Safety Zones; Eleventh Coast Guard District Annual Fireworks Events, 50669-50680 [2011-20761]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Rules and Regulations]
[Pages 50669-50680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20761]


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

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: Final rule.

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

SUMMARY: The Coast Guard is amending multiple permanent safety zones to 
ensure public safety during annual firework displays at various 
locations in the Eleventh Coast Guard District. These amendments will 
standardize the safety zone language, update listed events, delete 
events that are no longer occurring, add new unlisted annual fireworks 
events to the regulations, and standardize the format for all tables in 
these four sections. When these safety zones are activated, and thus 
subject to enforcement, this rule would limit the movement of vessels 
within the established firework display area.

DATES: This rule is effective September 15, 2011.

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-2009-0559 and are available online by going to 
https://www.regulations.gov, inserting USCG-2009-0559 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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.

[[Page 50670]]

Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 9, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Eleventh Coast Guard District Annual Marine Events, in 
the Federal Register (76 FR 27). On May 26, 2011, we published a 
supplemental notice of proposed rulemaking (SNPRM) of the same title to 
add clarifying language to the proposed rule (76 FR 30584). We received 
no comments on either the NPRM or the SNPRM or a request for public 
meeting. A public meeting was not held.

Background 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 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 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.
    33 CFR 165.1191 has not been updated recently and Sec. Sec.  
165.1123, 165.1124, and 165.1125 need to be added. In addition, 
information for those events that continue to occur has changed in some 
cases and requires updating. Also, there are minor corrections required 
in the regulatory text. Finally, amending the text will create 
standardization with the regulations.

Discussion of Rule

    The Coast Guard is revising 33 CFR 165.1191, and adding 33 CFR 
165.1123, 165.1124, 165.1125. These amendments are necessary to provide 
the public with current information on the annual firework displays 
occurring within the Eleventh Coast Guard District. 33 CFR 165.1191 is 
revised to conform existing regulatory language for regulations 
establishing permanent safety zones for annual firework events within 
the Eleventh Coast Guard District. The Coast Guard is adding 33 CFR 
165.1123, 165.1124, and 165.1125 to establish safety zones for annual 
firework events in two Southern California Captain of the Port Zones, 
and on the Colorado River between Davis Dam (Bullhead City, Arizona) 
and Headgate Dam (Parker, Arizona).
    Table 1 for each of the listed sections will be updated or added as 
follows: update with current information existing events, add 
previously unlisted events, and delete listed events that the Coast 
Guard has been unable to verify as continuing.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. We expect the economic impact of this 
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. Further, 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 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 
would not have a significant economic impact on a substantial number of 
small entities.
    We expect this rule will affect the following entities, some of 
which may be small entities: the owners and operators of vessels 
intending to fish, transit, or anchor in the waters affected by these 
special local regulations. These special local regulations will not 
have a significant economic impact on a substantial number of small 
entities for the following 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 these special local regulations 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 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 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 rule or any policy 
or action of the Coast Guard.

Collection of Information

    This 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

[[Page 50671]]

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 (adjusted for 
inflation) or more in any one year. Though this 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 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 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.


0
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 (156.65MHz) or 16 (156.8MHz) 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.

[[Page 50672]]



                       Table 1 to Sec.   165.1123
             [All coordinates referenced use datum NAD 83.]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                 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.
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.)
------------------------------------------------------------------------


0
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 (156.65MHz) or 16 (156.8MHz) 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.

[[Page 50673]]

 
Regulated Area............................  River closure from 8pm-10pm.
                                             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.
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 8pm-10pm.
                                             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 8pm-10pm.
                                             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.
------------------------------------------------------------------------


0
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 50674]]

 
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 1,000-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 1,000-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 1,000-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 1,000-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 1,000-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 1,000-foot radius upon
                                             commencement of the
                                             fireworks display.
------------------------------------------------------------------------
               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 1,000-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 1,000-foot radius upon
                                             commencement of the
                                             fireworks display.
------------------------------------------------------------------------

[[Page 50675]]

 
           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 1,000-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 1,000-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 1,000-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.
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 1,000-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 1,000-foot radius upon
                                             commencement of the
                                             fireworks display.
------------------------------------------------------------------------


0
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 
(156.65MHz) or 16 (156.8MHz) when required, by the call sign 
``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of 
commercial

[[Page 50676]]

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 1,000-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.
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 1,000-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 1,000-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 1,000-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 1,000-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 1,000-foot radius upon
                                             commencement of the
                                             fireworks display.
------------------------------------------------------------------------

[[Page 50677]]

 
           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 1,000-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 1,000-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.
Lo