Safety Zones; Fireworks Displays Within the Fifth Coast Guard District, 66239-66248 [2011-27645]

Download as PDF Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules DEPARTMENT OF THE TREASURY DEPARTMENT OF HOMELAND SECURITY Internal Revenue Service Coast Guard 26 CFR Parts 1 33 CFR Part 165 [REG–158677–05] [Docket No. USCG–2011–0118] RIN 1625–AA00 RIN 1545–BF24 Effect of Election on Corporation Safety Zones; Fireworks Displays Within the Fifth Coast Guard District Internal Revenue Service (IRS), Treasury. AGENCY: AGENCY: Withdrawal of notice of proposed rulemaking. ACTION: This document withdraws the proposed regulation seeking to clarify that if a bank is an S corporation within the meaning of section 1361(a)(1), its status as an S corporation does not affect the applicability of the special rules for banks under the Internal Revenue Code. FOR FURTHER INFORMATION CONTACT: Laura Fields at (202) 622–3050 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background On August 24, 2006, the Treasury Department and the IRS published in the Federal Register (71 FR 50007) a notice of proposed rulemaking under section 1363 (REG–158677–05), relating to the applicability of the special banking rules to banks that are S corporations within the meaning of section 1361(a)(1) of the Internal Revenue Code. The Treasury Department and the IRS received written comments on the proposed regulation from various interested parties. The Treasury Department and the IRS have decided to withdraw the proposed regulation. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. jlentini on DSK4TPTVN1PROD with PROPOSALS Withdrawal of Notice of Proposed Rulemaking Accordingly, under the authority of 26 U.S.C. 7805, the notice of proposed rulemaking (REG–158677–05) that was published in the Federal Register on August 24, 2006 (71 FR 50007) is withdrawn. [FR Doc. 2011–27631 Filed 10–25–11; 8:45 am] BILLING CODE 4830–01–P VerDate Mar<15>2010 16:20 Oct 25, 2011 Jkt 226001 Coast Guard, DHS. Notice of proposed rulemaking. The Coast Guard proposes to revise the list of permanent safety zones established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these proposed zones during the enforcement periods is prohibited without approval of the appropriate Captain of the Port. DATES: Comments and related material must be received by the Coast Guard on or before November 25, 2011. ADDRESSES: You may submit comments identified by docket number USCG– 2011–0118 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. SUMMARY: SUMMARY: Steven T. Miller, Deputy Commissioner for Services and Enforcement. ACTION: If you have questions on this proposed rule, call or e-mail Dennis Sens, Prevention Division, Fifth Coast Guard District; telephone 757–398–6204, e-mail Dennis.M.Sens@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: FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 66239 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–2011–0118), 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–2011–0118’’ 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 81⁄2 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 E:\FR\FM\26OCP1.SGM 26OCP1 66240 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2011– 0118’’ 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. jlentini on DSK4TPTVN1PROD with PROPOSALS Basis and Purpose In this rule the Coast Guard proposes to revise the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. For a description of the geographical area of the Fifth District and subordinate Coast Guard Sectors—Captain of the Port Zones, please see 33 CFR 3.25. Currently there are 73 permanent safety zones that are established for annually recurring fireworks displays within the geographic boundaries of the Fifth Coast Guard District. The Coast Guard proposes to revise the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays, by adding 3 new locations, deleting 2 previously established locations and modifying 19 previously established locations within the geographic boundary of the Fifth Coast Guard District. This rule will increase the total number of permanent safety zones to 74 locations for fireworks displays within the boundary of the Fifth Coast Guard District. VerDate Mar<15>2010 16:20 Oct 25, 2011 Jkt 226001 This rule proposes to add 3 new safety zone locations to the permanent safety zones listed in 33 CFR 165.506. The new safety zones include locations at: North Atlantic Ocean, Atlantic City, NJ; Great Wicomico River, Mila, VA; and Cockrell’s Creek, Reedville, VA. The 19 previously established safety zone locations proposed for modification by this rule are: Severn River and Spa Creek, Annapolis, MD; Baltimore Inner Harbor, Patapsco River, MD, (2 locations); Patuxent River, Calvert County, MD; Chesapeake Bay, Chesapeake Beach, MD; Potomac River, Charles County, MD; Potomac River, Charles County, MD near Mount Vernon; Potomac River, National Harbor, MD; Miles River, St. Michaels, MD; Tred Avon River, Oxford, MD; Upper Potomac River, Alexandria, VA; Anacostia River, Washington, DC; Potomac River, Prince William County, VA; North Atlantic Ocean, Ocean City, NJ; Chesapeake Bay, Norfolk, VA; North Atlantic Ocean, Virginia Beach, VA (2 locations); Pamlico River, Washington, NC; and Motts Channel, Banks Channel, Wrightsville Beach, NC. Safety zone modifications include revision to dates and minor changes to coordinates that define safety zone boundaries. The Coast Guard typically receives numerous applications for fireworks displays in these general areas. Previously, a temporary safety zone was established on an emergency basis for each display. This limited the opportunity for public comment. Establishing permanent safety zones through notice and comment rulemaking provides the public the opportunity to comment on the safety zone locations, size, and length of time the zones will be enforced. Each year organizations in the Fifth Coast Guard District sponsor fireworks displays in the same general location and time period. Each event uses a barge or an on-shore site near the shoreline as the fireworks launch platform. A safety zone is used to control vessel movement within a specified distance surrounding the launch platforms to ensure the safety of persons and property. Coast Guard personnel on scene may allow boaters within the safety zone if conditions permit. The Coast Guard would publish notices in the Federal Register if an event sponsor reported a change to the listed event venue or date. In the case of inclement weather the event usually will be conducted on the day following the date listed in the Table to § 165.506. Coast Guard Captains of the Port would give notice of the enforcement of each safety zone by all appropriate means to provide the widest dissemination of PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 notice among the affected segments of the public. This would include publication in the Local Notice to Mariners and Marine Information Broadcasts. Marine information and facsimile broadcasts may also be made for these events, beginning 24 to 48 hours before the event. Fireworks barges or launch sites on land used in the locations stated in this rulemaking would also display a sign labeled ‘‘FIREWORKS—DANGER—STAY AWAY’’* * * The sign would be affixed to the port and starboard side of the barge or mounted on a post 3 feet above ground level when on land and in close proximity to the shoreline facing the water. This sign provides on scene notice that the safety zone is or will be enforced on that day. The sign will be diamond shaped, 4 feet by 4 feet with a 3-inch orange retro-reflective border. The word ‘‘DANGER’’ shall be 10-inch black block letters centered on the sign with the words ‘‘FIREWORKS’’ and ‘‘STAY AWAY’’ in 6 inch black block letters placed above and below the word ‘‘DANGER’’ respectively on a white background. There would also be a Coast Guard patrol vessel on scene 30 minutes before the display is scheduled to start until 30 minutes after its completion to enforce the safety zone. The enforcement period for these proposed safety zones is from 5:30 p.m. to 1 a.m. local time. However, vessels may enter, remain in, or transit through these safety zones during this timeframe if authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene, as provided for in 33 CFR 165.23. This rule is being proposed to provide for the safety of life on navigable waters during the events and to give the marine community the opportunity to comment on the proposed zone locations, size, and length of time the zones will be active. Discussion of Proposed Rule The Coast Guard proposes to revise the regulations at 33 CFR 165.506 by adding the following 3 permanent safety zone locations. North Atlantic Ocean, Atlantic City, NJ, Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge located at latitude 39°20′58″ N, longitude 074°25′58″ W, near the shoreline at Atlantic City, NJ. Great Wicomico River, Mila, VA, Safety Zone All waters of the Great Wicomico River located within a 420 foot radius of the fireworks display at approximate E:\FR\FM\26OCP1.SGM 26OCP1 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules position latitude 37°50′31″ N, longitude 076°19′42″ W near Mila, Virginia. Cockrell’s Creek, Reedville, VA, Safety Zone All waters of Cockrell’s Creek located within a 420 foot radius of the fireworks display at approximate position latitude 37°49′54″ N, longitude 076°16′44″ W near Reedville, Virginia. The Coast Guard proposes to revise regulations at 33 CFR 165.506 by modifying 19 existing permanent safety zone locations. The following table shows where these 19 existing permanent safety zones are listed within the Table to 33 CFR 165.506 and describes the revisions that are being made to these safety zones. Number Table to § 165.506 section Location 1 ................. 2 ................. 3 ................. a.11 ........................................................... b.2 ............................................................. b.6 ............................................................. N. Atlantic Ocean, Ocean City, NJ ............................................. Severn River & Spa Creek, Annapolis, MD ............................... Baltimore Inner Harbor, Patapsco River, MD ............................ 4 ................. b.7 ............................................................. Baltimore Inner Harbor, Patapsco River, MD ............................ 5 ................. 6 ................. 