Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District, 22913-22922 [2021-08945]
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Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0138]
RIN 1625–AA00
Safety Zones; Recurring Marine Events
and Fireworks Displays Within the
Fifth Coast Guard District
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend the regulations for recurring
marine events and fireworks displays
that take place within the Fifth Coast
Guard District area of responsibility. We
invite your comments on this
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 1, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0138 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email Captain
Maureen Kallgren, Fifth Coast Guard
District Office of Waterways
Management, U.S. Coast Guard;
telephone (757) 398–6250, email
Maureen.R.Kallgren@uscg.mil or Mr.
Jerry Barnes, Fifth Coast Guard District
Office of Waterways Management, U.S.
Coast Guard; telephone (757) 398–6230,
email Jerry.R.Barnes@uscg.mil.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
for fireworks displays that take place
either on or over the navigable waters of
the Fifth Coast Guard District as defined
at 33 CFR 3.25. These regulations were
last amended June 13, 2017 (81 FR
81005). The Fifth Coast Guard District is
proposing to revise these regulations to
update existing events, add new events,
and remove events that no longer
require additional safety measures.
Based on the nature of fireworks and the
large number of people attending, the
Coast Guard has determined that the
events listed in this rule could pose a
risk to the public. We are also proposing
to revise the text for better clarity and
easier readability.
The purpose of this rulemaking is to
ensure the safety of persons, vessels,
and the navigable waters within close
proximity to fireworks displays before,
during, and after the scheduled events.
Each year, organizations, individuals
and government agencies in the Fifth
Coast Guard District sponsor fireworks
displays in the same general location
and time period. Each event uses a
floating platform (e.g. barge) or an onshore site near the shoreline to launch
the fireworks. A safety zone is used to
limit access to an area within a specified
distance surrounding the fireworks
launch site 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 is conducting this
rulemaking under authority in 46 U.S.C.
70034 (previously, 33 U.S.C. 1231). The
Secretary has delegated ports and
waterways authority, with certain
reservations not applicable here, to the
Commandant via DHS Delegation No.
0170.1(II) (70). The Commandant has
further delegated these authorities
within the Coast Guard as described in
33 CFR 1.05–1 and 6.04–6.
III. Discussion of Proposed Rule
I. Table of Abbreviations
A. Administrative Changes
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
Event PATCOM Coast Guard Event Patrol
Commander
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
We are proposing several
administrative updates, substantive and
non-substantive, to the regulatory text.
We have reorganized and revised the
text to, consolidate related information,
improve readability, and reflect revised
local policies.
First, the text has been re-organized to
reflect the order in which information is
needed by the reader—defined terms,
applicability of the regulation, when the
regulation will be enforced and
notification to the public, requirements
in place when the regulation is being
enforced, warning sign information,
postponement or cancellation of an
II. Background, Purpose, and Legal
Basis
The Coast Guard regularly updates the
regulations for recurring safety zones
within the Fifth Coast Guard District at
33 CFR 165.506, and its respective
tables. These recurring safety zones are
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event, COTP contact information, and
finally the tables of events.
As noted above we are proposing to
add a definition section up front so that
terms utilized later in the regulation are
explained to the reader up front. One of
the defined terms is ‘‘Event Patrol
Commander’’, or ‘‘Event PATCOM’’.
The Event PATCOM replaces the
current regulation’s reference to the
‘‘Coast Guard Patrol Commander’’; there
is no change to the associated
definition. Use of an Event PATCOM
enables the local Captain of the Port to
retain operational control and
incorporate risk-based decision making
to the event. We are also proposing to
amend the regulation to allow for other
government agencies to provide safety
zone enforcement when working under
local agreements which expands the
ability to ensure safety of the public by
increasing the number of available
safety zone enforcement personnel.
We are proposing to consolidate
information regarding when the
regulation will be enforced and how the
Coast Guard will notify the public of
enforcement into a new paragraph (c)
and placing it near the beginning of the
regulation. This information is currently
scattered through several paragraphs of
the text (paragraphs (a)(2), (b)(2), and
(d)). Consolidating this information
makes it easier to locate all of the
necessary information and how the
different requirements relate to each
other.
In the paragraph regarding warningsign requirements the term ‘‘fireworks
launch site’’ has been updated to
‘‘floating platform’’. This revision makes
clear that the regulation applies to all
floating platforms used to launch
fireworks and not just barges.
We have updated the location for
Sector Virginia from Norfolk to
Portsmouth, VA, where the command
center is now located. We have also
updated the phone number for Sector
North Carolina. Email addresses have
been added to the text to aid the public
in communicating with the appropriate
Sector.
Finally, this rule gives discretionary
authority to COTPs and Event
PATCOMs to postpone or cancel the
fireworks display at any time for the
purpose of ensuring the safety of the
public.
The tables accompanying this rule
have been updated for clarity and to
assist the reader.
B. Changes to Table to 33 CFR 165.506
This rule would add 14 new safety
zones, revise 29 previously established
safety zones, and remove 24 safety
zones. Currently there is one table of
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events for all of 33 CFR 165.506. We are
proposing to break that table into
separate tables for each COTP zone.
This change will make it easier for the
Coast Guard to make changes to the
tables in the future and will hopefully
make the tables easier for the public to
read as well. We are also proposing to
re-format the date entries so that the
information is more clearly stated.
New Safety Zones
This rule proposes to add 14 new
safety zones. The location and
enforcement period for each of the new
zones are listed in the below table.
TABLE 1—NEW SAFETY ZONES TO BE ADDED TO 33 CFR 165.506
USCG sector
Coast Guard Sector Delaware
Bay—COTP
Zone.
Coast Guard Sector MarylandNational Capital
Region—COTP
Zone.
Location
Regulated area
Delaware Bay, Lewes,
DE.
All waters of Delaware Bay off Lewes, DE, within 350 yards of the
barge anchored in approximate position 38°47′12″ N, 075°07′48″
W.
One period, four days.
Great Egg Harbor Bay,
Ocean City, NJ.
The waters of the Great Egg Harbor Bay within a 300-yard radius of
the fireworks barge in approximate position latitude 39°17′24″ N,
longitude 074°34′31″ W, adjacent to shoreline of Ocean City, NJ.
All navigable waters of the Washington Channel within 200 feet of
the fireworks barge which will be located within an area bounded
on the south by latitude 38°52′30″ N, and bounded on the north
by the southern extent of the Francis Case (I–395) Memorial
Bridge, located at Washington, DC.
All navigable waters of the Anacostia River within 400 feet of the
fireworks barge in approximate position latitude 38°52′16.3″ N,
longitude 077°00′09.7″ W, located at Washington, DC.
All navigable waters of the Middle River within 200 yards of the fireworks barge in approximate position latitude 39°18′25″ N, longitude 076°24′27″ W, located in Baltimore County, MD.
All navigable waters of the Susquehanna River within 200 yards of
the fireworks barge in approximate position latitude 39°32′19″ N,
longitude 076°04′58.3″ W, located at Havre de Grace, MD.
All navigable waters of Spa Creek within 400 feet of the fireworks
barge in approximate position latitude 38°58′32.48″ N, longitude
076°28′57.55″ W, located at Annapolis, MD.
All navigable waters of the Severn River within 150 yards of the
fireworks discharge site located at the end of Sherwood Forest
Club main pier in approximate position latitude 39°01′54.0″ N,
longitude 076°32′41.8″ W, located at Sherwood Forest, MD.
All navigable waters of the Middle Branch of the Patapsco River,
within 800 feet of a fireworks barge in the in approximate position
latitude 39°15′31.67″ N, longitude 076°37′13.95″ W, located at
Baltimore, MD.
All waters of Elizabeth River within a 600-foot radius of the fireworks display at approximate position latitude 36 degrees
50′40.99″ N, longitude 076 degrees 17′45.48″ W near Town Point
Park, VA.
All waters of the North Atlantic Ocean within a 300-yard radius of
the center located at approximate position latitude 36°50′29.91″
N, longitude 075°58′05.36″ W, located off the beach between
10th and 15th streets.
All waters on Bath Creek within a 300-yard radius of approximate
position 35°28′05″ N, 076°48′56″ W, Bath, NC.
One period, one day.
Washington Channel,
Upper Potomac, Washington, DC.
Anacostia River, Washington, DC.
Middle River, Baltimore
County, MD.
Susquehanna River,
Havre de Grace, MD.
Spa Creek, Annapolis,
MD.
Severn River, Sherwood
Forest, MD.
Patapsco River, Middle
Branch, Baltimore, MD.
Coast Guard Sector Virginia—
COTP Zone.
Elizabeth River, Town
Point Reach, Norfolk,
VA.
North Atlantic Ocean, Virginia Beach, VA.
Coast Guard Sector North Carolina—COTP
Zone.
Bath Creek, Bath, NC ....
Atlantic Intracoastal Waterway, Surf City, NC.
Neuse River, New Bern,
NC.
Revised Safety Zones
We are proposing to revise 29
previously established safety zones. The
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Enforcement period(s) *
All waters of the Atlantic Intracoastal Waterway within a 300-yard
radius of approximate position latitude 34°25′46″ N, longitude
077°33′01″ W, in Surf City, NC.
All waters within a 300-yard radius of the fireworks launch location
at approximate position latitude 35°06′23″ N, longitude
077°01′48″ W, on the Neuse River, New Bern, NC.
Multiple periods March
through December
each year.
One period, one day.
One period, one day.
One period, one day.
One period, one day.
One period, one day.
One period, one day.
One period, one day.
One period, three days.
One period, two days.
One period, one day.
One period, one day.
chart below includes a description of
each change and an explanation why
the change is necessary.
TABLE 2—CHANGES TO EXISTING EVENTS IN 33 CFR 165.506
Current table to
§ 165.506 entry
Location
Revision (date and/or
coordinates)
(a.) 5 .................
Barnegat Bay, Barnegat Township, NJ.
dates ..........................
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Reason for change
Event no longer occurs in September.
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TABLE 2—CHANGES TO EXISTING EVENTS IN 33 CFR 165.506—Continued
Current table to
§ 165.506 entry
Location
Revision (date and/or
coordinates)
Reason for change
(a.) 9 .................
dates ..........................
(a.) 14 ...............
(a.) 15 ...............
Metedeconk River, Brick Township, NJ.
Delaware, River, Chester, PA ....
Delaware River, Essington, PA ..
(a.) 18 ...............
Rehoboth Bay, DE .....................
dates ..........................
(b.) 2 .................
Severn River and Spa Creek,
Annapolis, MD.
dates and coordinates
(b.) 3 .................
Upper Potomac River, Washington, DC.
Northwest Harbor, Patapsco
River, MD.
coordinates ................
(b.) 5 .................
Baltimore Inner Harbor, MD .......
dates ..........................
(b.) 8 .................
Patuxent River, Calvert County,
MD.
dates and coordinates
(b.) 9 .................
Chesapeake Bay, Chesapeake
Beach, MD.
dates and coordinates
(b.) 10 ...............
Choptank River, Cambridge, MD
coordinates ................
(b.) 14 ...............
Miles River, St. Michaels, MD ....
coordinates ................
(b.) 15 ...............
Tred Avon River, Oxford, MD ....
dates and coordinates
(b.) 16 ...............
Northeast River, North East, MD
dates and coordinates
(b.) 18 ...............
Anacostia River, Washington,
DC.
Potomac River, Prince William
County, VA.
Isle of Wight Bay, Ocean City,
MD.
coordinates ................
Assawoman Bay, Fenwick Island, MD.
Baltimore Harbor, MD ................
dates and coordinates
(b.) 24 ...............
Chester River, Kent Island Narrows, MD.
dates and coordinates
(c.) 6 .................
Chesapeake
Bay,
Virginia
Beach, VA.
Cape Fear River, Wilmington,
NC.
Green Creek and Smith Creek,
Oriental, NC.
Pasquotank River, Elizabeth
City, NC.
Dates .........................
Event now takes place in June or July instead of July and September.
Event date updated.
The location of the safety zone was moved to reflect the updated
location of the fireworks barge.
Event now occurs in June or July instead of September.
The spring occurrence of the event has changed from April to
May.
Safety zone size decreased from a 300-yard radius to a 200-yard
radius without negative impact to public safety.
December occurrence no longer occurs.
Safety zone size decreased from a 300-yard radius to a 200-yard
radius without negative impact to public safety.
Safety zone size decreased from a 300-yard radius to a 200-yard
radius without negative impact to public safety.
July and December occurrences removed; added alternative date
to September.
April, July , and December occurrences no longer occur; added
new occurrence in November.
The location of the safety zone was moved to reflect the updated
location of the fireworks barge closer to shore.
Alternative date added.
The location of the safety zone was moved to reflect the updated
location of the fireworks barge.
Alternative dates added.
