Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District, 57358-57369 [2021-22496]
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Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Rules and Regulations
be assisted in the enforcement of the
zone by other federal, state, or local
agencies. The COTP will issue a general
permission to enter the safety zones if
the training exercise is completed before
5 p.m. on November 5, 2021. In addition
to this notice of enforcement in the
Federal Register, the Coast Guard plans
to provide notification of this
enforcement period via a Local Notice to
Mariners.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0788]
Safety Zone; Coast Guard Exercise
Area, Hood Canal, Washington
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
safety zones surrounding vessels
involved in Coast Guard training
exercises in Hood Canal, WA, from
October 25, 2021, through November 5,
2021. This action is necessary to ensure
the safety of the maritime public and
vessels near training exercises. During
the enforcement period, entry into the
safety zones is prohibited, unless
authorized by the Captain of the Port
Sector Puget Sound or their Designated
Representative.
DATES: The regulations in 33 CFR
165.1339 will be enforced from 8 a.m.
on October 25, 2021, through 5 p.m. on
November 5, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Mr. Rob
Nakama, Sector Puget Sound Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zones
around vessels involved in Coast Guard
training exercises in Hood Canal, WA,
set forth in 33 CFR 165.1339, from 8
a.m. on October 25, 2021, through 5
p.m. on November 5, 2021. Under the
provisions of 33 CFR 165.1339, no
person or vessel may enter or remain
within 500 yards of any vessel involved
in Coast Guard training exercises while
such vessel is transiting Hood Canal,
WA, between Foul Weather Bluff and
the entrance to Dabob Bay, unless
authorized by the Captain of the Port
Sector Puget Sound (COTP) or their
Designated Representative. In addition,
the regulation requires all vessel
operators seeking to enter any of the
zones during the enforcement period to
first obtain permission. You may seek
permission by contacting the on-scene
patrol commander on VHF channel 13
or 16, or the Sector Puget Sound Joint
Harbor Operations Center at 206–217–
6001.
You will be able to identify
participating vessels as those flying the
Coast Guard Ensign. The COTP may also
SUMMARY:
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Dated: October 7, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2021–22492 Filed 10–14–21; 8:45 am]
BILLING CODE 9110–04–P
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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
its safety zones established for recurring
marine events and fireworks displays
that take place within the Fifth Coast
Guard District area of responsibility.
This final rule revises the listing of
events that informs the public of
regularly scheduled fireworks displays
that require additional safety measures
provided by regulations. Through this
final rule, the current list of recurring
marine events requiring safety zones is
updated with revisions, additional
events, and removal of events that no
longer take place in the Fifth Coast
Guard District area of responsibility.
DATES: This rule is effective without
actual notice from October 15, 2021. For
the purposes of enforcement, actual
notice will be used from October 1,
2021, until October 15, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0138 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ethan Coble, Fifth Coast
SUMMARY:
PO 00000
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Guard District Office of Waterways
Management, U.S. Coast Guard;
telephone (757) 398–7745, email
Ethan.J.Coble@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:
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
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). Since then, Marine Events
within the Fifth US Coast Guard District
have been created or changed in a way
that varies from their description in this
regulation. In response, on April 30,
2021, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zones; Recurring Marine
Events and Fireworks Displays Within
the Fifth Coast Guard District, (86 FR
22913). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to recurring marine events and firework
displays. The comment period ended on
June 1, 2021, and we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be impracticable and contrary to
the public interest. Immediate action is
needed to respond to the potential
safety hazards associated with the
remaining 2021 boating season events.
The first of the remaining events is a
fireworks display scheduled to occur
during the Washington Nationals major
league baseball home game on October
1, 2021, hosted at Nationals Park on the
Anacostia River. Hazards associated
with this event include potential
hazardous falling debris and possible
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fire, explosion, projectile, and burn
hazards.
III. Legal Authority and Need for Rule
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.