7 ................. b.9 ............................................................. b.11 ........................................................... b.13 ........................................................... Patuxent River, Calvert County, MD .......................................... Chesapeake Bay, Chesapeake Beach, MD ............................... Potomac River, Charles County, MD ......................................... 8 ................. 9 ................. b.14 ........................................................... b.16 ........................................................... Potomac River, Charles County, MD, Mount Vernon ................ Potomac River, National Harbor, MD ......................................... 10 11 12 13 14 ............... ............... ............... ............... ............... b.18 b.19 b.21 b.22 b.23 ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... Miles River, St. Michaels, MD .................................................... Tred Avon River, Oxford, MD ..................................................... Upper Potomac River, Alexandria, VA ....................................... Anacostia River, Washington, DC .............................................. Potomac River, Prince William County, VA ............................... 15 16 17 18 19 ............... ............... ............... ............... ............... c.10 ........................................................... c.16 ........................................................... c.17 ........................................................... d.7 ............................................................. d.10 ........................................................... Chesapeake Bay, Norfolk, VA ................................................... N. Atlantic Ocean, Virginia Beach, VA ....................................... N. Atlantic Ocean, Virginia Beach, VA ....................................... Pamlico River, Washington, NC ................................................. Motts Channel, Banks Channel, Wrightsville Beach, NC .......... The Coast Guard proposes to amend regulations at 33 CFR 165.506 by Number disestablishing the following 2 permanent safety zones. All coordinates Date Location 66241 Revision Event date. Coordinates. Event date & nates. Event date & nates. Coordinates. Coordinates. Event date & nates Coordinates. Event date & nates. Coordinates. Coordinates. Event date. Coordinates. Event date & nates. Event date. Event date. Event date. Coordinates. Event date. coordicoordi- coordicoordi- coordi- listed for the following safety zones reference Datum NAD 1983. Regulated area (b) Coast Guard Sector Baltimore—COTP Zone 10 ............... July 4th ............................... 11 ............... July 4th ............................... Patuxent River, Solomons Island, Calvert County, MD, Safety Zone. Patuxent River, Solomons Island, MD, Safety Zone. jlentini on DSK4TPTVN1PROD with PROPOSALS 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 and executive orders. Regulatory Planning and Review This NPRM has not been designated a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and VerDate Mar<15>2010 16:20 Oct 25, 2011 Jkt 226001 All waters of the Patuxent River within a 400 yard radius of the fireworks barge located at latitude 38°19′03″ N, longitude 076°26′07.6″ W. All waters of Patuxent River within a 300 yard radius of the fireworks barge in an area bound by the following points: latitude 38°19′42″ N, longitude 076°28′02″ W; thence to latitude 38°19′26″ N, longitude 076°28′18″ W; thence to latitude 38°18′48″ N, longitude 076°27′42″ W; thence to latitude 38°19′06″ N, longitude 076°27’25’’ W; thence to the point of origin, located near Solomons Island, MD. benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This finding is based on the short amount of time that vessels would be restricted from the zones, and the small zone sizes positioned in low vessel traffic areas. Vessels would not be precluded from getting underway, or mooring at any piers or marinas currently located in the vicinity of the proposed safety zones. Advance PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 notifications would also be made to the local maritime community by issuing Local Notice to Mariners, Marine information and facsimile broadcasts so mariners can adjust their plans accordingly. Notifications to the public for most events will usually be made by local newspapers, radio and TV stations. The Coast Guard anticipates that these safety zones will only be enforced 2 to 3 times per year. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this proposed rule would have a significant economic impact on a E:\FR\FM\26OCP1.SGM 26OCP1 66242 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 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, if promulgated, will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities some of which may be small entities: The owners and operators of vessels intending to transit or anchor in the proposed safety zones during the times these zones are enforced. These proposed safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: The enforcement period will be short in duration and, in many of the zones, vessels can transit safely around the safety zones. Generally, blanket permission to enter, remain in, or transit through these safety zones will be given except during the period that the Coast Guard patrol vessel is present. Before the enforcement period, we will issue maritime advisories widely. 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. jlentini on DSK4TPTVN1PROD with PROPOSALS Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under FOR FURTHER INFORMATION CONTACT. 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.). VerDate Mar<15>2010 16:20 Oct 25, 2011 Jkt 226001 Federalism Energy Effects 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. We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. 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. PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 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 preliminary determination is available in the docket where indicated under ADDRESSES. This proposed rule involves implementation of regulations within 33 CFR Part 165 that establish safety zones on navigable waters of the United States, and, therefore paragraph (34)(g) of figure 2– 1 applies. These safety zones are enforced for the duration of the E:\FR\FM\26OCP1.SGM 26OCP1 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules fireworks displays, which are launched from or adjacent to navigable waters of the United States and may have potential for negative impact on the safety or other interest of waterway users and shore side activities in the event area. The category of activities includes fireworks launched from barges at or near the shoreline that generally rely on the use of navigable waters as a safety buffer. 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, and 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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Revise § 165.506 to read as follows: § 165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays. (a) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply. (2) The following regulations apply to the fireworks safety zones listed in the Table to § 165.506. These regulations will be enforced annually, for the duration of each fireworks event listed in the Table to § 165.506. In the case of inclement weather, the event may be conducted on the day following the date listed in the Table to § 165.506. Annual notice of the exact dates and times of the enforcement period of the regulation with respect to each safety zone, the geographical area, and other details concerning the nature of the fireworks event will be published in Local Notices to Mariners and via Broadcast Notice to Mariners over VHF–FM marine band radio. (3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. Those personnel are comprised of commissioned, warrant, and petty officers of the U.S. Coast Guard. Other Federal, State and local agencies may assist these personnel in the enforcement of the safety zone. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (b) Notification. (1) Fireworks barges and launch sites on land that operate within the regulated areas contained in the Table to § 165.506 will have a sign affixed to the port and starboard side of the barge or mounted on a post 3 feet above ground level when on land immediately adjacent to the shoreline and facing the water labeled ‘‘FIREWORKS—DANGER—STAY AWAY.’’ This will provide on scene notice that the safety zone will be enforced on that day. This notice will consist of a diamond shaped sign 4 feet by 4 feet with a 3-inch orange retro reflective border. The word ‘‘DANGER’’ shall be 10 inch black block letters centered on the sign with the words ‘‘FIREWORKS’’ and ‘‘STAY AWAY’’ in 6 inch black block letters placed above and below the word ‘‘DANGER’’ respectively on a white background. (2) Coast Guard Captains of the Port in the Fifth Coast Guard District will 66243 notify the public of the enforcement of these safety zones by all appropriate means to effect the widest publicity among the affected segments of the public. Publication in the Local Notice to Mariners, marine information broadcasts, and facsimile broadcasts may be made for these events, beginning 24 to 48 hours before the event is scheduled to begin, to notify the public. (c) Contact Information. Questions about safety zones and related events should be addressed to the local Coast Guard Captain of the Port for the area in which the event is occurring. Contact information is listed below. For a description of the geographical area of each Coast Guard Sector—Captain of the Port zone, please see 33 CFR 3.25. (1) Coast Guard Sector Delaware Bay—Captain of the Port Zone, Philadelphia, Pennsylvania: (215) 271– 4944. (2) Coast Guard Sector Baltimore— Captain of the Port Zone, Baltimore, Maryland: (410) 576–2525. (3) Coast Guard Sector Hampton Roads—Captain of the Port Zone, Norfolk, Virginia: (757) 483–8567. (4) Coast Guard Sector North Carolina—Captain of the Port Zone, Wilmington, North Carolina: (877) 229– 0770 or (910) 772–2200. (d) Enforcement Period. The safety zones in the Table to § 165.506 will be enforced from 5:30 p.m. to 1 a.m. each day a barge with a ‘‘FIREWORKS— DANGER—STAY AWAY’’ sign on the port and starboard side is on-scene or a ‘‘FIREWORKS—DANGER—STAY AWAY’’ sign is posted on land adjacent to the shoreline, in a location listed in the Table to § 165.506. Vessels may not enter, remain in, or transit through the safety zones during these enforcement periods unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene. TABLE TO § 165.506 [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Number Date Location Regulated area (a.) Coast Guard Sector Delaware Bay—COTP Zone July 4th ............................ 