The location of the safety zone was moved to reflect the updated
location of the fireworks site to an onshore location.
The location of the safety zone was moved to reflect the updated
location offshore.
The location of the safety zone was moved to reflect the updated
location of the fireworks site.
Alternative dates added.
Safety zone size decreased from a 300-yard radius to a 150-yard
radius without negative impact to public safety.
Alternative August date added.
Safety zone size decreased from a 150-yard radius to 500 feet
without negative impact to public safety.
Safety zone size decreased from a 200-yard radius to 150 yards
without negative impact to public safety.
Safety zone size decreased from a 200 yard radius to 150 yards
without negative impact to public safety.
Event changed from near Memorial Day to July 4th and near
Labor Day.
Safety zone size decreased from a 360-yard radius to 200 yards
without negative impact to public safety.
Safety zone size decreased from a 280-yard radius to 800 feet
without negative impact to public safety.
April Occurrence removed.
Safety zone moved to a more open shoreside location and reduced from a 300 yard radius to 800 feet radius without negative impact to public safety.
Alternative date added.
Alternative date added for planning flexibility.
dates ..........................
Alternative date added to the April occurrence.
coordinates ................
(d.) 7 .................
Pamilico River, Washington, NC
coordinates ................
(d.) 8 .................
Neuse River, New Bern, NC ......
coordinates ................
(d.) 13 ...............
Atlantic Intracoastal Waterway,
Swansboro, NC.
coordinates ................
Language ‘‘approximate’’ added to be clearer and consistent with
other entries.
Language ‘‘located approximately 400 yards north of Cottage
Point, NC’’ removed to be clearer and consistent with other entries.
May occurrences added.
Language ‘‘the fireworks launch site at approximate position’’
added to be clearer and consistent with other entries.
Language ‘‘located 420 yards north of the New Bern Twin Span,
high rise bridge’’ removed to be clearer and consistent with
other entries.
Language ‘‘the fireworks launch position at’’ and ‘‘near
Swansboro’’ added and ‘‘on Pelican Island’’ removed to be
clearer and consistent with other entries.
(b.) 4 .................
(b.) 19 ...............
(b.) 21 ...............
(b.) 22 ...............
(b.) 23 ...............
(d.) 2 .................
(d.) 3 .................
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(d.) 4 .................
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dates ..........................
dates and coordinates
dates and coordinates
coordinates ................
dates and coordinates
coordinates ................
dates and coordinates
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TABLE 2—CHANGES TO EXISTING EVENTS IN 33 CFR 165.506—Continued
Current table to
§ 165.506 entry
Location
Revision (date and/or
coordinates)
Reason for change
(d.) 14 ...............
Shallowbag Bay, Manteo, NC ....
coordinates ................
The safety zone was increased from a 200-yard radius to a 300yard radius to account for larger fireworks display.
Safety Zones To Be Removed
§ 165.506. The Coast Guard evaluated
each of the 24 safety zones and
determined that either the event is no
longer held at that location or can be
This rule proposes to remove 24
safety zones listed in the table to
adequately enforced using the
navigation safety rules with no negative
impact to public safety.
TABLE 3—SAFETY ZONES PROPOSED TO BE REMOVED FROM THE TABLE TO 33 CFR 165.506
Current table to
§ 165.506 entry
Date(s)
Location
Reason for removal
(a.) 1 ..................
July 2nd, 3rd, 4th, or 5th .......
(a.)(2) .................
Labor Day ..............................
North Atlantic Ocean, Bethany Beach, DE.
Indian River Bay, DE .............
(a.)(3) .................
July 2 .....................................
(a.)(8) .................
July 2nd, 3rd, 4th, or 5th August—3rd Sunday.
July 2nd, 3rd, 4th, or 5th .......
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Event no longer held at this location.
(a.)10 .................
(a.)11 .................
(a.)17 .................
(b.)1 ...................
(b.)7 ...................
(b.)11 .................
(b).12 .................
(c.)2 ....................
(c.)4 ....................
(c.)7 ....................
(c.)8 ....................
(c.)10 ..................
(c.)11 ..................
(c.)14 ..................
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(c.)15 ..................
July 2nd, 3rd, 4th or 5th October—1st or 2nd Saturday.
July 2nd, 3rd, 4th, or 5th .......
April—1st, 2nd, or 3rd Saturday.
July 4th; December 31st ........
July—2nd or 3rd or last Saturday.
July—day before Independence Day holiday and July
4th; November—3rd Thursday, 3rd Saturday and last
Friday; December—1st,
2nd and 3rd Friday.
September—last Friday or
October—1st Friday.
July 4th, July 5th, July 6th, or
July 7th.
July 4th; December 31st, January 1st.
July—3rd Saturday ................
September—last Saturday or
October—1st Saturday.
Friday, Saturday and Sunday
Labor Day Weekend.
July—3rd, 4th, and 5th ..........
(c.)16 ..................
(c.)17 ..................
July—1st Friday, Saturday
and Sunday.
May—last Sunday ..................
June—last Saturday ..............
(c.)19 ..................
(c.)20 ..................
July 3rd or 4th ........................
July 4th ..................................
(c.)22 ..................
July 3rd, 4th, or 5th ...............
The regulatory text we are proposing
appears at the end of this document.
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North Atlantic Ocean, Rehoboth Beach, DE.
Great Egg Harbor Inlet,
Margate City, NJ.
North Atlantic Ocean, Atlantic
City, NJ.
North Atlantic Ocean, Ocean
City, NJ.
North Atlantic Ocean, Sea
Isle, NJ..
Washington Channel, Potomac River, Washington, DC.
Northwest Harbor Patapsco
Event no longer held at this location.
River, MD.
Potomac River, Fairview
Event no longer held at this location.
Beach, Charles County, MD.
Potomac River, National Har- Event no longer held at this location.
bor, MD.
York Rivers, West Point, VA ..
Event no longer held at this location.
James River, Newport News,
VA.
Elizabeth River Southern
Branch, Norfolk, VA.
John H. Kerr Reservoir,
Clarksville, VA.
North Atlantic Ocean Safety
Zone B, Virginia Beach, VA.
North Atlantic Ocean Safety
Zone C, Virginia Beach, VA.
Great Wicomico River, Mila,
VA.
Cockrell’s Creek, Reedville,
VA.
James River, Richmond, VA ..
Rappahannock River,
Tappahannock, VA.
Pagan River, Smithfield, VA ..
Sandbridge Shores, Virginia
Beach, VA.
Urbanna Creek, Urbanna, VA
Event no longer held at this location.
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Removing safety zone and deferring to navigation safety
regulations does not negatively impact public safety.
Event no longer held at this location.
Event no longer held at this location.
Event no longer held at this location.
Event no longer held at this location.
Event no longer held at this location.
Event no longer held at this location.
Event no longer held at this location.
Event no longer held at this location.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
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Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
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Executive orders and we discuss First
Amendment rights of protestors.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination
is based on the short amount of time
that vessels will be restricted from
certain parts of the waterway and the
small size of these areas that are usually
positioned away from high vessel traffic
zones. Generally vessels would not be
precluded from getting underway, or
mooring at any piers or marinas
currently located in the vicinity of the
regulated areas. Advance notifications
would also be made to the local
maritime community by issuance of
Local Notice to Mariners, Broadcast
Notice to Mariners via VHF–FM marine
channel 16, Marine Safety Information
or Security Bulletins so mariners can
adjust their plans accordingly.
Notifications to the public for most
events will typically be made by local
newspapers, radio and TV stations. The
Coast Guard anticipates that these
special local regulated areas and safety
zones will only be enforced one to three
times per year.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit through a
special local regulated area or safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator. These safety
zones will not have a significant
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economic impact on a substantial
number of small entities for the
following reasons: The Coast Guard will
ensure that small entities are able to
operate in the areas where events are
occurring to the extent possible while
ensuring the safety of the public. The
enforcement period will be short in
duration and, in many of the areas,
vessels can transit safely around the
safety zone. Generally permission to
enter, remain in, or transit through these
regulated areas during the enforcement
may be given when deemed safe to do
so by the Event PATCOM on scene.
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.
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. 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 in the FOR FURTHER INFORMATION
CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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
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22917
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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (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. This proposed
rule involves implementation of
regulations at 33 CFR part 165 that
establish safety zones on navigable
waters of the United States for fireworks
events. These safety zones are enforced
for the duration of fireworks display
events. The fireworks are generally
launched from either a floating platform
or shore side location immediately
adjacent to navigable waters of the
United States. The category of activities
includes fireworks launched from
floating platforms or at the shoreline
that generally rely on the use of
navigable waters as a safety buffer.
Fireworks displays may introduce
potential hazards such as accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. This section of the rule is
categorically excluded from further
review under paragraph L[60] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
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For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
For instructions on locating the
docket, see the ADDRESSES section of
this preamble. We seek any comments
or information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
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V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
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: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Department of
Homeland Security Delegation No. 0170.1.
■
2. Revise § 165.506 to read as follows:
§ 165.506 Safety Zones; Fireworks
Displays in the Fifth Coast Guard District.
(a) Definitions. The following
definitions apply to this section:
Event Patrol Commander or Event
PATCOM means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
respective Coast Guard Sector—COTP to
enforce these regulations.
Official patrol means any vessel
assigned or approved by the respective
Captain of the Port (COTP) with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign, or any state or local law
enforcement vessel approved by the
COTP in accordance with current local
agreements.
(b) Applicability. This section applies
to the safety zones listed in paragraph
(h) of this section.
(c) Enforcement periods and COTP
notification to the public. The COTP for
the area where an event will be held
will annually notify the public of each
enforcement of a safety zone in
paragraph (h) of this section by all
appropriate means to affect the widest
publicity among the affected public,
including by Local Notices to Mariners
and by Broadcast Notice to Mariners
over VHF–FM marine band radio. The
announcement will contain the details
of the fireworks display, including the
date(s) and time(s) of the enforcement
period of the regulation with respect to
that safety zone and the affected
geographical area. Broadcasts may be
made for these events beginning 24 to
48 hours before the event is scheduled
to begin. The enforcement period(s) for
each safety zone in paragraph (h) of this
section is subject to change, but the
duration of enforcement will remain the
same, or nearly the same, total amount
of time as stated in its table. An event
may be conducted on the day following
the date listed in paragraph (h) of this
section in the case of inclement
weather. Unless the COTP notifies the
public otherwise, the safety zones in
paragraph (h) of this section will be
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enforced from 5:30 p.m. on the date
listed in paragraph (h) to 1 a.m. the date
following the last date listed in
paragraph (h) for an event.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) Vessels may not enter, remain in,
or transit through the safety zones
during enforcement unless authorized to
do so by the COTP or the Event
PATCOM.
(3) The Coast Guard may assign an
official patrol to each fireworks display
listed in paragraph (h) of this section.
For each fireworks display assigned a
patrol, a Coast Guard Event Patrol
Commander (Event PATCOM) will be
assigned to oversee the patrol. All
persons and vessels must comply with
the instructions of the Coast Guard
COTP, Event PATCOM, or the official
patrol. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio,
flashing light or other means, the
operator of a vessel must proceed as
directed.
(e) Warning signs. (1) The pyrotechnic
operator, or the agent of a professional
pyrotechnics company, contracted by an
event sponsor to conduct the fireworks
display must ensure that a warning sign
is affixed to the port and starboard side
of the floating platform and visible each
day the safety zone will be enforced. For
a shore-based launch site, the
pyrotechnic operator must ensure a
warning sign is visible 3 feet above the
ground level, on a post immediately
adjacent to the shoreline, facing the
water each day the safety zone will be
enforced.
(2) The warning sign in paragraph
(e)(1) of this section will be labeled
‘‘FIREWORKS—DANGER—STAY
AWAY’’. The sign must be: Diamond
shaped, sized 4 feet by 4 feet, have a
white background, and have a 3-inch
orange retro-reflective border. The word
‘‘DANGER’’ must be in 10-inch black
block letters centered on the sign. The
words ‘‘FIREWORKS’’ and ‘‘STAY
AWAY’’ must be in 6-inch black block
letters placed above and below the word
‘‘DANGER’’.
(f) Postponement or cancellation. The
COTP or Event PATCOM may order the
postponement or cancellation of a
fireworks display at any time if, in their
sole discretion, it is determined that the
display cannot be conducted in a safe
manner.
(g) Contact information. The public
should contact the Coast Guard COTP
for the area in which the event is
occurring if they have questions about
these safety zones. Contact information
is listed below. For a description of the
geographical area of each Coast Guard
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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–
4940, email: D05-smb-secdelbay-WWM@
uscg.mil.
(2) Coast Guard Sector MarylandNational Capital Region—Captain of the
Port Zone, Baltimore, Maryland: (410)
576–2525, email: D05-DG-SectorMDNCR-MarineEvents@uscg.mil.