00170.1, Revision No. 01.2, paragraph
(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. The need for this
rule 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM, published
April, 30 2021. There are no changes in
the regulatory text of this rule from the
NPRM.
A. Administrative Changes
As described in the NPRM,
administrative changes to the regulatory
text will reorganize and consolidate the
text, so as to improve the readability
and reflect revised local policies. The
following is a summary of changes from
the current regulatory text:
• Re-organized to better present
information on defined terms,
applicability of the regulation, when the
regulation will be enforced,
requirements of the regulation, warning
sign information, postponement or
cancellation of an event, COTP contact
information, and the tables of events.
• Changed language from ‘‘Coast
Guard Patrol Commander’’ to ‘‘Event
Patrol Commander’’.
57359
• Consolidated enforcement
regulations into a single paragraph (c).
• Changed language in the paragraph
regarding warning-sign requirements
from ‘‘fireworks launch site’’ to
‘‘floating platform’’.
• Updated applicable contact
information for Coast Guard Sectors.
• Added a paragraph to give
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.
B. Changes to Table to 33 CFR 165.506
This rule adds 14 new safety zones,
revises 29 previously established safety
zones, and removes 24 safety zones.
Currently there is one table of events for
all of 33 CFR 165.506. This table has
been rewritten into separate tables for
each COTP zone. Enforcement date
entries in the table have also be
reformatted. Summarized additions,
revisions and removals from the table
are as follows:
New Safety Zones
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
Maryland-National
Capital Region—
COTP Zone.
Coast Guard Sector
Virginia—COTP
Zone.
VerDate Sep<11>2014
Location
Enforcement
period(s) *
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.
Great Egg Harbor
The waters of the Great Egg Harbor Bay within a 300-yard radius of
Bay, Ocean City, NJ.
the fireworks barge in approximate position latitude 39°17′24″ N,
longitude 074°34′31″ W, adjacent to shoreline of Ocean City, NJ.
Washington Channel,
All navigable waters of the Washington Channel within 200 feet of
Upper Potomac,
the fireworks barge, which will be located within an area bounded
Washington, DC.
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.
Anacostia River,
All navigable waters of the Anacostia River within 400 feet of the
Washington, DC.
fireworks barge in approximate position latitude 38°52′16.3″ N,
longitude 077°00′09.7″ W, located at Washington, DC.
Middle River, BaltiAll navigable waters of the Middle River within 200 yards of the firemore County, MD.
works barge in approximate position latitude 39°18′25″ N, longitude 076°24′27″ W, located in Baltimore County, MD.
Susquehanna River,
All navigable waters of the Susquehanna River within 200 yards of
Havre de Grace,
the fireworks barge in approximate position latitude 39°32′19″ N,
MD.
longitude 076°04′58.3″ W, located at Havre de Grace, MD.
Spa Creek, Annapolis, All navigable waters of Spa Creek within 400 feet of the fireworks
MD.
barge in approximate position latitude 38°58′32.48″ N, longitude
076°28′57.55″ W, located at Annapolis, MD.
Severn River, SherAll navigable waters of the Severn River within 150 yards of the firewood Forest, MD.
works 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.
Patapsco River, MidAll navigable waters of the Middle Branch of the Patapsco River,
dle Branch, Baltiwithin 800 feet of a fireworks barge in approximate position latimore, MD.
tude 39°15′31.67″ N, longitude 076°37′13.95″ W, located at Baltimore, MD.
Elizabeth River, Town
All waters of Elizabeth River within a 600-foot radius of the fireworks
Point Reach, Nordisplay at approximate position latitude 36°50′40.99″ N, longitude
folk, VA.
076°17′45.48″ W near Town Point Park, VA.
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One period, four days.
One period, one day.
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.
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Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Rules and Regulations
TABLE 1—NEW SAFETY ZONES TO BE ADDED TO 33 CFR 165.506—Continued
USCG sector
Coast Guard Sector
North Carolina—
COTP Zone.