2 .......... jlentini on DSK4TPTVN1PROD with PROPOSALS 1 .......... Labor Day ........................ 3 .......... July 4th ............................ 4 .......... July 4th ............................ VerDate Mar<15>2010 16:20 Oct 25, 2011 North Atlantic Ocean, Bethany Beach, DE, Safety Zone. Indian River Bay, DE, Safety Zone. North Atlantic Ocean, Rehoboth Beach, DE, Safety Zone. North Atlantic Ocean, Avalon, NJ, Safety Zone. Jkt 226001 PO 00000 Frm 00046 The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate position latitude 38°32′08″ N, longitude 075°03′15″ W, adjacent to shoreline of Bethany Beach, DE. All waters of the Indian River Bay within a 360 yard radius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N, longitude 075°08′18″ W, about 700 yards east of Pots Net Point, DE. All waters of the Atlantic Ocean within a 360 yard radius of the fireworks barge in approximate position latitude 38°43′01.2″ N, longitude 075°04′21″ W, approximately 400 yards east of Rehoboth Beach, DE. The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°05′31″ N, longitude 074°43′00″ W, in the vicinity of the shoreline at Avalon, NJ. Fmt 4702 Sfmt 4702 E:\FR\FM\26OCP1.SGM 26OCP1 66244 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Number Date Location Regulated area 5 .......... July 4th, September—2nd Saturday. 6 .......... July 4th ............................ 7 .......... July 3rd ............................ 8 .......... August—3rd Sunday ....... 9 .......... July 4th, August every Thursday. September 1st Thursday July—1st Friday .............. Barnegat Bay, Barnegat Township, NJ, Safety Zone. North Atlantic Ocean, Cape May, NJ, Safety Zone. Delaware Bay, North Cape May, NJ, Safety Zone. Great Egg Harbor Inlet, Margate City, NJ, Safety Zone. Metedeconk River, Brick Township, NJ, Safety Zone. North Atlantic Ocean, Atlantic City, NJ, Safety Zone. North Atlantic Ocean, Ocean City, NJ, Safety Zone. Barnegat Bay, Ocean Township, NJ, Safety Zone. Little Egg Harbor, Parker Island, NJ, Safety Zone. The waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°44′50″ N, longitude 074°11′21″ W, approximately 500 yards north of Conklin Island, NJ. The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W, immediately adjacent to the shoreline at Cape May, NJ. All waters of the Delaware Bay within a 500 yard radius of the fireworks barge in approximate position latitude 38°58′00″ N, longitude 074°58′30″ W. All waters within a 500 yard radius of the fireworks barge in approximate location latitude 39°19′33″ N, longitude 074°31′28″ W, on the Intracoastal Waterway near Margate City, NJ. The waters of the Metedeconk River within a 300 yard radius of the fireworks launch platform in approximate position latitude 40°03′24″ N, longitude 074°06′42″ W, near the shoreline at Brick Township, NJ. The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge located at latitude 39°20′58″ N, longitude 074°25′58″ W, near the shoreline at Atlantic City, NJ. The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°16′22″ N, longitude 074°33′54″ W, in the vicinity of the shoreline at Ocean City, NJ. All waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°47′33″ N, longitude 074°10′46″ W. 10 ........ 11 ........ July 4th, October—1st Saturday. 12 ........ May—4th Saturday ......... 13 ........ July 4th ............................ 14 ........ September—3rd Saturday Delaware River, Chester, PA, Safety Zone. 15 ........ September—3rd Saturday 16 ........ July 4th, Columbus Day, December 31st, January 1st. Delaware River, Essington, PA, Safety Zone. Delaware River, Philadelphia, PA, Safety Zone. All waters of Little Egg Harbor within a 500 yard radius of the fireworks barge in approximate position latitude 39°34′18″ N, longitude 074°14′43″ W, approximately 100 yards north of Parkers Island. All waters of the Delaware River near Chester, PA just south of the Commodore Barry Bridge within a 250 yard radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N, longitude 075°22′42″ W. All waters of the Delaware River near Essington, PA, west of Little Tinicum Island within a 250 yard radius of the fireworks barge located in the approximate position latitude 39°51′18″ N, longitude 075°18′57″ W. All waters of Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded from shoreline to shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39°56′31.2″ N, longitude 075°08′28.1″ W; thence to latitude 39°56′29.1″ N, longitude 075°07′56.5″ W, and bounded on the north by the Benjamin Franklin Bridge. (b.) Coast Guard Sector Baltimore—COTP Zone April—1st or 2nd Saturday. 2 .......... July 4th, December—1st and 2nd, Saturday, December 31st. 3 .......... Saturday before Independence Day holiday. 4 .......... jlentini on DSK4TPTVN1PROD with PROPOSALS 1 .......... July 4th, December 31st 5 .......... June 14th, July 4th, September—2nd Saturday, December 31st. May—2nd or 3rd Thursday or Friday, July 4th, December 31st. 6 .......... VerDate Mar<15>2010 16:20 Oct 25, 2011 Washington Channel, Upper Potomac River, Washington, DC, Safety Zone. Severn River and Spa Creek, Annapolis, MD, Safety Zone. All waters of the Upper Potomac River within a 150 yard radius of the fireworks barge in approximate position latitude 38°52′09″ N, longitude 077°01′13″ W, located within the Washington Channel in Washington Harbor, DC. All waters of the Severn River and Spa Creek within an area bounded by a line drawn from latitude 38°58′40″ N, longitude 076°28′49″ W; thence to latitude 38°58′26″ N, longitude 076°28′28″ W; thence to latitude 38°58′45″ N, longitude 076°28′07″ W; thence to latitude 38°59′01″ N, longitude 076°28′37″ W, thence to latitude 38°58′57″ N, longitude 076°28′40″ W, located near the entrance to Spa Creek in Annapolis, Maryland. Middle River, Baltimore All waters of the Middle River within a 300 yard radius of the fireworks barge County, MD, Safety in approximate position latitude 39°17′45″ N, longitude 076°23′49″ W, apZone. proximately 300 yards east of Rockaway Beach, near Turkey Point. Patapsco River (Middle All waters of the Patapsco River, Middle Branch, within an area bound by a Branch), Baltimore, line drawn from the following points: latitude 39°15′22″ N, longitude MD, Safety Zone. 076°36′36″ W; thence to latitude 39°15′10″ N, longitude 076°36′00″ W; thence to latitude 39°15′40″ N, longitude 076°35′23″ W; thence to latitude 39°15′49″ N, longitude 076°35′47″ W; thence to the point of origin, located approximately 600 yards east of Hanover Street (SR–2) Bridge. Northwest Harbor (East All waters of the Patapsco River within a 300 yard radius of the fireworks Channel), Patapsco barge in approximate position 39°15′55″ N, 076°34′35″ W, located adjacent River, MD, Safety Zone. to the East Channel of Northwest Harbor. Baltimore Inner Harbor, All waters of the Patapsco River within a 100 yard radius of the fireworks Patapsco River, MD, barge in approximate position latitude 39°17′01″ N, longitude 076°36′31″ Safety Zone. W, located at the entrance to Baltimore Inner Harbor, approximately 125 yards southwest of pier 3. Jkt 226001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\26OCP1.SGM 26OCP1 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66245 TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Number Date Location Regulated area 7 .......... 8 .......... May—2nd or 3rd Thursday or Friday, July 4th, December 31st. July 4th, December 31st 9 .......... July 4th ............................ 10 ........ July 4th ............................ Baltimore Inner Harbor, Patapsco River, MD, Safety Zone. Northwest Harbor (West Channel) Patapsco River, MD, Safety Zone. Patuxent River, Calvert County, MD, Safety Zone. Chester River, Kent Island Narrows, MD, Safety Zone. 11 ........ July 3rd ............................ Chesapeake Bay, Chesapeake Beach, MD, Safety Zone. 12 ........ July 4th ............................ 13 ........ July—2nd or 3rd Saturday and last Saturday. Choptank River, Cambridge, MD, Safety Zone. Potomac River, Charles County, MD, Safety Zone. 14 ........ May—last Saturday, July 4th. Potomac River, Charles County, MD—Mount Vernon, Safety Zone. 15 ........ October—1st Saturday .... 16 ........ July—Day before Independence Day holiday, November—3rd Thursday and last Friday, December—1st, 2nd and 3rd Friday. July 4th, September—last Saturday. Dukeharts Channel, Potomac River, MD, Safety Zone. Potomac River, National Harbor, MD, Safety Zone. Upper Potomac River, Alexandria, VA, Safety Zone. The waters of the Patapsco River within a 100 yard radius of approximate position latitude 39°17′04″ N, longitude 076°36′36″ W, located in Baltimore Inner Harbor, approximately 125 yards southeast of pier 1. All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position latitude 39°16′21″ N, longitude 076°34′38″ W, located adjacent to the West Channel of Northwest Harbor. All waters of the Patuxent River within a 200 yard radius of the fireworks barge located at latitude 38°19′17″ N, longitude 076°27′45″ W, approximately 800 feet from shore at Solomons Island, MD. All waters of the Chester River, within an area bound by a line drawn from the following points: latitude 38°58′50″ N, longitude 076°15′00″ W; thence north to latitude 38°59′00″ N, longitude 076°15′00″ W; thence east to latitude 38°59′00″ N, longitude 076°14′46″ W; thence southeast to latitude 38°58′50″ N, longitude 076°14′28″ W; thence southwest to latitude 38°58′37″ N, longitude 076°14′36″ W, thence northwest to latitude 38°58′42″ N, longitude 076°14′55″ W, thence to the point of origin, located approximately 900 yards north of Kent Island Narrows (US–50/301) Bridge. All waters of the Chesapeake Bay within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′36″ N, longitude 076°31′30″ W, and within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′28″ N, longitude 076°31′29″ W, located near Chesapeake Beach, Maryland. All waters of the Choptank River within a 300 yard radius of the fireworks launch site at Great Marsh Point, located at latitude 38°35′06″ N, longitude 076°04′46″ W. All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°20′05″ N, longitude 077°15′00″ W, approximately 500 yards north of the shoreline at Fairview Beach, Virginia. All waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38°42′30″ N, longitude 077°04′47″ W; thence to latitude 38°42′18″ N, longitude 077°04′42″ W; thence