(3) Coast Guard Sector Virginia—
Captain of the Port Zone, Portsmouth,
Virginia: (757) 483–8567; email: D05DG-SECTORVA-WTRWAY@uscg.mil.
(4) Coast Guard Sector North
Carolina—Captain of the Port Zone,
Wilmington, North Carolina: (910) 343–
3882, email: ncmarineevents@uscg.mil.
22919
(h) Tables to § 165.506. All
coordinates listed reference Datum NAD
1983. As noted in paragraph (c) of this
section, the enforcement period for each
of the listed safety zones is subject to
change.
(1) Coast Guard Sector Delaware
Bay—COTP Zone.
TABLE 1 TO PARAGRAPH (h)(1)
No.
Enforcement period(s)
1 ................
July 2nd, 3rd, 4th or 5th .......
2 ................
One Saturday or Sunday in
June or July.
3 ................
July 2nd, 3rd, 4th or 5th .......
4 ................
July 2nd, 3rd, 4th or 5th .......
5 ................
Each Thursday in July ..........
6 ................
4th Saturday in May .............
7 ................
July 2nd, 3rd, 4th, or 5th ......
8 ................
Any day(s) from January 1st
through December 31st
specified by Notice of Enforcement published in the
Federal Register and
broadcast via Broadcast
Notice to Mariners.
One Saturday or Sunday in
either June or July.
9 ................
10 ..............
12 ..............
Any day from January 1st
through December 31st
specified by Notice of Enforcement published in the
Federal Register and
broadcast via Broadcast
Notice to Mariners.
One Friday, Saturday or
Sunday in May; and July
2nd, 3rd, 4th or 5th; and
December 31st.
July 2nd, 3rd, 4th or 5th .......
13 ..............
One Saturday in July ............
11 ..............
Location
Safety zone—regulated area
North Atlantic Ocean, Avalon, NJ; Safety Zone.
The waters of the North Atlantic Ocean within a 500-yard radius of the fireworks barge
in approximate location latitude 39°06′19.5″ N, longitude 074°42′02.15″ W, in the vicinity of the shoreline at Avalon, NJ.
Barnegat Bay, Barnegat
The waters of Barnegat Bay within a 500-yard radius of the fireworks barge in approxiTownship, NJ; Safety Zone.
mate position latitude 39°44′50″ N, longitude 074°11′21″ W, approximately 500 yards
north of Conklin Island, NJ.
North Atlantic Ocean, Cape
The waters of the North Atlantic Ocean within a 500-yard radius of the fireworks barge
May, NJ; Safety Zone.
in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W, immediately
adjacent to the shoreline at Cape May, NJ.
Delaware Bay, North Cape
All waters of the Delaware Bay within a 360-yard radius of the fireworks barge in apMay, NJ; Safety Zone.
proximate position latitude 38°58′00″ N, longitude 074°58′30″ W.
Metedeconk River, Brick
The waters of the Metedeconk River within a 300-yard radius of the fireworks launch
Township, NJ; Safety Zone.
platform in approximate position latitude 40°03′24″ N, longitude 074°06′42″ W, near
the shoreline at Brick Township, NJ.
Barnegat Bay, Ocean Town- All waters of Barnegat Bay within a 500-yard radius of the fireworks barge in approxiship, NJ; Safety Zone.
mate position latitude 39°47′33″ N, longitude 074°10′46″ W.
Little Egg Harbor, Parker IsAll waters of Little Egg Harbor within a 500-yard radius of the fireworks barge in apland, NJ; Safety Zone.
proximate position latitude 39°34′18″ N, longitude 074°14′43″ W, approximately 50
yards north of Parkers Island.
Delaware River, Chester, PA; All waters of the Delaware River near Chester, PA, just south of the Commodore Barry
Safety Zone.
Bridge within a 500-yard radius of the fireworks barge located in approximate position
latitude 39°49′43.2″ N, longitude 075°22′42″ W.
Delaware River, Essington,
PA; Safety Zone.
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′27″ N, longitude 075°18′19″ W.
All waters of Delaware River, adjacent to Penn’s Landing, Philadelphia, PA, within a
500-yard radius of a fireworks barge at approximate position latitude 39°56′49″ N,
longitude 075°08′11″ W.
Delaware River, Philadelphia, PA; Safety Zone.
Rehoboth Bay, DE; Safety
Zone.
All waters within a 500-yard radius of a fireworks barge located at position latitude
38°41′21″ N, longitude 075°05′00″ W at Rehoboth Bay near Dewey Beach, DE.
Delaware Bay, Lewes, DE;
Safety Zone.
Great Egg Harbor Bay,
Ocean City, NJ; Safety
Zone.
All waters of Delaware Bay off Lewes, DE, within a 350 yard radius of the barge anchored in approximate position 38°47′12″ N, 075°07′48″ W.
The waters of the Great Egg Harbor Bay within a 300-yard radius of the fireworks barge
in approximate position latitude 39°17′24″ N, longitude 074°34′31″ W, adjacent to
shoreline of Ocean City, NJ.
(2) Coast Guard Sector MarylandNational Capital Region—COTP Zone.
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TABLE 1 TO PARAGRAPH (h)(2)
No.
Enforcement period(s)
Location
Safety zone—regulated area
1 ................
Any day(s) from March 1st
through December 31st.
Whenever feasible, the
COTP will publish a Notice
of Enforcement at least 2
days in advance of the
event in the Federal Register. Each day that the
duration of each enforcement of the zone is expected to be 5 hours or
less.
Washington Channel, Upper
Potomac River, Washington, DC; Safety Zone.
The waters of the Washington Channel within a 200-foot radius of the fireworks floating
platform which will be located within an area bounded on the south by latitude
38°52′30″ N, and bounded on the north by the southern extent of the Francis Case
(I–395) Memorial Bridge, located at Washington, DC.
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TABLE 1 TO PARAGRAPH (h)(2)—Continued
No.
Enforcement period(s)
Location
Safety zone—regulated area
2 ................
July 4th .................................
3 ................
December 31st .....................
Severn River and Spa Creek,
Annapolis, MD; Safety
Zone.
Upper Potomac River, Washington, DC; Safety Zone.
4 ................
June 14th, September—2nd
or 3rd Saturday.
5 ................
May—2nd or 3rd Thursday,
November—2nd Saturday
or Sunday.
Northwest Harbor (East
Channel), Patapsco River,
MD; Safety Zone.
Baltimore Inner Harbor, Patapsco River, MD; Safety
Zone.
6 ................
May—2nd or 3rd Thursday
or Friday, July 4th, December 31st.
April—1st, 2nd or 3rd Saturday or Sunday.
Baltimore Inner Harbor, Patapsco River, MD, Safety
Zone.
Anacostia River, Washington, DC; Safety Zone.
July 4th or the Friday or Saturday before or after Independence Day (observed).
July 3rd, or the Friday after
Independence Day (observed).
Patuxent River, Calvert
County, MD; Safety Zone.
10 ..............
July 4th .................................
Choptank River, Cambridge,
MD; Safety Zone.
11 ..............
July 4th, or Saturday or Sunday before or after Independence Day (observed).
July 4th, or the Saturday or
Sunday before or after
Independence Day (observed).
July 4th or the Saturday or
Sunday before or after
Independence Day (observed).
July 4th, or the Saturday before or after Independence
Day (observed).
December 31st .....................
Middle River, Baltimore
County, MD; Safety Zone.
Susquehanna River, Havre
de Grace, MD; Safety
Zone.
The waters of the Severn River and Spa Creek within a 200-yard radius of the fireworks
barge in approximate position latitude 38°58′38″ N, longitude 076°28′41″ W, located
near the entrance to Spa Creek, at Annapolis, MD.
The waters of the Upper Potomac River within a 200-yard radius of the fireworks barge
in approximate position 38°48′14″ N, 077°02′10″ W, located near the waterfront (King
Street) at Alexandria, VA.
The waters of the Patapsco River within a 200-yard radius of the fireworks barge in approximate position latitude 39°15′55.15″ N, longitude 076°34′32.66″ W, located adjacent to the East Channel of Northwest Harbor, at Baltimore, MD.
The waters of the Patapsco River within a 100-yard radius of the fireworks barge in approximate position latitude 39°17′01″ N, longitude 076°36′31″ W, located at the entrance to Baltimore Inner Harbor, approximately 125 yards southwest of pier 3, at
Baltimore, MD.
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, at Baltimore, MD.
All navigable waters of the Anacostia River within a 400-foot radius of the fireworks
barge in approximate position latitude 38°52′16.3″ N, longitude 077°00′09.7″ W, located at Washington, DC.
The 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 700 feet from
shore at Solomons Island, MD.
The waters of the Chesapeake Bay within a 200-yard radius of the fireworks barge in
approximate position latitude 38°41′36.36″ N, longitude 076°31′29.58″ W, and within
a 200-yard radius of the fireworks barge in approximate position latitude 38°41′27.84″
N, longitude 076°31′28.50″ W, located near Chesapeake Beach, MD.
The waters of the Choptank River within a 300-yard radius of the fireworks launch site
at Great Marsh Point, in approximate position latitude 38°35′05″ N, longitude
076°04′41″ W, located at Cambridge, MD.
All waters of the Middle River within a 200-yard radius of the fireworks barge in approximate position latitude 39°18′25″ N, longitude 076°24′27″ W, located near Wilson
Point in Baltimore County, MD.
All waters of the Susquehanna River within a 200-yard radius of the fireworks barge in
approximate position latitude 39°32′19″ N, longitude 076°04′58.3″ W, located at
Havre de Grace, MD.
Susquehanna River, Havre
de Grace, MD; Safety
Zone.
The waters of the Susquehanna River within a 300-yard radius of approximate position
latitude 39°32′06″ N, longitude 076°05′22″ W, located on the island at Millard Tydings
Memorial Park, at Havre de Grace, MD.
Miles River, St. Michaels,
MD; Safety Zone.
July 3rd, or the Friday after
Independence Day (observed).
July 3rd or August 4th ..........
Tred Avon River, Oxford,
MD; Safety Zone.
18 ..............
July—1st, 2nd or 3rd Saturday.
Upper Potomac River, Washington, DC; Safety Zone.
19 ..............
March through October, at
the conclusion of evening
MLB games at Washington
Nationals Ball Park.
June—last Saturday or
July—1st Saturday; July—
3rd, 4th or last Saturday,
September—Saturday before Labor Day (observed).
July 4th .................................
Anacostia River, Washington, DC; Safety Zone.
All navigable waters of the Miles River within a 150-yard radius of the fireworks barge
in approximate position latitude 38°47′55.10″ N, longitude 076°12′43.75″ W, located
at the entrance to Long Haul Creek.
The waters of Spa Creek within a 400-foot radius of the fireworks barge in approximate
position latitude 38°58′32.48″ N, longitude 076°28′57.55″ W, located at Annapolis,
MD.
The waters of the Tred Avon River within a 150-yard radius of the fireworks barge in
approximate position latitude 38°41′38.84″ N, longitude 076°10′48.41″ W, approximately 330 yards northwest of the waterfront at Oxford, MD.
All navigable waters of the Northeast River within a 300-yard radius of the fireworks
barge in approximate position latitude 39°35′26.3″ N, longitude 075°57′04.9″ W, approximately 400 yards southwest of North East Community Park at North East, MD.
The waters of the Upper Potomac River within a 300-yard radius of the fireworks barge
in approximate position 38°48′38″ N, 077°01′56″ W, located east of Oronoco Bay
Park at Alexandria, VA.
The waters of the Anacostia River within a 500-foot radius of the fireworks barge in approximate position latitude 38°52′12.71″ N, longitude 077°00′14.08″ W, located near
the Nationals Ball Park at Washington, DC.
May—Sunday before Memorial Day (observed), July
4th, August/September—
Sunday before Labor Day
(observed) or Labor Day
(observed).
July 4th .................................
Isle of Wight Bay, Ocean
City, MD; Safety Zone.
7 ................
8 ................
9 ................
12 ..............
13 ..............
14 ..............
15 ..............
16 ..............
17 ..............
20 ..............
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21 ..............
22 ..............
23 ..............
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Chesapeake Bay, Chesapeake Beach, MD, Safety
Zone.
Spa Creek, Annapolis, MD;
Safety Zone.
Northeast River, North East,
MD; Safety Zone.
Potomac River, Prince William County, VA; Safety
Zone.
The waters of the Potomac River within a 150-yard radius of the fireworks barge in approximate position latitude 38°34′07.97″ N, longitude 077°15′37.39″ W, located near
Cherry Hill, VA.
North Atlantic Ocean, Ocean
City, MD; Safety Zone.
The waters of the North 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 at Ocean City, MD.