Enforcement
period(s) *
Location
Regulated area
North Atlantic Ocean,
Virginia Beach, 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.
Bath Creek, Bath, NC
Atlantic Intracoastal
Waterway, Surf City,
NC.
Neuse River, New
Bern, NC.
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.
One period, three
days.
One period, two days.
One period, one day.
One period, one day.
Revised Safety Zones
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.
Metedeconk River, Brick
Township, NJ.
Delaware, River, Chester, PA
Delaware River, Essington,
PA.
dates .....................................
Event no longer occurs in September.
dates .....................................
(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.
dates and coordinates ..........
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 increased from a 150-yard radius to 600foot radius without negative impact to public safety.
Safety zone size decreased from a 200-yard radius to 150yard radius 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 200yard radius without negative impact to public safety.
(a.) 9 ......................
(a.) 14 ....................
(a.) 15 ....................
(b.) 4 ......................
(b.) 19 ....................
(b.) 21 ....................
(b.) 22 ....................
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dates .....................................
dates and coordinates ..........
dates and coordinates ..........
coordinates ............................
dates and coordinates ..........
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Reason for change
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57361
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
(b.) 23 ....................
Baltimore Harbor, MD ...........
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 .....................................
Safety zone size decreased from a 280-yard radius to 800foot radius 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-foot 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 ............................
(d.) 14 ....................
Shallowbag Bay, Manteo, 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.
The safety zone was increased from a 200-yard radius to
a 300-yard radius to account for larger fireworks display.
(d.) 2 ......................
(d.) 3 ......................
(d.) 4 ......................
dates and coordinates ..........
Safety Zones To Be Removed
TABLE 3—SAFETY ZONES 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 .....................................
Removing safety zone and deferring to existing navigation
rules does not negatively impact public safety.
Removing safety zone and deferring to existing navigation
rules does not negatively impact public safety.
Removing safety zone and deferring to existing navigation
rules does not negatively impact public safety.
Removing safety zone and deferring to existing navigation
rules does not negatively impact public safety.
Removing safety zone and deferring to existing navigation
rules does not negatively impact public safety.
Removing safety zone and deferring to existing navigation
rules does not negatively impact public safety.
Removing safety zone and deferring to existing navigation
rules does not negatively impact public safety.
Event no longer held at this location.
(a.) (8) ...................
(a.) 10 ....................
(a.) 11 ....................
(a.) 17 ....................
(b.) 1 ......................
(b.) 7 ......................
(b.) 11 ....................
(b.) 12 ....................
(c.) 2 ......................
(c.) 4 ......................
VerDate Sep<11>2014
North Atlantic Ocean, Rehoboth Beach, DE.
July 2nd, 3rd, 4th, or 5th Au- Great Egg Harbor Inlet,
gust—3rd Sunday.
Margate City, NJ.
July 2nd, 3rd, 4th, or 5th ...... North Atlantic Ocean, Atlantic
City, NJ.
July 2nd, 3rd, 4th or 5th OcNorth Atlantic Ocean, Ocean
tober—1st or 2nd Saturday.
City, NJ.
July 2nd, 3rd, 4th, or 5th ...... North Atlantic Ocean, Sea
Isle, NJ.
April—1st, 2nd, or 3rd Satur- Washington Channel, Potoday.
mac River, Washington,
DC.
July 4th; December 31st ....... Northwest Harbor Patapsco
River, MD.
July—2nd or 3rd or last SatPotomac River, Fairview
urday.
Beach, Charles County,
MD.
July—day before IndependPotomac River, National Harence Day holiday and July
bor, MD.
4th; November—3rd Thursday, 3rd Saturday and last
Friday; December—1st,
2nd and 3rd Friday.
September—last Friday or
York Rivers, West Point, VA
October—1st Friday.
July 4th, July 5th, July 6th, or James River, Newport News,
July 7th.
VA.
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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.