to latitude 38°42′11″ N, longitude 077°05′10″ W; thence to latitude 38°42′22″ N, longitude 077°05′12″ W; located at the Mount Vernon Estate, in Fairfax County, Virginia. All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°13′27″ N, longitude 076°44′48″ W, located adjacent to Dukeharts Channel near Coltons Point, Maryland. All waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38°47′13″ N, longitude 077°00′58″ W; thence to latitude 38°46′51″ N, longitude 077°01′15″ W; thence to latitude 38°47′25″ N, longitude 077°01′33″ W; thence to latitude 38°47′32″ N, longitude 077°01′08″ W; thence to the point of origin, located at National Harbor, Maryland. All waters of the Susquehanna River within a 150 yard radius of the fireworks barge in approximate position latitude 39°32′42″ N, longitude 076°04′30″ W, approximately 800 yards east of the waterfront at Havre de Grace, MD. All waters of the Miles River within a 200 yard radius of approximate position latitude 38°47′42″ N, longitude 076°12′51″ W, located at the entrance to Long Haul Creek. All waters of the Tred Avon River within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′24″ N, longitude 076°10′37″ W, approximately 500 yards northwest of the waterfront at Oxford, MD. All waters of the Northeast River within a 300 yard radius of the fireworks barge in approximate position latitude 39°35′26″ N, longitude 075°57′00″ W, approximately 400 yards south of North East Community Park. All waters of the Upper Potomac River within a 300 yard radius of the fireworks barge in approximate position 38°48′37″ N, 077°02′02″ W, located near the waterfront of Alexandria, Virginia. Anacostia River, Washington, DC, Safety Zone. All waters of the Anacostia River within a 150 yard radius of the fireworks barge in approximate position latitude 38°52′13″ N, longitude 077°00′16″ W, located near the Washington Nationals Ball Park. Potomac River, Prince William County, VA, Safety Zone. All waters of the Potomac River within a 200 yard radius of the fireworks barge in approximate position latitude 38°34′07″ N, longitude 077°15′32″ W, located near Cherry Hill, Virginia. 17 ........ 18 ........ 19 ........ 20 ........ jlentini on DSK4TPTVN1PROD with PROPOSALS 21 ........ 22 ........ 23 ........ June and July—Saturday before Independence Day holiday. June and July—Saturday or Sunday before Independence Day holiday. July 3rd ............................ June—2nd or 3rd Saturday, July—1st, 2nd or 3rd Saturday, September—1st or 2nd Saturday. March through October, at the conclusion of evening MLB games at Washington Nationals Ball Park. June—last Saturday, July—3rd, 4th or last Saturday or Sunday. VerDate Mar<15>2010 16:20 Oct 25, 2011 Susquehanna River, Havre de Grace, MD, Safety Zone. Miles River, St. Michaels, MD, Safety Zone. Tred Avon River, Oxford, MD, Safety Zone. Northeast River, North East, MD, Safety Zone. Jkt 226001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\26OCP1.SGM 26OCP1 66246 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Number Date Location Regulated area (c.) Coast Guard Sector Hampton Roads—COTP Zone 1 .......... July 4th ............................ North Atlantic Ocean, Ocean City, MD, Safety Zone. 2 .......... Isle of Wight Bay, Ocean City, MD, Safety Zone. 3 .......... May—4th Sunday, June—3rd Monday, and June 29th, July 4th, August—1st and 4th Sunday, September—1st and 4th Sunday. July 4th ............................ 4 .......... July 4th ............................ 5 .......... October—1st Friday ........ 6 .......... July 4th ............................ 7 .......... July 4th ............................ 8 .......... May—1st Friday, July 4th 9 .......... July 9th ............................ 10 ........ June—4th Friday, July— 1st Friday, July 4th. 11 ........ July 4th ............................ 12 ........ Memorial Day, June—1st and 2nd Friday, Saturday and Sunday, July 4th, November—4th Saturday, December— 1st Saturday and December 31st, January—1st. May—2nd Saturday, September—1st Saturday and Sunday, December—1st Saturday. July—3rd Saturday .......... 13 ........ jlentini on DSK4TPTVN1PROD with PROPOSALS 14 ........ 15 ........ 16 ........ May, June, July, August, September, October— every Wednesday, Friday, Saturday and Sunday, July 4th. September—4th Saturday or October—1st Saturday. VerDate Mar<15>2010 16:20 Oct 25, 2011 All waters of the Atlantic Ocean in an area bound by the following points: latitude 38°19′39.9″ N, longitude 075°05′03.2″ W; thence to latitude 38°19′36.7″ N, longitude 075°04′53.5″ W; thence to latitude 38°19′45.6″ N, longitude 075°04′49.3″ W; thence to latitude 38°19′49.1″ N, longitude 075°05′00.5″ W; thence to point of origin. The size of the safety zone extends approximately 300 yards offshore from the fireworks launch area located at the high water mark on the beach. All waters of Isle of Wight Bay within a 350 yard radius of the fireworks barge in approximate position latitude 38°22′32″ N, longitude 075°04′30″ W. Assawoman Bay, Fenwick Island—Ocean City, MD, Safety Zone. Broad Bay, Virginia Beach, VA, Safety Zone. All waters of Assawoman Bay within a 360 yard radius of the fireworks launch location on the pier at the West end of Northside Park, in approximate position latitude 38°25′57.6″ N, longitude 075°03′55.8″ W. All waters of the Broad Bay within a 400 yard radius of the fireworks display in approximate position latitude 36°52′08″ N, longitude 076°00′46″ W, located on the shoreline near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia. York River, West Point, All waters of the York River near West Point, VA within a 400 yard radius of VA, Safety Zone. the fireworks display located in approximate position latitude 37°31′25″ N, longitude 076°47′19″ W. York River, Yorktown, All waters of the York River within a 400 yard radius of the fireworks display VA, Safety Zone. in approximate position latitude 37°14′14″ N, longitude 076°30′02″ W, located near Yorktown, Virginia. Chincoteague Channel, All waters of the Chincoteague Channel within a 360 yard radius of the fireChincoteague, VA, works launch location at the Chincoteague carnival waterfront in approxiSafety Zone. mate position latitude 37°55′40.3″ N, longitude 075°23′10.7″ W, approximately 900 yards southwest of Chincoteague Swing Bridge. James River, Newport All waters of the James River within a 325 yard radius of the fireworks barge News, VA, Safety Zone. in approximate position latitude 36°58′30″ N, longitude 076°26′19″ W, located in the vicinity of the Newport News Shipyard, Newport News, Virginia. Chesapeake Bay, Hamp- All waters of the Chesapeake Bay within a 350 yard radius of approximate ton, VA, Safety Zone. position latitude 37°02′23″ N, longitude 076°17′22″ W, located near Buckroe Beach. Chesapeake Bay, NorAll waters of the Chesapeake Bay within a 400 yard radius of the fireworks folk, VA, Safety Zone. display located in position latitude 36°57′21″ N, longitude 076°15′00″ W, located near Ocean View Fishing Pier. Chesapeake Bay, Virginia All waters of the Chesapeake Bay 400 yard radius of the fireworks display in Beach, VA, Safety approximate position latitude 36°55′02″ N, longitude 076°03′27″ W, located Zone. at the First Landing State Park at Virginia Beach, Virginia. Elizabeth River, Southern All waters of the Elizabeth River Southern Branch in an area bound by the Branch, Norfolk, VA, following points: latitude 36°50′54.8″ N, longitude 076°18′10.7″ W; thence Safety Zone. to latitude 36°51′7.9″ N, longitude 076°18′01″ W; thence to latitude 36°50′45.6″ N, longitude 076°17′44.2″ W; thence to latitude 36°50′29.6″ N, longitude 076°17′23.2″ W; thence to latitude 36°50′7.7″ N, longitude 076°17′32.3″ W; thence to latitude 36°49′58″ N, longitude 076°17′28.6″ W; thence to latitude 36°49′52.6″ N, longitude 076°17′43.8″ W; thence to latitude 36°50′27.2″ N, longitude 076°17′45.3″ W thence to the point of origin. Appomattox River, Hope- All waters of the Appomattox River within a 400 yard radius of the fireworks well, VA, Safety Zone. barge in approximate position latitude 37°19′11″ N, longitude 077°16′55″ W. John H. Kerr Reservoir, Clarksville, VA, Safety Zone. North Atlantic Ocean, Virginia Beach, VA, Safety Zone A. All waters of John H. Kerr Reservoir within a 400 yard radius of approximate position latitude 36°37′51″ N, longitude 078°32′50″ W, located near the center span of the State Route 15 Highway Bridge. All waters of the Atlantic Ocean within a 1000 yard radius of the center located near the shoreline at approximate position latitude 36°51′12″ N, longitude 075°58′06″ W, located off the beach between 17th and 31st streets. North Atlantic Ocean, VA Beach, VA, Safety Zone B. All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°50′35″ N, longitude 075°58′09″ W, located on the 14th Street Fishing Pier. Jkt 226001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\26OCP1.SGM 26OCP1 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66247 TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Number Date Location Regulated area 17 ........ Friday, Saturday, Sunday and Monday—Labor Day Weekend. July 4th ............................ North Atlantic Ocean, VA Beach, VA, Safety Zone C. Nansemond River, Suffolk, VA, Safety Zone. 19 ........ February—4th Saturday, July 4th. 20 ........ July 4th ............................ Chickahominy River, Williamsburg, VA, Safety Zone. James River, Williamsburg, VA, Safety Zone. 21 ........ July—3rd, 4th and 5th ..... Great Wicomico River, Mila, VA, Safety Zone. 22 ........ July—1st Friday, Saturday and Sunday. Cockrell’s Creek, Reedville, VA, Safety Zone. All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°49′55″ N, longitude 075°58′00″ W, located off the beach between 2nd and 6th streets. All waters of the Nansemond River within a 350 yard radius of approximate position latitude 36°44′27″ N, longitude 076°34′42″ W, located near Constant’s Wharf in Suffolk, VA. All waters of the Chickahominy River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′50″ N, longitude 076°52′17″ W, near Barrets Point, Virginia. All waters of the James River within a 350 yard radius of approximate position latitude 37°13′23.3″ N, longitude 076°40′11.8″ W, located near Kingsmill Resort. All waters of the Great Wicomico River located within a 420 foot radius of the fireworks display at approximate position latitude 37°50′31″ N, longitude 076°19′42″ W near Mila, Virginia. All waters of Cockrell’s Creek located within a 420 foot radius of the fireworks display at approximate position latitude 37°49′54″ N, longitude 076°16′44″ W near Reedville, Virginia. 18 ........ (d.) Coast Guard Sector North Carolina—COTP Zone July 4th, October—1st Friday. 2 .......... April—2nd Saturday, July 4th, August—3rd Monday, October—1st Friday. 3 .......... July 4th ............................ Green Creek and Smith Creek, Oriental, NC, Safety Zone. 4 .......... July 4th ............................ Pasquotank River, Elizabeth City, NC, Safety Zone. 5 .......... July 4th ............................ Currituck Sound, Corolla, NC, Safety Zone. 6 .......... July 4th, November—3rd Saturday. Middle Sound, Figure Eight Island, NC, Safety Zone. 7 .......... 8 .......... June—2nd Saturday, July—1st Saturday after July 4th. July 4th ............................ Pamlico River, Washington, NC, Safety Zone. Neuse River, New Bern, NC, Safety Zone. 9 .......... July 4th ............................ Edenton Bay, Edenton, NC, Safety Zone. 10 ........ jlentini on DSK4TPTVN1PROD with PROPOSALS 1 .......... July 4th, November—Saturday following Thanksgiving. 11 ........ July 4th ............................ 12 ........ July 4th ............................ Motts Channel, Banks Channel, Wrightsville Beach, NC, Safety Zone. Cape Fear River, Southport, NC, Safety Zone. Big Foot Slough, Ocracoke, NC, Safety Zone. VerDate Mar<15>2010 16:20 Oct 25, 2011 Morehead City Harbor Channel, NC, Safety Zone. Cape Fear River, Wilmington, NC, Safety Zone. Jkt 226001 PO 00000 Frm 00050 All waters of the Morehead City Harbor Channel that fall within a 360 yard radius of latitude 34°43′01″ N, longitude 076°42′59.6″ W, a position located at the west end of Sugar Loaf Island, NC. All waters of the Cape Fear River within an area bound by a line drawn from the following points: latitude 34°13′54″ N, longitude 077°57′06″ W; thence northeast to latitude 34°13′57″ N, longitude 077°57′05″ W; thence north to latitude 34°14′11″ N, longitude 077°57′07″ W; thence northwest to latitude 34°14′22″ N, longitude 077°57′19″ W; thence east to latitude 34°14’22″ N, longitude 077°57′06″ W; thence southeast to latitude 34°14′07″ N, longitude 077°57′00″ W; thence south to latitude 34°13′54″ N, longitude 077°56′58″ W; thence to the point of origin, located approximately 500 yards north of Cape Fear Memorial Bridge. All waters of Green Creek and Smith Creek that fall within a 300 yard radius of the fireworks launch site at latitude 35°01′29.6″ N, longitude 076°42′10.4″ W, located near the entrance to the Neuse River in the vicinity of Oriental, NC. All waters of the Pasquotank River within a 300 yard radius of the fireworks launch site in approximate position latitude 36°18′00″ N, longitude 076°13′00″ W, approximately 200 yards south of the east end of the Elizabeth City Bascule Bridges. All waters of the Currituck Sound within a 300 yard radius of the fireworks barge in approximate position latitude 36°22′48″ N, longitude 075°51′15″ W. All waters of the Figure Eight Island Causeway Channel from latitude 34°16′32″ N, longitude 077°45′32″ W, thence east along the marsh to a position located at latitude 34°16′19″ N, longitude 077°44′55″ W, thence south to the causeway at position latitude 34°16′16″ N, longitude 077°44′58″ W, thence west along the shoreline to position latitude 34°16′29″ N, longitude 077°45′34″ W, thence back to the point of origin. All waters of the Pamlico River that fall within a 300 yard radius of the fireworks launch site at latitude 35°32′27″ N, longitude 077°03′40.5″ W, located 500 yards north of Washington railroad trestle bridge. All waters of the Neuse River within a 360 yard radius of the fireworks barge in approximate position latitude 35°06′07.1″ N, longitude 077°01′35.8″ W, located 420 yards north of the New Bern, Twin Span, high rise bridge. All waters within a 300 yard radius of position latitude 36°03′04″ N, longitude 076°36′18″ W, approximately 150 yards south of the entrance to Queen Anne Creek, Edenton, NC. All waters of Motts Channel within a 500 yard radius of the fireworks launch site in approximate position latitude 34°12′29″ N, longitude 077°48′27″ W, approximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC. All waters of the Cape Fear River within a 600 yard radius of the fireworks barge in approximate position latitude 33°54′40″ N, longitude 078°01′18″ W, approximately 700 yards south of the waterfront at Southport, NC. All waters of Big Foot Slough within a 300 yard radius of the fireworks launch site in approximate position latitude 35°06′54″ N, longitude 075°59′24″ W, approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC. Fmt 4702 Sfmt 4702 E:\FR\FM\26OCP1.SGM 26OCP1 66248 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.] Number Date Location Regulated area 13 ........ August—1st Tuesday ...... New River, Jacksonville, NC, Safety Zone. All waters of the New River within a 300 yard radius of the fireworks launch site in approximate position latitude 34°44′45″ N, longitude 077°26′18″ W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina. Dated: September 12, 2011. William D. Lee, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2011–27645 Filed 10–25–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Chapter VI Negotiated Rulemaking Committee, Negotiator Nominations and Schedule of Committee Meetings—Teacher Preparation and TEACH Grant Programs Office of Postsecondary Education, Department of Education. ACTION: Intent to establish negotiated rulemaking committees. AGENCY: We announce our intention to establish a negotiated rulemaking committee to prepare proposed regulations under Title II and Title IV of the Higher Education Act of 1965, as amended (HEA). The committee will include representatives of organizations or groups with interests that are significantly affected by the topics proposed for negotiation. We request nominations for individual negotiators who represent key stakeholder constituencies for the issues to be negotiated to serve on the committee and we set a schedule for committee meetings. DATES: We must receive your nominations for negotiators to serve on the committee on or before November 25, 2011. The dates, times, and locations of the committee meetings are set out in the Schedule for Negotiations section under SUPPLEMENTARY INFORMATION, below. ADDRESSES: Please send your nominations for negotiators to Wendy Macias, U.S. Department of Education, 1990 K Street, NW., room 8017, Washington, DC 20006, or by fax at (202) 502–7874. You may also e-mail your nominations to Wendy.Macias@ed.gov. FOR FURTHER INFORMATION CONTACT: For information about the content of this jlentini on DSK4TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:20 Oct 25, 2011 Jkt 226001 notice, including information about the negotiated rulemaking process or the nomination submission process, contact: Wendy Macias, U.S. Department of Education, 1990 K Street, NW., room 8017, Washington, DC 20006. Telephone: (202) 502–7526. You may also e-mail your questions about the nomination submission process to: Wendy.Macias@ed.gov. Note: For general information about the negotiated rulemaking process, see The Negotiated Rulemaking Process for Title IV Regulations, Frequently Asked Questions at https://www.ed.gov/policy/highered/reg/ hearulemaking/hea08/neg-reg-faq.html. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll free at 1–800–877–8339. SUPPLEMENTARY INFORMATION: On May 5, 2011, we published a notice in the Federal Register (76 FR 25650) announcing our intent to establish one or more negotiated rulemaking committees to develop proposed regulations under the HEA. In addition, we announced our intent to develop these proposed regulations by following the negotiated rulemaking procedures in Section 492 of the HEA. The notice also announced a series of three regional hearings at which interested parties could comment on the topics suggested by the Department and suggest additional topics for consideration for action by the negotiating committees. We also held four public roundtable discussions to complement the regional hearings. The hearings and roundtables were held in: Nashville, Tennessee (roundtable only); Tacoma, Washington; Chicago, Illinois; and Charleston, South Carolina. We invited parties to comment and submit topics for consideration in writing as well. (Transcripts from the regional hearings can be found at https:// www2.ed.gov/policy/highered/reg/ hearulemaking/2011/hearings.html. Written comments may be viewed through the Federal eRulemaking Portal at https://www.regulations.gov. Instructions for finding comments are available on the site under ‘‘How to Use Regulations.gov’’ in the Help section. Individuals can enter docket ID ED– PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 2011–OPE–0003 in the ‘‘Enter Keyword or ID’’ search box to locate the appropriate docket.) Regulatory Issues: After consideration of the information received at the regional hearings, in the roundtable discussions, and in writing, we have decided to establish a negotiating committee to address teacher preparation program issues in Title II of the HEA and in the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program authorized by Title IV of the HEA. We list the topics the committee is likely to address in the Committee Topics section, below. We intend to select negotiators for the committee who represent the interests significantly affected by the topics proposed for negotiations. In so doing, we will follow the requirement in Section 492(b)(1) of the HEA that the individuals selected must have demonstrated expertise or experience in the relevant subjects under negotiation. We will also select individual negotiators who reflect the diversity among program participants, in accordance with Section 492(b)(1) of the HEA. Our goal is to establish a committee that will allow significantly affected parties to be represented while keeping the committee size manageable. The committee may create subgroups on particular topics that may involve additional individuals who are not members of the committee. Individuals who are not selected as members of the committee will be able to attend the meetings, have access to the individuals representing their constituencies, and participate in informal working groups on various issues between the meetings. The committee meetings will be open to the public. The Department has identified the following constituencies as having interests that are significantly affected by the topics proposed for negotiations. The Department plans to seat as negotiators individuals from organizations or groups representing these constituencies: • Postsecondary students, including legal assistance organizations that represent students. • Teachers. E:\FR\FM\26OCP1.SGM 26OCP1