The waters of Isle of Wight Bay within a 150-yard radius of the fireworks barge in approximate position latitude 38°22′31″ N, longitude 075°04′30″ W, located at Ocean
City, MD.
Assawoman Bay, Fenwick Island—Ocean City, MD;
Safety Zone.
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The waters of Assawoman Bay within a 200-yard radius of the fireworks launch location
on the pier at the west end of Northside Park, in approximate position latitude
38°25′54.72″ N, longitude 075°03′53.11″ W, located at Ocean City, MD.
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22921
TABLE 1 TO PARAGRAPH (h)(2)—Continued
No.
Enforcement period(s)
Location
Safety zone—regulated area
24 ..............
July 4th, December 31st ......
25 ..............
July 4th, or the Tuesday,
Wednesday or Thursday
before Independence Day
(observed).
July 3rd, or the Friday, Saturday or Sunday after Independence Day (observed).
July 4th .................................
Baltimore Harbor, Baltimore
Inner Harbor, MD; Safety
Zone.
Chester River, Kent Island
Narrows, MD, Safety Zone.
The waters of Baltimore Harbor, Patapsco River, within an 800-foot radius of the fireworks barge in approximate position latitude 39°16′36.7″ N, longitude 076°35′53.8″
W, located northwest of the Domino Sugar refinery wharf at Baltimore, MD.
All navigable waters of Chester River, Kent Island Narrows (North Approach), within
800 feet of the fireworks launch site at Kent Island in approximate position latitude
38°58′45.0″ N, longitude 076°14′52.8″ W, located in Queen Anne’s County, MD.
Severn River, Sherwood Forest, MD; Safety Zone.
The waters of the Severn River within a 150-yard radius of the fireworks discharge site
located at the end of Sherwood Forest Club main pier in approximate position latitude
39°01′54.0″ N, longitude 076°32′41.8″ W, located at Sherwood Forest, MD.
The waters of the Middle Branch of the Patapsco River, within an 800-feet radius of the
fireworks display in the in approximate position latitude 39°15′31.67″ N, longitude
076°37′13.95″ W, located at Baltimore, MD.
26 ..............
27 ..............
Patapsco River-Middle
Branch, Baltimore, MD;
Safety Zone.
(3) Coast Guard Sector Virginia—
COTP Zone.
TABLE 1 TO PARAGRAPH (h)(3)
No.
Enforcement period(s)
Location
Safety zone—regulated area
1 ................
July 4th .................................
Linkhorn Bay, Virginia
Beach, VA, Safety Zone.
2 ................
July 4th .................................
York River, Yorktown, VA,
Safety Zone.
3 ................
June—4th Friday, July—1st
Friday, July 4th.
Chesapeake Bay, Norfolk,
VA, Safety Zone.
4 ................
July 4th .................................
5 ................
July 4th .................................
North Atlantic Ocean, Virginia Beach, VA, Safety
Zone A.
Nansemond River, Suffolk,
VA, Safety Zone.
6 ................
July 4th .................................
7 ................
8 ................
July 4th, August—1st Friday,
Saturday and Sunday, December 31st.
July 4th, 5th or 6th ...............
9 ................
July 3rd, 4th or 5th ...............
Chesapeake Bay, Virginia
Beach, VA, Safety Zone.
10 ..............
July 4th .................................
Elizabeth River Eastern
Branch, Norfolk, VA; Safety Zone.
11 ..............
April: Last Friday, Saturday
and Sunday.
North Atlantic Ocean, Virginia Beach, VA, Safety
Zone.
Chickahominy River, Williamsburg, VA, Safety
Zone.
Cape Charles Harbor, Cape
Charles, VA, Safety Zone.
Chesapeake Bay, Virginia
Beach, VA, Safety Zone.
All waters of the Linkhorn Bay within a 400-yard radius of the fireworks display in approximate position latitude 36°52′20″ N, longitude 076°00′38″ W, located near the
Cavalier Golf and Yacht Club, Virginia Beach, VA.
All waters of the York River within a 400-yard radius of the fireworks display in approximate position latitude 37°14′14″ N, longitude 076°30′02″ W, located near Yorktown,
VA.
All waters of the Chesapeake Bay within a 400-yard radius of the fireworks display located in position latitude 36°57′21″ N, longitude 076°15′00″ W, located near Ocean
View Fishing Pier.
All waters of the North Atlantic Ocean within a 1,000-yard radius of the center located
near the shoreline at approximate position latitude 36°51′12″ N, longitude 075°58′06″
W, located off the beach between 17th and 31st streets.
All waters of the 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, VA.
All waters of Cape Charles Harbor located within a 125 yard-radius of the fireworks display at approximate position latitude 37°15′46.5″ N, longitude 076°01′30.3″ W. near
Cape Charles, VA.
All waters of Chesapeake Bay located within a 200-yard radius of the fireworks display
at approximate position latitude 36°54′58.18″ N, longitude 076°06′44.3″ W. near Virginia Beach, VA.
All waters of the Chesapeake Bay 400 yard radius of the fireworks display in approximate position latitude 36°55′02″ N, longitude 076°03′27″ W, located at the First Landing State Park at Virginia Beach, Virginia.
All waters of Eastern Branch Elizabeth River within the area along the shoreline immediately adjacent to Harbor Park Stadium ball park and outward into the river bound by
a line drawn from latitude 36°50′30″ N, longitude 076°16′39.9″ W, thence south to
36°50′26.6″ N, longitude 076°16′39″ W, thence northwest to 36°50′28.8″ N, longitude
076°16′49.1″ W, thence north to 36°50′30.9″ N, longitude 076°16′48.6″ W, thence
east along the shoreline to point of origin.
All water of the North Atlantic Ocean within a 300-yard radius of approximate position
latitude 36°50′29.91″ N, longitude 075°58′05.36″ W, located off the beach between
10th and 15th streets.
(4) Coast Guard Sector North
Carolina—COTP Zone.
jbell on DSKJLSW7X2PROD with PROPOSALS
TABLE 1 TO PARAGRAPH (h)(4)
No.
Enforcement period(s)
Location
Safety zone—regulated area
1 ................
July 4th, October—1st Saturday.
Morehead City Harbor Channel, NC, Safety Zone.
2 ................
April—1st or 2nd Saturday,
July 4th, August—3rd
Monday, October—1st Saturday.
Cape Fear River, Wilmington, NC, Safety Zone.
The 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.
The 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.
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22922
Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Proposed Rules
TABLE 1 TO PARAGRAPH (h)(4)—Continued
No.
Enforcement period(s)
Location
Safety zone—regulated area
3 ................
July 1st Saturday, July 4th ...
4 ................
May—3rd or 4th Saturday:
July 4th.
July 4th or 5th .......................
Green Creek and Smith
Creek, Oriental, NC, Safety Zone.
Pasquotank River, Elizabeth
City, NC, Safety Zone.
Currituck Sound, Corolla,
NC, Safety Zone.
The waters of Green Creek and Smith Creek that fall within a 300-yard radius of the
fireworks launch site at approximate 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.
The waters of the Pasquotank River within a 300-yard radius of the fireworks launch
barge in approximate position latitude 36°17′47″ N, longitude 076°12′17″ W.
The waters of the Currituck Sound within a 300-yard radius of the fireworks launch site
in approximate position latitude 36°22′23.8″ N, longitude 075°49′56.3″ W, located
near Whale Head Bay.
The 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 latitude 34°16′19″ N, longitude 077°44′55″ W, thence south to the causeway at latitude 34°16′16″ N, longitude
077°44′58″ W, thence west along the shoreline to latitude 34°16′29″ N, longitude
077°45′34″ W, thence back to the point of origin.
The waters of Pamlico River and Tar River within a 300-yard radius of the fireworks
launch site at approximate position latitude 35°32′25″ N, longitude 077°03′42″ W, a
position located on the southwest shore of the Pamlico River, Washington, NC.
The 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.
The waters of Pamlico Sound with a 300-yard radius of the National Park Service boat
launch site at Ocracoke, NC at position latitude 35°07′07″ N, longitude 075°59′16″ W.
The 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.
The 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.
The 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.
The 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, NC.
The waters on Bath Creek within a 300-yard radius of approximate position 35°28′05″
N, 076°48′56″ W, Bath, NC.
The waters of the Atlantic Intracoastal Waterway within a 300-yard radius of the fireworks launch position at approximate position latitude 34°41′02″ N, longitude
077°07′04″ W, located near Swansboro, NC.
The waters of Shallowbag Bay within a 300-yard radius of a fireworks barge anchored
at latitude 35°54′31″ N, longitude 075°39′42″ W.
The waters of the Atlantic Intracoastal Waterway within a 300-yard radius of approximate position latitude 34°25′46″ N, longitude 077°33′01″ W, in Surf City, NC.
5 ................
6 ................
July 4th, November—3rd
Saturday.
Middle Sound, Figure Eight
Island, NC, Safety Zone.
7 ................
June—2nd Saturday, July
4th.
Pamlico River, Washington,
NC, Safety Zone.
8 ................
July 4th .................................
9 ................
11 ..............
July—1st Saturday or Sunday, July 4th.
July 4th, November—Saturday following Thanksgiving
Day.
July 4th .................................
Neuse River, New Bern, NC,
Safety Zone.
Pamlico Sound, Ocracoke,
NC, Safety Zone.
Motts Channel, Banks Channel, Wrightsville Beach,
NC, Safety Zone.
Cape Fear River, Southport,
NC, Safety Zone.
12 ..............
July 4th .................................
Big Foot Slough, Ocracoke,
NC, Safety Zone.
13 ..............
August—1st Tuesday ...........
New River, Jacksonville, NC,
Safety Zone.
14 ..............
May—3rd or 4th Saturday,
July 4th.
July 4th, October—2nd Saturday.
Bath Creek, Bath, NC, Safety
Zone.
Atlantic Intracoastal Waterway, Swansboro, NC,
Safety Zone.
Shallowbag Bay, Manteo,
NC; Safety Zone.
Atlantic Intracoastal Waterway, Surf City, NC, Safety
Zone.
Neuse River, New Bern, NC,
Safety Zone..
10 ..............
15 ..............
16 ..............
17 ..............
18 ..............
September—4th or last Saturday.
July—3rd or 4th ....................
September—3rd, 4th, or last
Friday or Saturday.
The waters within a 300-yard radius of the fireworks launch location at approximate position latitude 35°06′23″ N, longitude 077°01′48″ W, on the Neuse River, New Bern,
NC.
jbell on DSKJLSW7X2PROD with PROPOSALS
Dated: April 22, 2021.
Laura M. Dickey
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
three previous proposed rules which
proposed to add five sites to the
Superfund National Priorities List
(NPL). The NPL is the list of sites of
national priority among the known
[FR Doc. 2021–08945 Filed 4–29–21; 8:45 am]
releases or threatened releases of
BILLING CODE 9110–04–P
hazardous substances, pollutants, or
contaminants throughout the United
States and its territories. The NPL is
ENVIRONMENTAL PROTECTION
intended primarily to guide the EPA in
AGENCY
determining which sites warrant further
investigation.
40 CFR Part 300
DATES: The proposed rules to add these
[EPA–HQ–SFUND–1993–0003, EPA–HQ–
SFUND–2000–0004, EPA–HQ–SFUND–2000– five sites to the NPL previously
published at 58 FR 27507 (May 10,
0007; FRL–10022–95–OLEM]
1993), 65 FR 30489 (May 11, 2000) and
National Priorities List for Uncontrolled 65 FR 75215 (December 1, 2000) are
partially withdrawn effective April 30,
Hazardous Waste Sites; Partial
2021.
Withdrawal of Proposed Rules
FOR
FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection
Terry Jeng, phone: (703) 603–8852,
Agency.
email: jeng.terry@epa.gov, Site
ACTION: Proposed rules; partial
Assessment
and Remedy Decisions
withdrawal.
Branch, Assessment and Remediation
SUMMARY: The Environmental Protection Division, Office of Superfund
Remediation and Technology
Agency (EPA) is partially withdrawing
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Innovation (Mailcode 5204P), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
EPA
proposes sites be placed on the NPL via
a proposed rulemaking published in the
Federal Register. Following a public
comment period, most sites are added to
the NPL. However, there exists a small
subset of sites that have been proposed
to the NPL but never added. These sites
remain proposed until a decision is
made to either withdraw the proposal or
add the site to the NPL.
By withdrawing proposals to list sites
where listing is no longer appropriate,
EPA can reduce the backlog of proposed
sites and focus essential resources
elsewhere. Once cleanup goals are
attained or the determination is made
that the site does not pose a significant
threat to human health or the
environment, it is not necessary to
continue the listing process; thus,
SUPPLEMENTARY INFORMATION:
E:\FR\FM\30APP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Proposed Rules]
[Pages 22913-22922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08945]
[[Page 22913]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0138]
RIN 1625-AA00
Safety Zones; Recurring Marine Events and Fireworks Displays
Within the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend the regulations for
recurring marine events and fireworks displays that take place within
the Fifth Coast Guard District area of responsibility. We invite your
comments on this rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 1, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0138 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Captain Maureen Kallgren, Fifth
Coast Guard District Office of Waterways Management, U.S. Coast Guard;
telephone (757) 398-6250, email [email protected] or Mr.