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TABLE 3—SAFETY ZONES TO BE REMOVED FROM THE TABLE TO 33 CFR 165.506—Continued
Current table to
§ 165.506 entry
Date(s)
Location
(c.) 7 ......................
July 4th; December 31st;
January 1st.
July—3rd Saturday ...............
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
(c.) 8 ......................
(c.) 10 ....................
September—last Saturday or
October—1st Saturday.
(c.) 11 ....................
Friday, Saturday and Sunday
Labor Day Weekend.
(c.) 14 ....................
July—3rd, 4th, and 5th .........
(c.) 15 ....................
(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 ...............
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule 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
will 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
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Reason for removal
Removing safety zone and
rules does not negatively
Removing safety zone and
rules does not negatively
Removing safety zone and
rules does not negatively
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.
newspapers, radio and TV stations. The
Coast Guard anticipates that these safety
zones will only be enforced for limited
durations, less than 24 hours, occurring
on specific dates throughout the 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 received zero
comments from the Small Business
Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit through a
safety zone may be small entities, for the
reasons stated in section IV.A above,
this 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
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deferring to existing navigation
impact public safety.
deferring to existing navigation
impact public safety.
deferring to existing navigation
impact public safety.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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 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 rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this 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
determined 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 rule involves
implementation of regulations within 33
CFR part 165 that apply to recurring
safety zones are for fireworks displays
that take place either on or over the
navigable waters of the United States.
Some events by their nature may
introduce potential for adverse impact
on the safety or other interest of
waterway users or waterfront
infrastructure within or close proximity
to the event area. It is categorically
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16:06 Oct 14, 2021
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excluded from further review under
paragraph L[60] of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 1.2.
■
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
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57363
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
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‘‘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
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.
(h) Tables to § 165.506(h). 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
1 ............................
July 2nd, 3rd, 4th or 5th .......
North Atlantic Ocean, Avalon,
NJ; Safety Zone.
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 ..........................
11 ..........................
VerDate Sep<11>2014
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.
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Safety zone—regulated area
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
Township, NJ; Safety Zone.
the fireworks barge in approximate 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
May, NJ; Safety Zone.
radius of the fireworks barge in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W, immediately
adjacent to the shoreline at Cape May, NJ.
Delaware Bay, North Cape
All waters of the Delaware Bay within a 360-yard radius of
May, NJ; Safety Zone.
the fireworks barge in approximate position latitude
38°58′00″ N, longitude 074°58′30″ W.
Metedeconk River, Brick
The waters of the Metedeconk River within a 300-yard raTownship, NJ; Safety Zone.
dius of the fireworks launch platform in approximate position latitude 40°03′24″ N, longitude 074°06′42″ W, near
the shoreline at Brick Township, NJ.
Barnegat Bay, Ocean TownAll waters of Barnegat Bay within a 500-yard radius of the
ship, NJ; Safety Zone.
fireworks barge in approximate 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
land, NJ; Safety Zone.
the fireworks barge in approximate 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
Safety Zone.
south of the Commodore Barry 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.
Delaware River, Philadelphia,
PA; Safety Zone.
Rehoboth Bay, DE; Safety
Zone.
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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.
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.
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57365
TABLE 1 TO PARAGRAPH (h)(1)—Continued
No.
Enforcement period(s)
Location
Safety zone—regulated area
12 ..........................
July 2nd, 3rd, 4th or 5th .......
Delaware Bay, Lewes, DE;
Safety Zone.
13 ..........................
One Saturday in July ............
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
TABLE 2 TO PARAGRAPH (h)(2)
No.
Enforcement period(s)
1 ............................
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.
2 ............................
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.
July 4th ..................................
Severn River and Spa Creek,
Annapolis, MD; Safety
Zone.
3 ............................
December 31st ......................
Upper Potomac River, Washington, DC; Safety Zone.
4 ............................
June 14th; September—2nd
or 3rd Saturday.
Northwest Harbor (East
Channel), Patapsco River,
MD; Safety Zone.