Agencies

[Federal Register Volume 76, Number 207 (Wednesday, October 26, 2011)]
[Proposed Rules]
[Pages 66239-66248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27645]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0118]
RIN 1625-AA00

Safety Zones; Fireworks Displays Within the Fifth Coast Guard
District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

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

DATES: Comments and related material must be received by the Coast
Guard on or before November 25, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0118 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 Dennis Sens, Prevention Division, Fifth Coast
Guard District; telephone 757-398-6204, e-mail Dennis.M.Sens@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:

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-2011-0118), 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-2011-0118'' 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\1/2\ 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

[[Page 66240]]

become highlighted in blue. In the ``Keyword'' box insert ``USCG-2011-
0118'' 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.

Basis and Purpose

In this rule the Coast Guard proposes to revise the list of
permanent safety zones at 33 CFR 165.506, established for fireworks
displays at various locations within the geographic boundary of the
Fifth Coast Guard District. For a description of the geographical area
of the Fifth District and subordinate Coast Guard Sectors--Captain of
the Port Zones, please see 33 CFR 3.25. Currently there are 73
permanent safety zones that are established for annually recurring
fireworks displays within the geographic boundaries of the Fifth Coast
Guard District.
The Coast Guard proposes to revise the list of permanent safety
zones at 33 CFR 165.506, established for fireworks displays, by adding
3 new locations, deleting 2 previously established locations and
modifying 19 previously established locations within the geographic
boundary of the Fifth Coast Guard District. This rule will increase the
total number of permanent safety zones to 74 locations for fireworks
displays within the boundary of the Fifth Coast Guard District.
This rule proposes to add 3 new safety zone locations to the
permanent safety zones listed in 33 CFR 165.506. The new safety zones
include locations at: North Atlantic Ocean, Atlantic City, NJ; Great
Wicomico River, Mila, VA; and Cockrell's Creek, Reedville, VA.
The 19 previously established safety zone locations proposed for
modification by this rule are: Severn River and Spa Creek, Annapolis,
MD; Baltimore Inner Harbor, Patapsco River, MD, (2 locations); Patuxent
River, Calvert County, MD; Chesapeake Bay, Chesapeake Beach, MD;
Potomac River, Charles County, MD; Potomac River, Charles County, MD
near Mount Vernon; Potomac River, National Harbor, MD; Miles River, St.
Michaels, MD; Tred Avon River, Oxford, MD; Upper Potomac River,
Alexandria, VA; Anacostia River, Washington, DC; Potomac River, Prince
William County, VA; North Atlantic Ocean, Ocean City, NJ; Chesapeake
Bay, Norfolk, VA; North Atlantic Ocean, Virginia Beach, VA (2
locations); Pamlico River, Washington, NC; and Motts Channel, Banks
Channel, Wrightsville Beach, NC. Safety zone modifications include
revision to dates and minor changes to coordinates that define safety
zone boundaries.
The Coast Guard typically receives numerous applications for
fireworks displays in these general areas. Previously, a temporary
safety zone was established on an emergency basis for each display.
This limited the opportunity for public comment. Establishing permanent
safety zones through notice and comment rulemaking provides the public
the opportunity to comment on the safety zone locations, size, and
length of time the zones will be enforced.
Each year organizations in the Fifth Coast Guard District sponsor
fireworks displays in the same general location and time period. Each
event uses a barge or an on-shore site near the shoreline as the
fireworks launch platform. A safety zone is used to control vessel
movement within a specified distance surrounding the launch platforms
to ensure the safety of persons and property. Coast Guard personnel on
scene may allow boaters within the safety zone if conditions permit.
The Coast Guard would publish notices in the Federal Register if an
event sponsor reported a change to the listed event venue or date. In
the case of inclement weather the event usually will be conducted on
the day following the date listed in the Table to Sec. 165.506. Coast
Guard Captains of the Port would give notice of the enforcement of each
safety zone by all appropriate means to provide the widest
dissemination of notice among the affected segments of the public. This
would include publication in the Local Notice to Mariners and Marine
Information Broadcasts. Marine information and facsimile broadcasts may
also be made for these events, beginning 24 to 48 hours before the
event. Fireworks barges or launch sites on land used in the locations
stated in this rulemaking would also display a sign labeled
``FIREWORKS--DANGER--STAY AWAY''* * * The sign would be affixed to the
port and starboard side of the barge or mounted on a post 3 feet above
ground level when on land and in close proximity to the shoreline
facing the water. This sign provides on scene notice that the safety
zone is or will be enforced on that day. The sign will be diamond
shaped, 4 feet by 4 feet with a 3-inch orange retro-reflective border.
The word ``DANGER'' shall be 10-inch black block letters centered on
the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in 6 inch black
block letters placed above and below the word ``DANGER'' respectively
on a white background. There would also be a Coast Guard patrol vessel
on scene 30 minutes before the display is scheduled to start until 30
minutes after its completion to enforce the safety zone.
The enforcement period for these proposed safety zones is from 5:30
p.m. to 1 a.m. local time. However, vessels may enter, remain in, or
transit through these safety zones during this timeframe if authorized
by the Captain of the Port or designated Coast Guard patrol personnel
on scene, as provided for in 33 CFR 165.23.
This rule is being proposed to provide for the safety of life on
navigable waters during the events and to give the marine community the
opportunity to comment on the proposed zone locations, size, and length
of time the zones will be active.

Discussion of Proposed Rule

The Coast Guard proposes to revise the regulations at 33 CFR
165.506 by adding the following 3 permanent safety zone locations.

North Atlantic Ocean, Atlantic City, NJ, Safety Zone

The waters of the North Atlantic Ocean within a 500 yard radius of
the fireworks barge located at latitude 39[deg]20'58'' N, longitude
074[deg]25'58'' W, near the shoreline at Atlantic City, NJ.

Great Wicomico River, Mila, VA, Safety Zone

All waters of the Great Wicomico River located within a 420 foot
radius of the fireworks display at approximate

[[Page 66241]]

position latitude 37[deg]50'31'' N, longitude 076[deg]19'42'' W near
Mila, Virginia.

Cockrell's Creek, Reedville, VA, Safety Zone

All waters of Cockrell's Creek located within a 420 foot radius of
the fireworks display at approximate position latitude 37[deg]49'54''
N, longitude 076[deg]16'44'' W near Reedville, Virginia.
The Coast Guard proposes to revise regulations at 33 CFR 165.506 by
modifying 19 existing permanent safety zone locations. The following
table shows where these 19 existing permanent safety zones are listed
within the Table to 33 CFR 165.506 and describes the revisions that are
being made to these safety zones.

----------------------------------------------------------------------------------------------------------------
Table to Sec. 165.506
Number section Location Revision
----------------------------------------------------------------------------------------------------------------
1................... a.11....................... N. Atlantic Ocean, Ocean City, NJ.... Event date.
2................... b.2........................ Severn River & Spa Creek, Annapolis, Coordinates.
MD.
3................... b.6........................ Baltimore Inner Harbor, Patapsco Event date &
River, MD. coordinates.
4................... b.7........................ Baltimore Inner Harbor, Patapsco Event date &
River, MD. coordinates.
5................... b.9........................ Patuxent River, Calvert County, MD... Coordinates.
6................... b.11....................... Chesapeake Bay, Chesapeake Beach, MD. Coordinates.
7................... b.13....................... Potomac River, Charles County, MD.... Event date &
coordinates
8................... b.14....................... Potomac River, Charles County, MD, Coordinates.
Mount Vernon.
9................... b.16....................... Potomac River, National Harbor, MD... Event date &
coordinates.
10.................. b.18....................... Miles River, St. Michaels, MD........ Coordinates.
11.................. b.19....................... Tred Avon River, Oxford, MD.......... Coordinates.
12.................. b.21....................... Upper Potomac River, Alexandria, VA.. Event date.
13.................. b.22....................... Anacostia River, Washington, DC...... Coordinates.
14.................. b.23....................... Potomac River, Prince William County, Event date &
VA. coordinates.
15.................. c.10....................... Chesapeake Bay, Norfolk, VA.......... Event date.
16.................. c.16....................... N. Atlantic Ocean, Virginia Beach, VA Event date.
17.................. c.17....................... N. Atlantic Ocean, Virginia Beach, VA Event date.
18.................. d.7........................ Pamlico River, Washington, NC........ Coordinates.
19.................. d.10....................... Motts Channel, Banks Channel, Event date.
Wrightsville Beach, NC.
----------------------------------------------------------------------------------------------------------------

The Coast Guard proposes to amend regulations at 33 CFR 165.506 by
disestablishing the following 2 permanent safety zones. All coordinates
listed for the following safety zones reference Datum NAD 1983.

----------------------------------------------------------------------------------------------------------------
Number Date Location Regulated area
----------------------------------------------------------------------------------------------------------------
(b) Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
10............ July 4th............. Patuxent River, All waters of the Patuxent River within a 400 yard
Solomons Island, radius of the fireworks barge located at latitude
Calvert County, MD, 38[deg]19'03'' N, longitude 076[deg]26'07.6'' W.
Safety Zone.
11............ July 4th............. Patuxent River, All waters of Patuxent River within a 300 yard
Solomons Island, MD, radius of the fireworks barge in an area bound by
Safety Zone. the following points: latitude 38[deg]19'42'' N,
longitude 076[deg]28'02'' W; thence to latitude
38[deg]19'26'' N, longitude 076[deg]28'18'' W;
thence to latitude 38[deg]18'48'' N, longitude
076[deg]27'42'' W; thence to latitude
38[deg]19'06'' N, longitude 076[deg]27'25'' W;
thence to the point of origin, located near
Solomons Island, MD.
----------------------------------------------------------------------------------------------------------------

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 and executive orders.