Jerry Barnes, Fifth Coast Guard District Office of Waterways
Management, U.S. Coast Guard; telephone (757) 398-6230, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
Event PATCOM Coast Guard Event Patrol Commander
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard regularly updates the regulations for recurring
safety zones within the Fifth Coast Guard District at 33 CFR 165.506,
and its respective tables. These recurring safety zones are for
fireworks displays that take place either on or over the navigable
waters of the Fifth Coast Guard District as defined at 33 CFR 3.25.
These regulations were last amended June 13, 2017 (81 FR 81005). The
Fifth Coast Guard District is proposing to revise these regulations to
update existing events, add new events, and remove events that no
longer require additional safety measures. Based on the nature of
fireworks and the large number of people attending, the Coast Guard has
determined that the events listed in this rule could pose a risk to the
public. We are also proposing to revise the text for better clarity and
easier readability.
The purpose of this rulemaking is to ensure the safety of persons,
vessels, and the navigable waters within close proximity to fireworks
displays before, during, and after the scheduled events. Each year,
organizations, individuals and government agencies in the Fifth Coast
Guard District sponsor fireworks displays in the same general location
and time period. Each event uses a floating platform (e.g. barge) or an
on-shore site near the shoreline to launch the fireworks. A safety zone
is used to limit access to an area within a specified distance
surrounding the fireworks launch site 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 is conducting this rulemaking under authority in 46
U.S.C. 70034 (previously, 33 U.S.C. 1231). The Secretary has delegated
ports and waterways authority, with certain reservations not applicable
here, to the Commandant via DHS Delegation No. 0170.1(II) (70). The
Commandant has further delegated these authorities within the Coast
Guard as described in 33 CFR 1.05-1 and 6.04-6.
III. Discussion of Proposed Rule
A. Administrative Changes
We are proposing several administrative updates, substantive and
non-substantive, to the regulatory text. We have reorganized and
revised the text to, consolidate related information, improve
readability, and reflect revised local policies.
First, the text has been re-organized to reflect the order in which
information is needed by the reader--defined terms, applicability of
the regulation, when the regulation will be enforced and notification
to the public, requirements in place when the regulation is being
enforced, warning sign information, postponement or cancellation of an
event, COTP contact information, and finally the tables of events.
As noted above we are proposing to add a definition section up
front so that terms utilized later in the regulation are explained to
the reader up front. One of the defined terms is ``Event Patrol
Commander'', or ``Event PATCOM''. The Event PATCOM replaces the current
regulation's reference to the ``Coast Guard Patrol Commander''; there
is no change to the associated definition. Use of an Event PATCOM
enables the local Captain of the Port to retain operational control and
incorporate risk-based decision making to the event. We are also
proposing to amend the regulation to allow for other government
agencies to provide safety zone enforcement when working under local
agreements which expands the ability to ensure safety of the public by
increasing the number of available safety zone enforcement personnel.
We are proposing to consolidate information regarding when the
regulation will be enforced and how the Coast Guard will notify the
public of enforcement into a new paragraph (c) and placing it near the
beginning of the regulation. This information is currently scattered
through several paragraphs of the text (paragraphs (a)(2), (b)(2), and
(d)). Consolidating this information makes it easier to locate all of
the necessary information and how the different requirements relate to
each other.
In the paragraph regarding warning-sign requirements the term
``fireworks launch site'' has been updated to ``floating platform''.
This revision makes clear that the regulation applies to all floating
platforms used to launch fireworks and not just barges.
We have updated the location for Sector Virginia from Norfolk to
Portsmouth, VA, where the command center is now located. We have also
updated the phone number for Sector North Carolina. Email addresses
have been added to the text to aid the public in communicating with the
appropriate Sector.
Finally, this rule gives discretionary authority to COTPs and Event
PATCOMs to postpone or cancel the fireworks display at any time for the
purpose of ensuring the safety of the public.
The tables accompanying this rule have been updated for clarity and
to assist the reader.
B. Changes to Table to 33 CFR 165.506
This rule would add 14 new safety zones, revise 29 previously
established safety zones, and remove 24 safety zones. Currently there
is one table of
[[Page 22914]]
events for all of 33 CFR 165.506. We are proposing to break that table
into separate tables for each COTP zone. This change will make it
easier for the Coast Guard to make changes to the tables in the future
and will hopefully make the tables easier for the public to read as
well. We are also proposing to re-format the date entries so that the
information is more clearly stated.
New Safety Zones
This rule proposes to add 14 new safety zones. The location and
enforcement period for each of the new zones are listed in the below
table.
Table 1--New Safety Zones to be Added to 33 CFR 165.506
----------------------------------------------------------------------------------------------------------------
Enforcement
USCG sector Location Regulated area period(s) *
----------------------------------------------------------------------------------------------------------------
Coast Guard Sector Delaware Delaware Bay, All waters of Delaware Bay off Lewes, DE, One period, four
Bay--COTP Zone. Lewes, DE. within 350 yards of the barge anchored in days.
approximate position 38[deg]47'12'' N,
075[deg]07'48'' W.
Great Egg Harbor The waters of the Great Egg Harbor Bay One period, one
Bay, Ocean City, within a 300-yard radius of the fireworks day.
NJ. barge in approximate position latitude
39[deg]17'24'' N, longitude
074[deg]34'31'' W, adjacent to shoreline
of Ocean City, NJ.
Coast Guard Sector Maryland- Washington All navigable waters of the Washington Multiple periods
National Capital Region--COTP Channel, Upper Channel within 200 feet of the fireworks March through
Zone. Potomac, barge which will be located within an December each
Washington, DC. area bounded on the south by latitude year.
38[deg]52'30'' N, and bounded on the
north by the southern extent of the
Francis Case (I-395) Memorial Bridge,
located at Washington, DC.
Anacostia River, All navigable waters of the Anacostia One period, one
Washington, DC. River within 400 feet of the fireworks day.
barge in approximate position latitude
38[deg]52'16.3'' N, longitude
077[deg]00'09.7'' W, located at
Washington, DC.
Middle River, All navigable waters of the Middle River One period, one
Baltimore within 200 yards of the fireworks barge day.
County, MD. in approximate position latitude
39[deg]18'25'' N, longitude
076[deg]24'27'' W, located in Baltimore
County, MD.
Susquehanna All navigable waters of the Susquehanna One period, one
River, Havre de River within 200 yards of the fireworks day.
Grace, MD. barge in approximate position latitude
39[deg]32'19'' N, longitude
076[deg]04'58.3'' W, located at Havre de
Grace, MD.
Spa Creek, All navigable waters of Spa Creek within One period, one
Annapolis, MD. 400 feet of the fireworks barge in day.
approximate position latitude
38[deg]58'32.48'' N, longitude
076[deg]28'57.55'' W, located at
Annapolis, MD.
Severn River, All navigable waters of the Severn River One period, one
Sherwood Forest, within 150 yards of the fireworks day.
MD. discharge site located at the end of
Sherwood Forest Club main pier in
approximate position latitude
39[deg]01'54.0'' N, longitude
076[deg]32'41.8'' W, located at Sherwood
Forest, MD.
Patapsco River, All navigable waters of the Middle Branch One period, one
Middle Branch, of the Patapsco River, within 800 feet of day.
Baltimore, MD. a fireworks barge in the in approximate
position latitude 39[deg]15'31.67'' N,
longitude 076[deg]37'13.95'' W, located
at Baltimore, MD.
Coast Guard Sector Virginia-- Elizabeth River, All waters of Elizabeth River within a 600- One period, one
COTP Zone. Town Point foot radius of the fireworks display at day.
Reach, Norfolk, approximate position latitude 36 degrees
VA. 50'40.99'' N, longitude 076 degrees
17'45.48'' W near Town Point Park, VA.
North Atlantic All waters of the North Atlantic Ocean One period, three
Ocean, Virginia within a 300-yard radius of the center days.
Beach, VA. located at approximate position latitude
36[deg]50'29.91'' N, longitude
075[deg]58'05.36'' W, located off the
beach between 10th and 15th streets.
Coast Guard Sector North Bath Creek, Bath, All waters on Bath Creek within a 300-yard One period, two
Carolina--COTP Zone. NC. radius of approximate position days.
35[deg]28'05'' N, 076[deg]48'56'' W,
Bath, NC.
Atlantic All waters of the Atlantic Intracoastal One period, one
Intracoastal Waterway within a 300-yard radius of day.
Waterway, Surf approximate position latitude
City, NC. 34[deg]25'46'' N, longitude
077[deg]33'01'' W, in Surf City, NC.
Neuse River, New All waters within a 300-yard radius of the One period, one
Bern, NC. fireworks launch location at approximate day.
position latitude 35[deg]06'23'' N,
longitude 077[deg]01'48'' W, on the Neuse
River, New Bern, NC.
----------------------------------------------------------------------------------------------------------------
Revised Safety Zones
We are proposing to revise 29 previously established safety zones.
The chart below includes a description of each change and an
explanation why the change is necessary.
Table 2--Changes to Existing Events in 33 CFR 165.506
----------------------------------------------------------------------------------------------------------------
Current table to Sec. Revision (date and/or
165.506 entry Location coordinates) Reason for change
----------------------------------------------------------------------------------------------------------------
(a.) 5..................... Barnegat Bay, dates........................... Event no longer occurs in
Barnegat Township, September.
NJ.
[[Page 22915]]
(a.) 9..................... Metedeconk River, dates........................... Event now takes place in
Brick Township, NJ. June or July instead of
July and September.
(a.) 14.................... Delaware, River, dates........................... Event date updated.
Chester, PA.
(a.) 15.................... Delaware River, dates and coordinates........... The location of the safety
Essington, PA. zone was moved to reflect
the updated location of
the fireworks barge.
Event now occurs in June
or July instead of
September.
(a.) 18.................... Rehoboth Bay, DE..... dates........................... The spring occurrence of
the event has changed
from April to May.
(b.) 2..................... Severn River and Spa dates and coordinates........... Safety zone size decreased
Creek, Annapolis, MD. from a 300-yard radius to
a 200-yard radius without
negative impact to public
safety.
December occurrence no
longer occurs.
(b.) 3..................... Upper Potomac River, coordinates..................... Safety zone size decreased
Washington, DC. from a 300-yard radius to
a 200-yard radius without
negative impact to public
safety.
(b.) 4..................... Northwest Harbor, dates and coordinates........... Safety zone size decreased
Patapsco River, MD. from a 300-yard radius to
a 200-yard radius without
negative impact to public
safety.
July and December
occurrences removed;
added alternative date to
September.
(b.) 5..................... Baltimore Inner dates........................... April, July , and December
Harbor, MD. occurrences no longer
occur; added new
occurrence in November.
(b.) 8..................... Patuxent River, dates and coordinates........... The location of the safety
Calvert County, MD. zone was moved to reflect
the updated location of
the fireworks barge
closer to shore.
Alternative date added.
(b.) 9..................... Chesapeake Bay, dates and coordinates........... The location of the safety
Chesapeake Beach, MD. zone was moved to reflect
the updated location of
the fireworks barge.
Alternative dates added.
(b.) 10.................... Choptank River, coordinates..................... The location of the safety
Cambridge, MD. zone was moved to reflect
the updated location of
the fireworks site to an
onshore location.
(b.) 14.................... Miles River, St. coordinates..................... The location of the safety
Michaels, MD. zone was moved to reflect
the updated location
offshore.
(b.) 15.................... Tred Avon River, dates and coordinates........... The location of the safety
Oxford, MD. zone was moved to reflect
the updated location of
the fireworks site.
Alternative dates added.
(b.) 16.................... Northeast River, dates and coordinates........... Safety zone size decreased
North East, MD. from a 300-yard radius to
a 150-yard radius without
negative impact to public
safety.
Alternative August date
added.
(b.) 18.................... Anacostia River, coordinates..................... Safety zone size decreased
Washington, DC. from a 150-yard radius to
500 feet without negative
impact to public safety.
(b.) 19.................... Potomac River, Prince coordinates..................... Safety zone size decreased
William County, VA. from a 200-yard radius to
150 yards without
negative impact to public
safety.
(b.) 21.................... Isle of Wight Bay, dates and coordinates........... Safety zone size decreased
Ocean City, MD. from a 200 yard radius to
150 yards without
negative impact to public
safety.
Event changed from near
Memorial Day to July 4th
and near Labor Day.