5 ............................
May—2nd or 3rd Thursday;
November—2nd Saturday
or Sunday.
Baltimore Inner Harbor, Patapsco River, MD; Safety
Zone.
6 ............................
May—2nd or 3rd Thursday or
Friday; July 4th; December
31st.
Baltimore Inner Harbor, Patapsco River, MD, Safety
Zone.
7 ............................
April—1st, 2nd or 3rd Saturday or Sunday.
Anacostia River, Washington,
DC; Safety Zone.
8 ............................
July 4th or the Friday or Saturday before or after Independence Day (observed).
Patuxent River, Calvert
County, MD; Safety Zone.
9 ............................
July 3rd, or the Friday after
Independence Day (observed).
Chesapeake Bay, Chesapeake Beach, MD, Safety
Zone.
10 ..........................
July 4th ..................................
Choptank River, Cambridge,
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 400foot 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.
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Safety zone—regulated area
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TABLE 2 TO PARAGRAPH (h)(2)—Continued
No.
Enforcement period(s)
11 ..........................
July 4th, or Saturday or Sunday before or after Independence Day (observed).
Middle River, Baltimore
County, MD; Safety Zone.
12 ..........................
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).
Susquehanna River, Havre
de Grace, MD; Safety
Zone.
15 ..........................
December 31st ......................
Spa Creek, Annapolis, MD;
Safety Zone.
16 ..........................
July 3rd, or the Friday after
Independence Day (observed).
Tred Avon River, Oxford,
MD; Safety Zone.
17 ..........................
July 3rd or August 4th ..........
Northeast River, North East,
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.
Isle of Wight Bay, Ocean
City, MD; Safety Zone.
23 ..........................
May—Sunday before Memorial Day (observed) July
4th August/September—
Sunday before Labor Day
(observed) or Labor Day
(observed).
July 4th ..................................
24 ..........................
July 4th; December 31st .......
Baltimore Harbor, Baltimore
Inner Harbor, MD; Safety
Zone.
13 ..........................
14 ..........................
20 ..........................
21 ..........................
22 ..........................
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Location
Safety zone—regulated area
Susquehanna River, Havre
de Grace, MD; Safety
Zone.
Miles River, St. Michaels,
MD; Safety Zone.
Potomac River, Prince William County, VA; Safety
Zone.
North Atlantic Ocean, Ocean
City, MD; Safety Zone.
Assawoman Bay, Fenwick Island—Ocean City, MD;
Safety Zone.
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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.
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.
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 300yard 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 600-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.
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.
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.
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.
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.
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TABLE 2 TO PARAGRAPH (h)(2)—Continued
No.
Enforcement period(s)
Location
Safety zone—regulated area
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.
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.
25 ..........................
July 4th, or the Tuesday,
Wednesday or Thursday
before Independence Day
(observed).
Chester River, Kent Island
Narrows, MD, Safety Zone.
26 ..........................
July 3rd, or the Friday, Saturday or Sunday after Independence Day (observed).
Severn River, Sherwood Forest, MD; Safety Zone.
27 ..........................
July 4th ..................................
Patapsco River-Middle
Branch, Baltimore, MD;
Safety Zone.
(3) Coast Guard Sector Virginia—COTP
Zone
TABLE 3 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 ..................................
North Atlantic Ocean, Virginia
Beach, VA, Safety Zone A.
5 ............................
July 4th ..................................
Nansemond River, Suffolk,
VA, Safety Zone.
6 ............................
July 4th ..................................
Chickahominy River, Williamsburg, VA, Safety
Zone.
7 ............................
July 4th; August—1st Friday,
Saturday and Sunday; December 31st.
Cape Charles Harbor, Cape
Charles, VA, Safety Zone.
8 ............................
July 4th, 5th or 6th ................
Chesapeake Bay, Virginia
Beach, VA, Safety Zone.
9 ............................
