of July Fireworks, City of Antioch
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Antioch.
Event Description...................  Fireworks Display.
Date................................  July 4th.
Location............................  San Joaquin River, CA.
Regulated Area......................  100-foot radius around the fireworks launch barge during the loading of
                                       pyrotechnics aboard the fireworks barge and during the transit of the
                                       fireworks barge from the loading location to the display location.
                                       Increases to a 1000-foot radius upon commencement of the moving fireworks
                                       display.
----------------------------------------------------------------------------------------------------------------
                                 15. Fourth of July Fireworks, City of Pittsburg
----------------------------------------------------------------------------------------------------------------
Sponsor.............................  City of Pi