Regulatory Planning and Review

This NPRM has not been designated a significant regulatory action
under section 3(f) of Executive Order 12866, Regulatory Planning and
Review, as supplemented by Executive Order 13563, Improving Regulation
and Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This finding
is based on the short amount of time that vessels would be restricted
from the zones, and the small zone sizes positioned in low vessel
traffic areas. Vessels would not be precluded from getting underway, or
mooring at any piers or marinas currently located in the vicinity of
the proposed safety zones. Advance notifications would also be made to
the local maritime community by issuing Local Notice to Mariners,
Marine information and facsimile broadcasts so mariners can adjust
their plans accordingly. Notifications to the public for most events
will usually be made by local newspapers, radio and TV stations. The
Coast Guard anticipates that these safety zones will only be enforced 2
to 3 times per year.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a

[[Page 66242]]

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, if promulgated, will not have a significant economic impact on a
substantial number of small entities. This rule will affect the
following entities some of which may be small entities: The owners and
operators of vessels intending to transit or anchor in the proposed
safety zones during the times these zones are enforced.
These proposed safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The enforcement period will be short in duration and, in many
of the zones, vessels can transit safely around the safety zones.
Generally, blanket permission to enter, remain in, or transit through
these safety zones will be given except during the period that the
Coast Guard patrol vessel is present. Before the enforcement period, we
will issue maritime advisories widely.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT. 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 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 preliminary
determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves implementation of regulations
within 33 CFR Part 165 that establish safety zones on navigable waters
of the United States, and, therefore paragraph (34)(g) of figure 2-1
applies. These safety zones are enforced for the duration of the

[[Page 66243]]

fireworks displays, which are launched from or adjacent to navigable
waters of the United States and may have potential for negative impact
on the safety or other interest of waterway users and shore side
activities in the event area. The category of activities includes
fireworks launched from barges at or near the shoreline that generally
rely on the use of navigable waters as a safety buffer. 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, and 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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

2. Revise Sec. 165.506 to read as follows:

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

(a) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) The following regulations apply to the fireworks safety zones
listed in the Table to Sec. 165.506. These regulations will be
enforced annually, for the duration of each fireworks event listed in
the Table to Sec. 165.506. In the case of inclement weather, the event
may be conducted on the day following the date listed in the Table to
Sec. 165.506. Annual notice of the exact dates and times of the
enforcement period of the regulation with respect to each safety zone,
the geographical area, and other details concerning the nature of the
fireworks event will be published in Local Notices to Mariners and via
Broadcast Notice to Mariners over VHF-FM marine band radio.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. Those personnel are comprised of commissioned, warrant, and
petty officers of the U.S. Coast Guard. Other Federal, State and local
agencies may assist these personnel in the enforcement of the safety
zone. Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed.
(b) Notification. (1) Fireworks barges and launch sites on land
that operate within the regulated areas contained in the Table to Sec.
165.506 will have a sign affixed to the port and starboard side of the
barge or mounted on a post 3 feet above ground level when on land
immediately adjacent to the shoreline and facing the water labeled
``FIREWORKS--DANGER--STAY AWAY.'' This will provide on scene notice
that the safety zone will be enforced on that day. This notice will
consist of a diamond shaped sign 4 feet by 4 feet with a 3-inch orange
retro reflective border. The word ``DANGER'' shall be 10 inch black
block letters centered on the sign with the words ``FIREWORKS'' and
``STAY AWAY'' in 6 inch black block letters placed above and below the
word ``DANGER'' respectively on a white background.
(2) Coast Guard Captains of the Port in the Fifth Coast Guard
District will notify the public of the enforcement of these safety
zones by all appropriate means to effect the widest publicity among the
affected segments of the public. Publication in the Local Notice to
Mariners, marine information broadcasts, and facsimile broadcasts may
be made for these events, beginning 24 to 48 hours before the event is
scheduled to begin, to notify the public.
(c) Contact Information. Questions about safety zones and related
events should be addressed to the local Coast Guard Captain of the Port
for the area in which the event is occurring. Contact information is
listed below. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port zone, please see 33 CFR 3.25.
(1) Coast Guard Sector Delaware Bay--Captain of the Port Zone,
Philadelphia, Pennsylvania: (215) 271-4944.
(2) Coast Guard Sector Baltimore--Captain of the Port Zone,
Baltimore, Maryland: (410) 576-2525.
(3) Coast Guard Sector Hampton Roads--Captain of the Port Zone,
Norfolk, Virginia: (757) 483-8567.
(4) Coast Guard Sector North Carolina--Captain of the Port Zone,
Wilmington, North Carolina: (877) 229-0770 or (910) 772-2200.
(d) Enforcement Period. The safety zones in the Table to Sec.
165.506 will be enforced from 5:30 p.m. to 1 a.m. each day a barge with
a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port and starboard side
is on-scene or a ``FIREWORKS--DANGER--STAY AWAY'' sign is posted on
land adjacent to the shoreline, in a location listed in the Table to
Sec. 165.506. Vessels may not enter, remain in, or transit through the
safety zones during these enforcement periods unless authorized by the
Captain of the Port or designated Coast Guard patrol personnel on
scene.

Table to Sec. 165.506
[All coordinates listed in the Table to Sec. 165.506 reference Datum NAD 1983.]
----------------------------------------------------------------------------------------------------------------
Number Date Location Regulated area
----------------------------------------------------------------------------------------------------------------
(a.) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
1................. July 4th................. North Atlantic Ocean, The waters of the North Atlantic Ocean
Bethany Beach, DE, within a 500 yard radius of the
Safety Zone. fireworks barge in approximate
position latitude 38[deg]32'08'' N,
longitude 075[deg]03'15'' W, adjacent
to shoreline of Bethany Beach, DE.
2................. Labor Day................ Indian River Bay, DE, All waters of the Indian River Bay
Safety Zone. within a 360 yard radius of the
fireworks launch location on the pier
in approximate position latitude
38[deg]36'42'' N, longitude
075[deg]08'18'' W, about 700 yards
east of Pots Net Point, DE.
3................. July 4th................. North Atlantic Ocean, All waters of the Atlantic Ocean within
Rehoboth Beach, DE, a 360 yard radius of the fireworks
Safety Zone. barge in approximate position latitude
38[deg]43'01.2'' N, longitude
075[deg]04'21'' W, approximately 400
yards east of Rehoboth Beach, DE.
4................. July 4th................. North Atlantic Ocean, The waters of the North Atlantic Ocean
Avalon, NJ, Safety Zone. within a 500 yard radius of the
fireworks barge in approximate
location latitude 39[deg]05'31'' N,
longitude 074[deg]43'00'' W, in the
vicinity of the shoreline at Avalon,
NJ.

[[Page 66244]]

5................. July 4th, September--2nd Barnegat Bay, Barnegat The waters of Barnegat Bay within a 500
Saturday. Township, NJ, Safety yard radius of the fireworks barge in
Zone. approximate position latitude
39[deg]44'50'' N, longitude
074[deg]11'21'' W, approximately 500
yards north of Conklin Island, NJ.
6................. July 4th................. North Atlantic Ocean, The waters of the North Atlantic Ocean
Cape May, NJ, Safety within a 500 yard radius of the
Zone. fireworks barge in approximate
location latitude 38[deg]55'36'' N,
longitude 074[deg]55'26'' W,
immediately adjacent to the shoreline
at Cape May, NJ.
7................. July 3rd................. Delaware Bay, North Cape All waters of the Delaware Bay within a
May, NJ, Safety Zone. 500 yard radius of the fireworks barge
in approximate position latitude
38[deg]58'00'' N, longitude
074[deg]58'30'' W.
8................. August--3rd Sunday....... Great Egg Harbor Inlet, All waters within a 500 yard radius of
Margate City, NJ, the fireworks barge in approximate
Safety Zone. location latitude 39[deg]19'33'' N,
longitude 074[deg]31'28'' W, on the
Intracoastal Waterway near Margate
City, NJ.
9................. July 4th, August every Metedeconk River, Brick The waters of the Metedeconk River
Thursday. Township, NJ, Safety within a 300 yard radius of the
September 1st Thursday... Zone. fireworks launch platform in
approximate position latitude
40[deg]03'24'' N, longitude
074[deg]06'42'' W, near the shoreline
at Brick Township, NJ.
10................ July--1st Friday......... North Atlantic Ocean, The waters of the North Atlantic Ocean
Atlantic City, NJ, within a 500 yard radius of the
Safety Zone. fireworks barge located at latitude
39[deg]20'58'' N, longitude
074[deg]25'58'' W, near the shoreline
at Atlantic City, NJ.
11................ July 4th, October--1st North Atlantic Ocean, The waters of the North Atlantic Ocean
Saturday. Ocean City, NJ, Safety within a 500 yard radius of the
Zone. fireworks barge in approximate
location latitude 39[deg]16'22'' N,
longitude 074[deg]33'54'' W, in the
vicinity of the shoreline at Ocean
City, NJ.
12................ May--4th Saturday........ Barnegat Bay, Ocean All waters of Barnegat Bay within a 500
Township, NJ, Safety yard radius of the fireworks barge in
Zone. approximate position latitude
39[deg]47'33'' N, longitude
074[deg]10'46'' W.
13................ July 4th................. Little Egg Harbor, All waters of Little Egg Harbor within
Parker Island, NJ, a 500 yard radius of the fireworks
Safety Zone. barge in approximate position latitude
39[deg]34'18'' N, longitude
074[deg]14'43'' W, approximately 100
yards north of Parkers Island.
14................ September--3rd Saturday.. Delaware River, Chester, All waters of the Delaware River near
PA, Safety Zone. Chester, PA just south of the
Commodore Barry Bridge within a 250
yard radius of the fireworks barge
located in approximate position
latitude 39[deg]49'43.2'' N, longitude
075[deg]22'42'' W.
15................ September--3rd Saturday.. Delaware River, All waters of the Delaware River near
Essington, PA, Safety Essington, PA, west of Little Tinicum
Zone. Island within a 250 yard radius of the
fireworks barge located in the
approximate position latitude
39[deg]51'18'' N, longitude
075[deg]18'57'' W.
16................ July 4th, Columbus Day, Delaware River, All waters of Delaware River, adjacent
December 31st, January Philadelphia, PA, to Penns Landing, Philadelphia, PA,
1st. Safety Zone. bounded from shoreline to shoreline,
bounded on the south by a line running
east to west from points along the
shoreline at latitude 39[deg]56'31.2''
N, longitude 075[deg]08'28.1'' W;
thence to latitude 39[deg]56'29.1'' N,
longitude 075[deg]07'56.5'' W, and
bounded on the north by the Benjamin
Franklin Bridge.
----------------------------------------------------------------------------------------------------------------
(b.) Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
1................. April--1st or 2nd Washington Channel, All waters of the Upper Potomac River
Saturday. Upper Potomac River, within a 150 yard radius of the
Washington, DC, Safety fireworks barge in approximate
Zone. position latitude 38[deg]52'09'' N,
longitude 077[deg]01'13'' W, located
within the Washington Channel in
Washington Harbor, DC.
2................. July 4th, December--1st Severn River and Spa All waters of the Severn River and Spa
and 2nd, Saturday, Creek, Annapolis, MD, Creek within an area bounded by a line
December 31st. Safety Zone. drawn from latitude 38[deg]58'40'' N,
longitude 076[deg]28'49'' W; thence to
latitude 38[deg]58'26'' N, longitude
076[deg]28'28'' W; thence to latitude
38[deg]58'45'' N, longitude
076[deg]28'07'' W; thence to latitude
38[deg]59'01'' N, longitude
076[deg]28'37'' W, thence to latitude
38[deg]58'57'' N, longitude
076[deg]28'40'' W, located near the
entrance to Spa Creek in Annapolis,
Maryland.
3................. Saturday before Middle River, Baltimore All waters of the Middle River within a
Independence Day holiday. County, MD, Safety Zone. 300 yard radius of the fireworks barge
in approximate position latitude
39[deg]17'45'' N, longitude
076[deg]23'49'' W, approximately 300
yards east of Rockaway Beach, near
Turkey Point.
4................. July 4th, December 31st.. Patapsco River (Middle All waters of the Patapsco River,
Branch), Baltimore, MD, Middle Branch, within an area bound by
Safety Zone. a line drawn from the following
points: latitude 39[deg]15'22'' N,
longitude 076[deg]36'36'' W; thence to
latitude 39[deg]15'10'' N, longitude
076[deg]36'00'' W; thence to latitude
39[deg]15'40'' N, longitude
076[deg]35'23'' W; thence to latitude
39[deg]15'49'' N, longitude
076[deg]35'47'' W; thence to the point
of origin, located approximately 600
yards east of Hanover Street (SR-2)
Bridge.
5................. June 14th, July 4th, Northwest Harbor (East All waters of the Patapsco River within
September--2nd Saturday, Channel), Patapsco a 300 yard radius of the fireworks
December 31st. River, MD, Safety Zone. barge in approximate position
39[deg]15'55'' N, 076[deg]34'35'' W,
located adjacent to the East Channel
of Northwest Harbor.
6................. May--2nd or 3rd Thursday Baltimore Inner Harbor, All waters of the Patapsco River within
or Friday, July 4th, Patapsco River, MD, a 100 yard radius of the fireworks
December 31st. Safety Zone. barge in approximate position latitude
39[deg]17'01'' N, longitude
076[deg]36'31'' W, located at the
entrance to Baltimore Inner Harbor,
approximately 125 yards southwest of
pier 3.