July 3rd, 4th or 5th ................
Chesapeake Bay, Virginia
Beach, VA, Safety Zone.
10 ..........................
July 4th ..................................
Elizabeth River Eastern
Branch, Norfolk, 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.
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TABLE 3 TO PARAGRAPH (h)(3)—Continued
No.
Enforcement period(s)
11 ..........................
April: Last Friday, Saturday
and Sunday.
Location
Safety zone—regulated area
North Atlantic Ocean, Virginia
Beach, VA, Safety Zone.
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
TABLE 4 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.
3 ............................
July 1st Saturday; July 4th ...
Green Creek and Smith
Creek, Oriental, NC, Safety
Zone.
4 ............................
May—3rd or 4th Saturday;
July 4th.
Pasquotank River, Elizabeth
City, NC, Safety Zone.
5 ............................
July 4th or 5th .......................
Currituck Sound, Corolla,
NC, Safety Zone.
6 ............................
July 4th; November—3rd
Saturday.
Middle Sound, Figure Eight
Island, NC, Safety Zone.
7 ............................
June—2nd Saturday; July 4th
Pamlico River, Washington,
NC, Safety Zone.
8 ............................
July 4th ..................................
Neuse River, New Bern, NC,
Safety Zone.
9 ............................
July—1st Saturday or Sunday; July 4th.
Pamlico Sound, Ocracoke,
NC, Safety Zone.
10 ..........................
July 4th; November—Saturday following Thanksgiving
Day.
Motts Channel, Banks Channel, Wrightsville Beach,
NC, Safety Zone.
11 ..........................
July 4th ..................................
Cape Fear River, Southport,
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.
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 300yard 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.
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57369
TABLE 4 TO PARAGRAPH (h)(4)—Continued
No.
Enforcement period(s)
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.
Bath Creek, Bath, NC, Safety
Zone.
15 ..........................
July 4th; October—2nd Saturday.
Atlantic Intracoastal Waterway, Swansboro, NC,
Safety Zone.
16 ..........................
September—4th or last Saturday.
Shallowbag Bay, Manteo,
NC; Safety Zone.
17 ..........................
July—3rd or 4th ....................
18 ..........................
September—3rd, 4th, or last
Friday or Saturday.
Atlantic Intracoastal Waterway, Surf City, NC, Safety
Zone.
Neuse River, New Bern, NC,
Safety Zone.
Dated: October 1, 2021.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2021–22496 Filed 10–14–21; 8:45 am]
BILLING CODE 9110–04–P
Susan Mort, Wireless
Telecommunications Bureau, at
Susan.Mort@fcc.gov or 202–418–2429.
Implementation of the Commission’s
Incremental Reduction Plan for Phase
I Accelerated Relocation Payments
Federal Communications
Commission.
ACTION: Final action.
AGENCY:
In this document, the
Wireless Telecommunications Bureau
(WTB or Bureau) announces its
implementation of the Commission’s
incremental reduction plan for Phase I
Accelerated Relocation Payments (ARP)
relating to the ongoing transition of the
3.7 GHz band. On August 4, 2021, as
directed by the Commission in the
Expanding Flexible Use of the 3.7 to 4.2
GHz Band, Report and Order and
Proposed Modification (3.7 GHz Report
and Order), WTB issued a Public Notice
(PN) to seek comment on its proposed
approach for calculating an incremental
reduction for an eligible space station
Jkt 256001
operator’s ARP due to its failure to meet
the Phase I Accelerated Relocation
Deadline. After reviewing the record,
the Bureau adopts the proposals
outlined in the Phase I Incremental
Reduction Comment PN with some
clarifications.
FOR FURTHER INFORMATION CONTACT:
[GN Docket Nos. 18–122, 21–320; DA 21–
1223; FR ID 52434]
16:06 Oct 14, 2021
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.
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.
Phase I Accelerated Relocation
Certifications are due December 5, 2021.