(b.) 22.................... Assawoman Bay, dates and coordinates........... Safety zone size decreased
Fenwick Island, MD. from a 360-yard radius to
200 yards without
negative impact to public
safety.
(b.) 23.................... Baltimore Harbor, MD. coordinates..................... Safety zone size decreased
from a 280-yard radius to
800 feet without negative
impact to public safety.
April Occurrence removed.
(b.) 24.................... Chester River, Kent dates and coordinates........... Safety zone moved to a
Island Narrows, MD. more open shoreside
location and reduced from
a 300 yard radius to 800
feet radius without
negative impact to public
safety.
Alternative date added.
(c.) 6..................... Chesapeake Bay, Dates........................... Alternative date added for
Virginia Beach, VA. planning flexibility.
(d.) 2..................... Cape Fear River, dates........................... Alternative date added to
Wilmington, NC. the April occurrence.
(d.) 3..................... Green Creek and Smith coordinates..................... Language ``approximate''
Creek, Oriental, NC. added to be clearer and
consistent with other
entries.
(d.) 4..................... Pasquotank River, dates and coordinates........... Language ``located
Elizabeth City, NC. approximately 400 yards
north of Cottage Point,
NC'' removed to be
clearer and consistent
with other entries.
May occurrences added.
(d.) 7..................... Pamilico River, coordinates..................... Language ``the fireworks
Washington, NC. launch site at
approximate position''
added to be clearer and
consistent with other
entries.
(d.) 8..................... Neuse River, New coordinates..................... Language ``located 420
Bern, NC. yards north of the New
Bern Twin Span, high rise
bridge'' removed to be
clearer and consistent
with other entries.
(d.) 13.................... Atlantic Intracoastal coordinates..................... Language ``the fireworks
Waterway, Swansboro, launch position at'' and
NC. ``near Swansboro'' added
and ``on Pelican Island''
removed to be clearer and
consistent with other
entries.
[[Page 22916]]
(d.) 14.................... Shallowbag Bay, coordinates..................... The safety zone was
Manteo, NC. increased from a 200-yard
radius to a 300-yard
radius to account for
larger fireworks display.
----------------------------------------------------------------------------------------------------------------
Safety Zones To Be Removed
This rule proposes to remove 24 safety zones listed in the table to
Sec. 165.506. The Coast Guard evaluated each of the 24 safety zones
and determined that either the event is no longer held at that location
or can be adequately enforced using the navigation safety rules with no
negative impact to public safety.
Table 3--Safety Zones Proposed To Be Removed From the Table to 33 CFR 165.506
----------------------------------------------------------------------------------------------------------------
Current table to Sec.
165.506 entry Date(s) Location Reason for removal
----------------------------------------------------------------------------------------------------------------
(a.) 1....................... July 2nd, 3rd, 4th, or North Atlantic Ocean, Removing safety zone and
5th. Bethany Beach, DE. deferring to navigation
safety regulations does not
negatively impact public
safety.
(a.)(2)...................... Labor Day............... Indian River Bay, DE.... Removing safety zone and
deferring to navigation
safety regulations does not
negatively impact public
safety.
(a.)(3)...................... July 2.................. North Atlantic Ocean, Removing safety zone and
Rehoboth Beach, DE. deferring to navigation
safety regulations does not
negatively impact public
safety.
(a.)(8)...................... July 2nd, 3rd, 4th, or Great Egg Harbor Inlet, Removing safety zone and
5th August--3rd Sunday. Margate City, NJ. deferring to navigation
safety regulations does not
negatively impact public
safety.
(a.)10....................... July 2nd, 3rd, 4th, or North Atlantic Ocean, Removing safety zone and
5th. Atlantic City, NJ. deferring to navigation
safety regulations does not
negatively impact public
safety.
(a.)11....................... July 2nd, 3rd, 4th or North Atlantic Ocean, Removing safety zone and
5th October--1st or 2nd Ocean City, NJ. deferring to navigation
Saturday. safety regulations does not
negatively impact public
safety.
(a.)17....................... July 2nd, 3rd, 4th, or North Atlantic Ocean, Removing safety zone and
5th. Sea Isle, NJ.. deferring to navigation
safety regulations does not
negatively impact public
safety.
(b.)1........................ April--1st, 2nd, or 3rd Washington Channel, Event no longer held at this
Saturday. Potomac River, location.
Washington, DC.
(b.)7........................ July 4th; December 31st. Northwest Harbor Event no longer held at this
Patapsco River, MD. location.
(b.)11....................... July--2nd or 3rd or last Potomac River, Fairview Event no longer held at this
Saturday. Beach, Charles County, location.
MD.
(b).12....................... July--day before Potomac River, National Event no longer held at this
Independence Day Harbor, MD. location.
holiday and July 4th;
November--3rd Thursday,
3rd Saturday and last
Friday; December--1st,
2nd and 3rd Friday.
(c.)2........................ September--last Friday York Rivers, West Point, Event no longer held at this
or October--1st Friday. VA. location.
(c.)4........................ July 4th, July 5th, July James River, Newport Event no longer held at this
6th, or July 7th. News, VA. location.
(c.)7........................ July 4th; December 31st, Elizabeth River Southern Removing safety zone and
January 1st. Branch, Norfolk, VA. deferring to navigation
safety regulations does not
negatively impact public
safety.
(c.)8........................ July--3rd Saturday...... John H. Kerr Reservoir, Removing safety zone and
Clarksville, VA. deferring to navigation
safety regulations does not
negatively impact public
safety.
(c.)10....................... September--last Saturday North Atlantic Ocean Removing safety zone and
or October--1st Safety Zone B, Virginia deferring to navigation
Saturday. Beach, VA. safety regulations does not
negatively impact public
safety.
(c.)11....................... Friday, Saturday and North Atlantic Ocean Event no longer held at this
Sunday Labor Day Safety Zone C, Virginia location.
Weekend. Beach, VA.
(c.)14....................... July--3rd, 4th, and 5th. Great Wicomico River, Event no longer held at this
Mila, VA. location.
(c.)15....................... July--1st Friday, Cockrell's Creek, Event no longer held at this
Saturday and Sunday. Reedville, VA. location.
(c.)16....................... May--last Sunday........ James River, Richmond, Event no longer held at this
VA. location.
(c.)17....................... June--last Saturday..... Rappahannock River, Event no longer held at this
Tappahannock, VA. location.
(c.)19....................... July 3rd or 4th......... Pagan River, Smithfield, Event no longer held at this
VA. location.
(c.)20....................... July 4th................ Sandbridge Shores, Event no longer held at this
Virginia Beach, VA. location.
(c.)22....................... July 3rd, 4th, or 5th... Urbanna Creek, Urbanna, Event no longer held at this
VA. location.
----------------------------------------------------------------------------------------------------------------
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and
[[Page 22917]]
Executive orders and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the short amount
of time that vessels will be restricted from certain parts of the
waterway and the small size of these areas that are usually positioned
away from high vessel traffic zones. Generally vessels would not be
precluded from getting underway, or mooring at any piers or marinas
currently located in the vicinity of the regulated areas. Advance
notifications would also be made to the local maritime community by
issuance of Local Notice to Mariners, Broadcast Notice to Mariners via
VHF-FM marine channel 16, Marine Safety Information or Security
Bulletins so mariners can adjust their plans accordingly. Notifications
to the public for most events will typically be made by local
newspapers, radio and TV stations. The Coast Guard anticipates that
these special local regulated areas and safety zones will only be
enforced one to three times per year.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit
through a special local regulated area or safety zone may be small
entities, for the reasons stated in section IV.A above, this proposed
rule would not have a significant economic impact on any vessel owner
or operator. These safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The Coast Guard will ensure that small entities are able to
operate in the areas where events are occurring to the extent possible
while ensuring the safety of the public. The enforcement period will be
short in duration and, in many of the areas, vessels can transit safely
around the safety zone. Generally permission to enter, remain in, or
transit through these regulated areas during the enforcement may be
given when deemed safe to do so by the Event PATCOM on scene.
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.
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. 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 in the FOR FURTHER INFORMATION CONTACT
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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. This proposed rule involves
implementation of regulations at 33 CFR part 165 that establish safety
zones on navigable waters of the United States for fireworks events.
These safety zones are enforced for the duration of fireworks display
events. The fireworks are generally launched from either a floating
platform or shore side location immediately adjacent to navigable
waters of the United States. The category of activities includes
fireworks launched from floating platforms or at the shoreline that
generally rely on the use of navigable waters as a safety buffer.
Fireworks displays may introduce potential hazards such as accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. This section of the rule is categorically excluded
from further review under paragraph L[60] of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket.
[[Page 22918]]
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
For instructions on locating the docket, see the ADDRESSES section
of this preamble. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person in
the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 165.506 to read as follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.
(a) Definitions. The following definitions apply to this section:
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the Coast Guard who has been designated by
the respective Coast Guard Sector--COTP to enforce these regulations.
Official patrol means any vessel assigned or approved by the
respective Captain of the Port (COTP) with a commissioned, warrant, or
petty officer on board and displaying a Coast Guard ensign, or any
state or local law enforcement vessel approved by the COTP in
accordance with current local agreements.
(b) Applicability. This section applies to the safety zones listed
in paragraph (h) of this section.
(c) Enforcement periods and COTP notification to the public. The
COTP for the area where an event will be held will annually notify the
public of each enforcement of a safety zone in paragraph (h) of this
section by all appropriate means to affect the widest publicity among
the affected public, including by Local Notices to Mariners and by
Broadcast Notice to Mariners over VHF-FM marine band radio. The
announcement will contain the details of the fireworks display,
including the date(s) and time(s) of the enforcement period of the
regulation with respect to that safety zone and the affected
geographical area. Broadcasts may be made for these events beginning 24
to 48 hours before the event is scheduled to begin. The enforcement
period(s) for each safety zone in paragraph (h) of this section is
subject to change, but the duration of enforcement will remain the
same, or nearly the same, total amount of time as stated in its table.
An event may be conducted on the day following the date listed in
paragraph (h) of this section in the case of inclement weather. Unless
the COTP notifies the public otherwise, the safety zones in paragraph
(h) of this section will be enforced from 5:30 p.m. on the date listed
in paragraph (h) to 1 a.m. the date following the last date listed in
paragraph (h) for an event.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) Vessels may not enter, remain in, or transit through the safety
zones during enforcement unless authorized to do so by the COTP or the
Event PATCOM.
(3) The Coast Guard may assign an official patrol to each fireworks
display listed in paragraph (h) of this section. For each fireworks
display assigned a patrol, a Coast Guard Event Patrol Commander (Event
PATCOM) will be assigned to oversee the patrol. All persons and vessels
must comply with the instructions of the Coast Guard COTP, Event
PATCOM, or the official patrol. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light or other means, the operator of
a vessel must proceed as directed.
(e) Warning signs. (1) The pyrotechnic operator, or the agent of a
professional pyrotechnics company, contracted by an event sponsor to
conduct the fireworks display must ensure that a warning sign is
affixed to the port and starboard side of the floating platform and
visible each day the safety zone will be enforced. For a shore-based
launch site, the pyrotechnic operator must ensure a warning sign is
visible 3 feet above the ground level, on a post immediately adjacent
to the shoreline, facing the water each day the safety zone will be
enforced.
(2) The warning sign in paragraph (e)(1) of this section will be
labeled ``FIREWORKS--DANGER--STAY AWAY''. The sign must be: Diamond
shaped, sized 4 feet by 4 feet, have a white background, and have a 3-
inch orange retro-reflective border. The word ``DANGER'' must be in 10-
inch black block letters centered on the sign. The words ``FIREWORKS''
and ``STAY AWAY'' must be in 6-inch black block letters placed above
and below the word ``DANGER''.
(f) Postponement or cancellation. The COTP or Event PATCOM may
order the postponement or cancellation of a fireworks display at any
time if, in their sole discretion, it is determined that the display
cannot be conducted in a safe manner.
(g) Contact information. The public should contact the Coast Guard
COTP for the area in which the event is occurring if they have
questions about these safety zones. Contact information is listed
below. For a description of the geographical area of each Coast Guard
[[Page 22919]]
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) 271-4940, email: [email protected].
(2) Coast Guard Sector Maryland-National Capital Region--Captain of
the Port Zone, Baltimore, Maryland: (410) 576-2525, email: [email protected].
(3) Coast Guard Sector Virginia--Captain of the Port Zone,
Portsmouth, Virginia: (757) 483-8567; email: [email protected].
(4) Coast Guard Sector North Carolina--Captain of the Port Zone,
Wilmington, North Carolina: (910) 343-3882, email:
[email protected].
(h) Tables to Sec. 165.506. All coordinates listed reference Datum
NAD 1983. As noted in paragraph (c) of this section, the enforcement
period for each of the listed safety zones is subject to change.