[[Page 66245]]

7................. May--2nd or 3rd Thursday Baltimore Inner Harbor, The waters of the Patapsco River within
or Friday, July 4th, Patapsco River, MD, a 100 yard radius of approximate
December 31st. Safety Zone. position latitude 39[deg]17'04'' N,
longitude 076[deg]36'36'' W, located
in Baltimore Inner Harbor,
approximately 125 yards southeast of
pier 1.
8................. July 4th, December 31st.. Northwest Harbor (West All waters of the Patapsco River within
Channel) Patapsco a 300 yard radius of the fireworks
River, MD, Safety Zone. barge in approximate position latitude
39[deg]16'21'' N, longitude
076[deg]34'38'' W, located adjacent to
the West Channel of Northwest Harbor.
9................. July 4th................. Patuxent River, Calvert All waters of the Patuxent River within
County, MD, Safety Zone. a 200 yard radius of the fireworks
barge located at latitude
38[deg]19'17'' N, longitude
076[deg]27'45'' W, approximately 800
feet from shore at Solomons Island,
MD.
10................ July 4th................. Chester River, Kent All waters of the Chester River, within
Island Narrows, MD, an area bound by a line drawn from the
Safety Zone. following points: latitude
38[deg]58'50'' N, longitude
076[deg]15'00'' W; thence north to
latitude 38[deg]59'00'' N, longitude
076[deg]15'00'' W; thence east to
latitude 38[deg]59'00'' N, longitude
076[deg]14'46'' W; thence southeast to
latitude 38[deg]58'50'' N, longitude
076[deg]14'28'' W; thence southwest to
latitude 38[deg]58'37'' N, longitude
076[deg]14'36'' W, thence northwest to
latitude 38[deg]58'42'' N, longitude
076[deg]14'55'' W, thence to the point
of origin, located approximately 900
yards north of Kent Island Narrows (US-
50/301) Bridge.
11................ July 3rd................. Chesapeake Bay, All waters of the Chesapeake Bay within
Chesapeake Beach, MD, a 150 yard radius of the fireworks
Safety Zone. barge in approximate position latitude
38[deg]41'36'' N, longitude
076[deg]31'30'' W, and within a 150
yard radius of the fireworks barge in
approximate position latitude
38[deg]41'28'' N, longitude
076[deg]31'29'' W, located near
Chesapeake Beach, Maryland.
12................ July 4th................. Choptank River, All waters of the Choptank River within
Cambridge, MD, Safety a 300 yard radius of the fireworks
Zone. launch site at Great Marsh Point,
located at latitude 38[deg]35'06'' N,
longitude 076[deg]04'46'' W.
13................ July--2nd or 3rd Saturday Potomac River, Charles All waters of the Potomac River within
and last Saturday. County, MD, Safety Zone. a 300 yard radius of the fireworks
barge in approximate position latitude
38[deg]20'05'' N, longitude
077[deg]15'00'' W, approximately 500
yards north of the shoreline at
Fairview Beach, Virginia.
14................ May--last Saturday, July Potomac River, Charles All waters of the Potomac River within
4th. County, MD--Mount an area bound by a line drawn from the
Vernon, Safety Zone. following points: latitude
38[deg]42'30'' N, longitude
077[deg]04'47'' W; thence to latitude
38[deg]42'18'' N, longitude
077[deg]04'42'' W; thence to latitude
38[deg]42'11'' N, longitude
077[deg]05'10'' W; thence to latitude
38[deg]42'22'' N, longitude
077[deg]05'12'' W; located at the
Mount Vernon Estate, in Fairfax
County, Virginia.
15................ October--1st Saturday.... Dukeharts Channel, All waters of the Potomac River within
Potomac River, MD, a 300 yard radius of the fireworks
Safety Zone. barge in approximate position latitude
38[deg]13'27'' N, longitude
076[deg]44'48'' W, located adjacent to
Dukeharts Channel near Coltons Point,
Maryland.
16................ July--Day before Potomac River, National All waters of the Potomac River within
Independence Day Harbor, MD, Safety Zone. an area bound by a line drawn from the
holiday, November--3rd following points: latitude
Thursday and last 38[deg]47'13'' N, longitude
Friday, December--1st, 077[deg]00'58'' W; thence to latitude
2nd and 3rd Friday. 38[deg]46'51'' N, longitude
077[deg]01'15'' W; thence to latitude
38[deg]47'25'' N, longitude
077[deg]01'33'' W; thence to latitude
38[deg]47'32'' N, longitude
077[deg]01'08'' W; thence to the point
of origin, located at National Harbor,
Maryland.
17................ July 4th, September--last Susquehanna River, Havre All waters of the Susquehanna River
Saturday. de Grace, MD, Safety within a 150 yard radius of the
Zone. fireworks barge in approximate
position latitude 39[deg]32'42'' N,
longitude 076[deg]04'30'' W,
approximately 800 yards east of the
waterfront at Havre de Grace, MD.
18................ June and July--Saturday Miles River, St. All waters of the Miles River within a
before Independence Day Michaels, MD, Safety 200 yard radius of approximate
holiday. Zone. position latitude 38[deg]47'42'' N,
longitude 076[deg]12'51'' W, located
at the entrance to Long Haul Creek.
19................ June and July--Saturday Tred Avon River, Oxford, All waters of the Tred Avon River
or Sunday before MD, Safety Zone. within a 150 yard radius of the
Independence Day holiday. fireworks barge in approximate
position latitude 38[deg]41'24'' N,
longitude 076[deg]10'37'' W,
approximately 500 yards northwest of
the waterfront at Oxford, MD.
20................ July 3rd................. Northeast River, North All waters of the Northeast River
East, MD, Safety Zone. within a 300 yard radius of the
fireworks barge in approximate
position latitude 39[deg]35'26'' N,
longitude 075[deg]57'00'' W,
approximately 400 yards south of North
East Community Park.
21................ June--2nd or 3rd Upper Potomac River, All waters of the Upper Potomac River
Saturday, July--1st, 2nd Alexandria, VA, Safety within a 300 yard radius of the
or 3rd Saturday, Zone. fireworks barge in approximate
September--1st or 2nd position 38[deg]48'37'' N,
Saturday. 077[deg]02'02'' W, located near the
waterfront of Alexandria, Virginia.
22................ March through October, at Anacostia River, All waters of the Anacostia River
the conclusion of Washington, DC, Safety within a 150 yard radius of the
evening MLB games at Zone. fireworks barge in approximate
Washington Nationals position latitude 38[deg]52'13'' N,
Ball Park. longitude 077[deg]00'16'' W, located
near the Washington Nationals Ball
Park.
23................ June--last Saturday, Potomac River, Prince All waters of the Potomac River within
July--3rd, 4th or last William County, VA, a 200 yard radius of the fireworks
Saturday or Sunday. Safety Zone. barge in approximate position latitude
38[deg]34'07'' N, longitude

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