(1) Coast Guard Sector Delaware Bay--COTP Zone.
Table 1 to Paragraph (h)(1)
----------------------------------------------------------------------------------------------------------------
No. Enforcement period(s) Location Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1.................... July 2nd, 3rd, 4th or North Atlantic Ocean, The waters of the North Atlantic Ocean
5th. Avalon, NJ; Safety within a 500-yard radius of the
Zone. fireworks barge in approximate
location latitude 39[deg]06'19.5'' N,
longitude 074[deg]42'02.15'' W, in
the vicinity of the shoreline at
Avalon, NJ.
2.................... One Saturday or Sunday Barnegat Bay, Barnegat The waters of Barnegat Bay within a
in June or July. Township, NJ; Safety 500-yard radius of the fireworks
Zone. barge in approximate position
latitude 39[deg]44'50'' N, longitude
074[deg]11'21'' W, approximately 500
yards north of Conklin Island, NJ.
3.................... July 2nd, 3rd, 4th or North Atlantic Ocean, The waters of the North Atlantic Ocean
5th. 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.
4.................... July 2nd, 3rd, 4th or Delaware Bay, North All waters of the Delaware Bay within
5th. Cape May, NJ; Safety a 360-yard radius of the fireworks
Zone. barge in approximate position
latitude 38[deg]58'00'' N, longitude
074[deg]58'30'' W.
5.................... Each Thursday in July... Metedeconk River, Brick The waters of the Metedeconk River
Township, NJ; Safety within a 300-yard radius of the
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.
6.................... 4th Saturday in May..... Barnegat Bay, Ocean All waters of Barnegat Bay within a
Township, NJ; Safety 500-yard radius of the fireworks
Zone. barge in approximate position
latitude 39[deg]47'33'' N, longitude
074[deg]10'46'' W.
7.................... July 2nd, 3rd, 4th, or Little Egg Harbor, All waters of Little Egg Harbor within
5th. 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 50
yards north of Parkers Island.
8.................... Any day(s) from January Delaware River, All waters of the Delaware River near
1st through December Chester, PA; Safety Chester, PA, just south of the
31st specified by Zone. Commodore Barry Bridge within a 500-
Notice of Enforcement yard radius of the fireworks barge
published in the located in approximate position
Federal Register and latitude 39[deg]49'43.2'' N,
broadcast via Broadcast longitude 075[deg]22'42'' W.
Notice to Mariners.
9.................... One Saturday or Sunday Delaware River, All waters of the Delaware River near
in either June or July. 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]51'27'' N, longitude
075[deg]18'19'' W.
10................... Any day from January 1st Delaware River, All waters of Delaware River, adjacent
through December 31st Philadelphia, PA; to Penn's Landing, Philadelphia, PA,
specified by Notice of Safety Zone. within a 500-yard radius of a
Enforcement published fireworks barge at approximate
in the Federal Register position latitude 39[deg]56'49'' N,
and broadcast via longitude 075[deg]08'11'' W.
Broadcast Notice to
Mariners.
11................... One Friday, Saturday or Rehoboth Bay, DE; All waters within a 500-yard radius of
Sunday in May; and July Safety Zone. a fireworks barge located at position
2nd, 3rd, 4th or 5th; latitude 38[deg]41'21'' N, longitude
and December 31st. 075[deg]05'00'' W at Rehoboth Bay
near Dewey Beach, DE.
12................... July 2nd, 3rd, 4th or Delaware Bay, Lewes, All waters of Delaware Bay off Lewes,
5th. DE; Safety Zone. DE, within a 350 yard radius of the
barge anchored in approximate
position 38[deg]47'12'' N,
075[deg]07'48'' W.
13................... One Saturday in July.... Great Egg Harbor Bay, The waters of the Great Egg Harbor Bay
Ocean City, NJ; Safety within a 300-yard radius of the
Zone. fireworks barge in approximate
position latitude 39[deg]17'24'' N,
longitude 074[deg]34'31'' W, adjacent
to shoreline of Ocean City, NJ.
----------------------------------------------------------------------------------------------------------------
(2) Coast Guard Sector Maryland-National Capital Region--COTP Zone.
Table 1 to Paragraph (h)(2)
----------------------------------------------------------------------------------------------------------------
No. Enforcement period(s) Location Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1.................... Any day(s) from March Washington Channel, The waters of the Washington Channel
1st through December Upper Potomac River, within a 200-foot radius of the
31st. Whenever Washington, DC; Safety fireworks floating platform which
feasible, the COTP will Zone. will be located within an area
publish a Notice of bounded on the south by latitude
Enforcement at least 2 38[deg]52'30'' N, and bounded on the
days in advance of the north by the southern extent of the
event in the Federal Francis Case (I-395) Memorial Bridge,
Register. Each day that located at Washington, DC.
the duration of each
enforcement of the zone
is expected to be 5
hours or less.
[[Page 22920]]
2.................... July 4th................ Severn River and Spa The waters of the Severn River and Spa
Creek, Annapolis, MD; Creek within a 200-yard radius of the
Safety Zone. fireworks barge in approximate
position latitude 38[deg]58'38'' N,
longitude 076[deg]28'41'' W, located
near the entrance to Spa Creek, at
Annapolis, MD.
3.................... December 31st........... Upper Potomac River, The waters of the Upper Potomac River
Washington, DC; Safety within a 200-yard radius of the
Zone. fireworks barge in approximate
position 38[deg]48'14'' N,
077[deg]02'10'' W, located near the
waterfront (King Street) at
Alexandria, VA.
4.................... June 14th, September-- Northwest Harbor (East The waters of the Patapsco River
2nd or 3rd Saturday. Channel), Patapsco within a 200-yard radius of the
River, MD; Safety Zone. fireworks barge in approximate
position latitude 39[deg]15'55.15''
N, longitude 076[deg]34'32.66'' W,
located adjacent to the East Channel
of Northwest Harbor, at Baltimore,
MD.
5.................... May--2nd or 3rd Baltimore Inner Harbor, The waters of the Patapsco River
Thursday, November--2nd Patapsco River, MD; within a 100-yard radius of the
Saturday or Sunday. Safety Zone. fireworks 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, at Baltimore,
MD.
6.................... May--2nd or 3rd Thursday Baltimore Inner Harbor, The waters of the Patapsco River
or Friday, July 4th, Patapsco River, MD, within a 100-yard radius of
December 31st. Safety Zone. approximate 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, at
Baltimore, MD.
7.................... April--1st, 2nd or 3rd Anacostia River, All navigable waters of the Anacostia
Saturday or Sunday. Washington, DC; Safety River within a 400-foot radius of the
Zone. fireworks barge in approximate
position latitude 38[deg]52'16.3'' N,
longitude 077[deg]00'09.7'' W,
located at Washington, DC.
8.................... July 4th or the Friday Patuxent River, Calvert The waters of the Patuxent River
or Saturday before or County, MD; Safety within a 200-yard radius of the
after Independence Day Zone. fireworks barge located at latitude
(observed). 38[deg]19'17'' N, longitude
076[deg]27'45'' W, approximately 700
feet from shore at Solomons Island,
MD.
9.................... July 3rd, or the Friday Chesapeake Bay, The waters of the Chesapeake Bay
after Independence Day Chesapeake Beach, MD, within a 200-yard radius of the
(observed). Safety Zone. fireworks barge in approximate
position latitude 38[deg]41'36.36''
N, longitude 076[deg]31'29.58'' W,
and within a 200-yard radius of the
fireworks barge in approximate
position latitude 38[deg]41'27.84''
N, longitude 076[deg]31'28.50'' W,
located near Chesapeake Beach, MD.
10................... July 4th................ Choptank River, The waters of the Choptank River
Cambridge, MD; Safety within a 300-yard radius of the
Zone. fireworks launch site at Great Marsh
Point, in approximate position
latitude 38[deg]35'05'' N, longitude
076[deg]04'41'' W, located at
Cambridge, MD.
11................... July 4th, or Saturday or Middle River, Baltimore All waters of the Middle River within
Sunday before or after County, MD; Safety a 200-yard radius of the fireworks
Independence Day Zone. barge in approximate position
(observed). latitude 39[deg]18'25'' N, longitude
076[deg]24'27'' W, located near
Wilson Point in Baltimore County, MD.
12................... July 4th, or the Susquehanna River, All waters of the Susquehanna River
Saturday or Sunday Havre de Grace, MD; within a 200-yard radius of the
before or after Safety Zone. fireworks barge in approximate
Independence Day position latitude 39[deg]32'19'' N,
(observed). longitude 076[deg]04'58.3'' W,
located at Havre de Grace, MD.
13................... July 4th or the Saturday Susquehanna River, The waters of the Susquehanna River
or Sunday before or Havre de Grace, MD; within a 300-yard radius of
after Independence Day Safety Zone. approximate position latitude
(observed). 39[deg]32'06'' N, longitude
076[deg]05'22'' W, located on the
island at Millard Tydings Memorial
Park, at Havre de Grace, MD.
14................... July 4th, or the Miles River, St. All navigable waters of the Miles
Saturday before or Michaels, MD; Safety River within a 150-yard radius of the
after Independence Day Zone. fireworks barge in approximate
(observed). position latitude 38[deg]47'55.10''
N, longitude 076[deg]12'43.75'' W,
located at the entrance to Long Haul
Creek.
15................... December 31st........... Spa Creek, Annapolis, The waters of Spa Creek within a 400-
MD; Safety Zone. foot radius of the fireworks barge in
approximate position latitude
38[deg]58'32.48'' N, longitude
076[deg]28'57.55'' W, located at
Annapolis, MD.
16................... July 3rd, or the Friday Tred Avon River, The waters of the Tred Avon River
after Independence Day Oxford, MD; Safety within a 150-yard radius of the
(observed). Zone. fireworks barge in approximate
position latitude 38[deg]41'38.84''
N, longitude 076[deg]10'48.41'' W,
approximately 330 yards northwest of
the waterfront at Oxford, MD.
17................... July 3rd or August 4th.. Northeast River, North All navigable waters of the Northeast
East, MD; Safety Zone. River within a 300-yard radius of the
fireworks barge in approximate
position latitude 39[deg]35'26.3'' N,
longitude 075[deg]57'04.9'' W,
approximately 400 yards southwest of
North East Community Park at North
East, MD.
18................... July--1st, 2nd or 3rd Upper Potomac River, The waters of the Upper Potomac River
Saturday. Washington, DC; Safety within a 300-yard radius of the
Zone. fireworks barge in approximate
position 38[deg]48'38'' N,
077[deg]01'56'' W, located east of
Oronoco Bay Park at Alexandria, VA.
19................... March through October, Anacostia River, The waters of the Anacostia River
at the conclusion of Washington, DC; Safety within a 500-foot radius of the
evening MLB games at Zone. fireworks barge in approximate
Washington Nationals position latitude 38[deg]52'12.71''
Ball Park. N, longitude 077[deg]00'14.08'' W,
located near the Nationals Ball Park
at Washington, DC.
20................... June--last Saturday or Potomac River, Prince The waters of the Potomac River within
July--1st Saturday; William County, VA; a 150-yard radius of the fireworks
July--3rd, 4th or last Safety Zone. barge in approximate position
Saturday, September-- latitude 38[deg]34'07.97'' N,
Saturday before Labor longitude 077[deg]15'37.39'' W,
Day (observed). located near Cherry Hill, VA.
21................... July 4th................ North Atlantic Ocean, The waters of the North Atlantic Ocean
Ocean City, MD; Safety in an area bound by the following
Zone. points: latitude 38[deg]19'39.9'' N,
longitude 075[deg]05'03.2'' W; thence
to latitude 38[deg]19'36.7'' N,
longitude 075[deg]04'53.5'' W; thence
to latitude 38[deg]19'45.6'' N,
longitude 075[deg]04'49.3'' W; thence
to latitude 38[deg]19'49.1'' N,
longitude 075[deg]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 at Ocean City, MD.
22................... May--Sunday before Isle of Wight Bay, The waters of Isle of Wight Bay within
Memorial Day Ocean City, MD; Safety a 150-yard radius of the fireworks
(observed), July 4th, Zone. barge in approximate position
August/September-- latitude 38[deg]22'31'' N, longitude
Sunday before Labor Day 075[deg]04'30'' W, located at Ocean
(observed) or Labor Day City, MD.
(observed).
23................... July 4th................ Assawoman Bay, Fenwick The waters of Assawoman Bay within a
Island--Ocean City, 200-yard radius of the fireworks
MD; Safety Zone. launch location on the pier at the
west end of Northside Park, in
approximate position latitude
38[deg]25'54.72'' N, longitude
075[deg]03'53.11'' W, located at
Ocean City, MD.
[[Page 22921]]
24................... July 4th, December 31st. Baltimore Harbor, The waters of Baltimore Harbor,
Baltimore Inner Patapsco River, within an 800-foot
Harbor, MD; Safety radius of the fireworks barge in
Zone. approximate position latitude
39[deg]16'36.7'' N, longitude
076[deg]35'53.8'' W, located
northwest of the Domino Sugar
refinery wharf at Baltimore, MD.
25................... July 4th, or the Chester River, Kent All navigable waters of Chester River,
Tuesday, Wednesday or Island Narrows, MD, Kent Island Narrows (North Approach),
Thursday before Safety Zone. within 800 feet of the fireworks
Independence Day launch site at Kent Island in
(observed). approximate position latitude
38[deg]58'45.0'' N, longitude
076[deg]14'52.8'' W, located in Queen
Anne's County, MD.
26................... July 3rd, or the Friday, Severn River, Sherwood The waters of the Severn River within
Saturday or Sunday Forest, MD; Safety a 150-yard radius of the fireworks
after Independence Day Zone. discharge site located at the end of
(observed). Sherwood Forest Club main pier in
approximate position latitude
39[deg]01'54.0'' N, longitude
076[deg]32'41.8'' W, located at
Sherwood Forest, MD.
27................... July 4th................ Patapsco River-Middle The waters of the Middle Branch of the
Branch, Baltimore, MD; Patapsco River, within an 800-feet
Safety Zone. radius of the fireworks display in
the in approximate position latitude
39[deg]15'31.67'' N, longitude
076[deg]37'13.95'' W, located at
Baltimore, MD.
----------------------------------------------------------------------------------------------------------------
(3) Coast Guard Sector Virginia--COTP Zone.
Table 1 to Paragraph (h)(3)
----------------------------------------------------------------------------------------------------------------
No. Enforcement period(s) Location Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1.................... July 4th................ Linkhorn Bay, Virginia All waters of the Linkhorn Bay within
Beach, VA, Safety Zone. a 400-yard radius of the fireworks
display in approximate position
latitude 36[deg]52'20'' N, longitude
076[deg]00'38'' W, located near the
Cavalier Golf and Yacht Club,
Virginia Beach, VA.
2.................... July 4th................ York River, Yorktown, All waters of the York River within a
VA, Safety Zone. 400-yard radius of the fireworks
display in approximate position
latitude 37[deg]14'14'' N, longitude
076[deg]30'02'' W, located near
Yorktown, VA.
3.................... June--4th Friday, July-- Chesapeake Bay, All waters of the Chesapeake Bay
1st Friday, July 4th. Norfolk, VA, Safety within a 400-yard radius of the
Zone. fireworks display located in position
latitude 36[deg]57'21'' N, longitude
076[deg]15'00'' W, located near Ocean
View Fishing Pier.
4.................... July 4th................ North Atlantic Ocean, All waters of the North Atlantic Ocean
Virginia Beach, VA, within a 1,000-yard radius of the
Safety Zone A. center located near the shoreline at
approximate position latitude
36[deg]51'12'' N, longitude
075[deg]58'06'' W, located off the
beach between 17th and 31st streets.
5.................... July 4th................ Nansemond River, All waters of the Nansemond River
Suffolk, VA, Safety within a 350-yard radius of
Zone. approximate position latitude
36[deg]44'27'' N, longitude
076[deg]34'42'' W, located near
Constant's Wharf in Suffolk, VA.
6.................... July 4th................ Chickahominy River, All waters of the Chickahominy River
Williamsburg, VA, within a 400-yard radius of the
Safety Zone. fireworks display in approximate
position latitude 37[deg]14'50'' N,
longitude 076[deg]52'17'' W, near
Barrets Point, VA.
7.................... July 4th, August--1st Cape Charles Harbor, All waters of Cape Charles Harbor
Friday, Saturday and Cape Charles, VA, located within a 125 yard-radius of
Sunday, December 31st. Safety Zone. the fireworks display at approximate
position latitude 37[deg]15'46.5'' N,
longitude 076[deg]01'30.3'' W. near
Cape Charles, VA.
8.................... July 4th, 5th or 6th.... Chesapeake Bay, All waters of Chesapeake Bay located
Virginia Beach, VA, within a 200-yard radius of the
Safety Zone. fireworks display at approximate
position latitude 36[deg]54'58.18''
N, longitude 076[deg]06'44.3'' W.
near Virginia Beach, VA.
9.................... July 3rd, 4th or 5th.... Chesapeake Bay, All waters of the Chesapeake Bay 400
Virginia Beach, VA, yard radius of the fireworks display
Safety Zone. in approximate position latitude
36[deg]55'02'' N, longitude
076[deg]03'27'' W, located at the
First Landing State Park at Virginia
Beach, Virginia.
10................... July 4th................ Elizabeth River Eastern All waters of Eastern Branch Elizabeth
Branch, Norfolk, VA; River within the area along the
Safety Zone. shoreline immediately adjacent to
Harbor Park Stadium ball park and
outward into the river bound by a
line drawn from latitude
36[deg]50'30'' N, longitude
076[deg]16'39.9'' W, thence south to
36[deg]50'26.6'' N, longitude
076[deg]16'39'' W, thence northwest
to 36[deg]50'28.8'' N, longitude
076[deg]16'49.1'' W, thence north to
36[deg]50'30.9'' N, longitude
076[deg]16'48.6'' W, thence east
along the shoreline to point of
origin.
11................... April: Last Friday, North Atlantic Ocean, All water of the North Atlantic Ocean
Saturday and Sunday. Virginia Beach, VA, within a 300-yard radius of
Safety Zone. approximate position latitude
36[deg]50'29.91'' N, longitude
075[deg]58'05.36'' W, located off the
beach between 10th and 15th streets.
----------------------------------------------------------------------------------------------------------------
(4) Coast Guard Sector North Carolina--COTP Zone.
Table 1 to Paragraph (h)(4)
----------------------------------------------------------------------------------------------------------------
No. Enforcement period(s) Location Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1.................... July 4th, October--1st Morehead City Harbor The waters of the Morehead City Harbor
Saturday. Channel, NC, Safety Channel that fall within a 360-yard
Zone. radius of latitude 34[deg]43'01'' N,
longitude 076[deg]42'59.6'' W, a
position located at the west end of
Sugar Loaf Island, NC.
2.................... April--1st or 2nd Cape Fear River, The waters of the Cape Fear River
Saturday, July 4th, Wilmington, NC, Safety within an area bound by a line drawn
August--3rd Monday, Zone. from the following points: latitude
October--1st Saturday. 34[deg]13'54'' N, longitude
077[deg]57'06'' W; thence northeast
to latitude 34[deg]13'57'' N,
longitude 077[deg]57'05'' W; thence
north to latitude 34[deg]14'11'' N,
longitude 077[deg]57'07'' W; thence
northwest to latitude 34[deg]14'22''
N, longitude 077[deg]57'19'' W;
thence east to latitude
34[deg]14'22'' N, longitude
077[deg]57'06'' W, thence southeast
to latitude 34[deg]14'07'' N,
longitude 077[deg]57'00'' W; thence
south to latitude 34[deg]13'54'' N,
longitude 077[deg]56'58'' W; thence
to the point of origin, located
approximately 500 yards north of Cape
Fear Memorial Bridge.
[[Page 22922]]
3.................... July 1st Saturday, July Green Creek and Smith The waters of Green Creek and Smith
4th. Creek, Oriental, NC, Creek that fall within a 300-yard
Safety Zone. radius of the fireworks launch site
at approximate latitude
35[deg]01'29.6'' N, longitude
076[deg]42'10.4'' W, located near the
entrance to the Neuse River in the
vicinity of Oriental, NC.
4.................... May--3rd or 4th Pasquotank River, The waters of the Pasquotank River
Saturday: July 4th. Elizabeth City, NC, within a 300-yard radius of the
Safety Zone. fireworks launch barge in approximate
position latitude 36[deg]17'47'' N,
longitude 076[deg]12'17'' W.
5.................... July 4th or 5th......... Currituck Sound, The waters of the Currituck Sound
Corolla, NC, Safety within a 300-yard radius of the
Zone. fireworks launch site in approximate
position latitude 36[deg]22'23.8'' N,
longitude 075[deg]49'56.3'' W,
located near Whale Head Bay.
6.................... July 4th, November--3rd Middle Sound, Figure The waters of the Figure Eight Island
Saturday. Eight Island, NC, Causeway Channel from latitude
Safety Zone. 34[deg]16'32'' N, longitude
077[deg]45'32'' W, thence east along
the marsh to latitude 34[deg]16'19''
N, longitude 077[deg]44'55'' W,
thence south to the causeway at
latitude 34[deg]16'16'' N, longitude
077[deg]44'58'' W, thence west along
the shoreline to latitude
34[deg]16'29'' N, longitude
077[deg]45'34'' W, thence back to the
point of origin.
7.................... June--2nd Saturday, July Pamlico River, The waters of Pamlico River and Tar
4th. Washington, NC, Safety River within a 300-yard radius of the
Zone. fireworks launch site at approximate
position latitude 35[deg]32'25'' N,
longitude 077[deg]03'42'' W, a
position located on the southwest
shore of the Pamlico River,
Washington, NC.
8.................... July 4th................ Neuse River, New Bern, The waters of the Neuse River within a
NC, Safety Zone. 360-yard radius of the fireworks
barge in approximate position
latitude 35[deg]06'07.1'' N,
longitude 077[deg]01'35.8'' W.
9.................... July--1st Saturday or Pamlico Sound, The waters of Pamlico Sound with a 300-
Sunday, July 4th. Ocracoke, NC, Safety yard radius of the National Park
Zone. Service boat launch site at Ocracoke,
NC at position latitude
35[deg]07'07'' N, longitude
075[deg]59'16'' W.
10................... July 4th, November-- Motts Channel, Banks The waters of Motts Channel within a
Saturday following Channel, Wrightsville 500-yard radius of the fireworks
Thanksgiving Day. Beach, NC, Safety Zone. launch site in approximate position
latitude 34[deg]12'29'' N, longitude
077[deg]48'27'' W, approximately 560
yards south of Sea Path Marina,
Wrightsville Beach, NC.
11................... July 4th................ Cape Fear River, The waters of the Cape Fear River
Southport, NC, Safety within a 600-yard radius of the
Zone. fireworks barge in approximate
position latitude 33[deg]54'40'' N,
longitude 078[deg]01'18'' W,
approximately 700 yards south of the
waterfront at Southport, NC.
12................... July 4th................ Big Foot Slough, The waters of Big Foot Slough within a
Ocracoke, NC, Safety 300-yard radius of the fireworks
Zone. launch site in approximate position
latitude 35[deg]06'54'' N, longitude
075[deg]59'24'' W, approximately 100
yards west of the Silver Lake
Entrance Channel at Ocracoke, NC.
13................... August--1st Tuesday..... New River, The waters of the New River within a
Jacksonville, NC, 300-yard radius of the fireworks
Safety Zone. launch site in approximate position
latitude 34[deg]44'45'' N, longitude
077[deg]26'18'' W, approximately one
half mile south of the Hwy 17 Bridge,
Jacksonville, NC.
14................... May--3rd or 4th Bath Creek, Bath, NC, The waters on Bath Creek within a 300-
Saturday, July 4th. Safety Zone. yard radius of approximate position
35[deg]28'05'' N, 076[deg]48'56'' W,
Bath, NC.
15................... July 4th, October--2nd Atlantic Intracoastal The waters of the Atlantic
Saturday. Waterway, Swansboro, Intracoastal Waterway within a 300-
NC, Safety Zone. yard radius of the fireworks launch
position at approximate position
latitude 34[deg]41'02'' N, longitude
077[deg]07'04'' W, located near
Swansboro, NC.
16................... September--4th or last Shallowbag Bay, Manteo, The waters of Shallowbag Bay within a
Saturday. NC; Safety Zone. 300-yard radius of a fireworks barge
anchored at latitude 35[deg]54'31''
N, longitude 075[deg]39'42'' W.
17................... July--3rd or 4th........ Atlantic Intracoastal The waters of the Atlantic
Waterway, Surf City, Intracoastal Waterway within a 300-
NC, Safety Zone. yard radius of approximate position
latitude 34[deg]25'46'' N, longitude
077[deg]33'01'' W, in Surf City, NC.
18................... September--3rd, 4th, or Neuse River, New Bern, The waters within a 300-yard radius of
last Friday or Saturday. NC, Safety Zone.. the fireworks launch location at
approximate position latitude
35[deg]06'23'' N, longitude
077[deg]01'48'' W, on the Neuse
River, New Bern, NC.
----------------------------------------------------------------------------------------------------------------
Dated: April 22, 2021.
Laura M. Dickey
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-08945 Filed 4-29-21; 8:45 am]
BILLING CODE 9110-04-P