47 CFR Part 27
VerDate Sep<11>2014
Safety zone—regulated area
DATES:
FEDERAL COMMUNICATIONS
COMMISSION
SUMMARY:
Location
This is a
summary of the Commission’s
document, Public Notice, in GN Docket
Nos. 18–122, 21–320; DA 21–1223,
released on September 29, 2021. The
complete text of this document is
available on the Commission’s website
at https://www.fcc.gov/document/wtbannounces-phase-i-c-band-incrementalreduction-plan.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
This document does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
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Congressional Review Act
The Commission will not send a copy
of this document to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A), because
the adopted action is an action of
particular applicability.
Synopsis
With this document, the Wireless
Telecommunications Bureau (WTB or
Bureau) announces its implementation
of the Commission’s incremental
reduction plan for Phase I Accelerated
Relocation Payments (ARP) relating to
the ongoing transition of the 3.7 GHz
band. On August 4, 2021 (86 FR 44329,
August 12, 2021), as directed by the
Commission in the 3.7 GHz Report and
Order (85 FR 22804, April 23, 2020),
WTB issued a Public Notice to seek
comment on its proposed approach for
calculating an incremental reduction for
an eligible space station operator’s ARP
due to its failure to meet the Phase I
Accelerated Relocation Deadline. The
Bureau received six comments. After
reviewing this record, we adopt the
proposals outlined in the Phase I
Incremental Reduction Comment PN (86
FR 44329, August 12, 2021), with
certain clarifications described below.
In the 3.7 GHz Report and Order, the
Commission adopted rules to make 280
megahertz of mid-band spectrum
available for flexible use (plus a 20
megahertz guard band) throughout the
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]]>Agencies
[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Rules and Regulations]
[Pages 57358-57369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22496]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending its safety zones established for
recurring marine events and fireworks displays that take place within
the Fifth Coast Guard District area of responsibility. This final rule
revises the listing of events that informs the public of regularly
scheduled fireworks displays that require additional safety measures
provided by regulations. Through this final rule, the current list of
recurring marine events requiring safety zones is updated with
revisions, additional events, and removal of events that no longer take
place in the Fifth Coast Guard District area of responsibility.
DATES: This rule is effective without actual notice from October 15,
2021. For the purposes of enforcement, actual notice will be used from
October 1, 2021, until October 15, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0138 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ethan Coble, Fifth Coast Guard District Office of
Waterways Management, U.S. Coast Guard; telephone (757) 398-7745, 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 Information and Regulatory History
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). Since
then, Marine Events within the Fifth US Coast Guard District have been
created or changed in a way that varies from their description in this
regulation. In response, on April 30, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zones; Recurring
Marine Events and Fireworks Displays Within the Fifth Coast Guard
District, (86 FR 22913). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to recurring
marine events and firework displays. The comment period ended on June
1, 2021, and we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be impracticable and contrary to the public interest. Immediate action
is needed to respond to the potential safety hazards associated with
the remaining 2021 boating season events. The first of the remaining
events is a fireworks display scheduled to occur during the Washington
Nationals major league baseball home game on October 1, 2021, hosted at
Nationals Park on the Anacostia River. Hazards associated with this
event include potential hazardous falling debris and possible
[[Page 57359]]
fire, explosion, projectile, and burn hazards.
III. Legal Authority and Need for Rule
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. 00170.1, Revision No.
01.2, paragraph (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. The need for this rule 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM, published
April, 30 2021. There are no changes in the regulatory text of this
rule from the NPRM.
A. Administrative Changes
As described in the NPRM, administrative changes to the regulatory
text will reorganize and consolidate the text, so as to improve the
readability and reflect revised local policies. The following is a
summary of changes from the current regulatory text:
Re-organized to better present information on defined
terms, applicability of the regulation, when the regulation will be
enforced, requirements of the regulation, warning sign information,
postponement or cancellation of an event, COTP contact information, and
the tables of events.
Changed language from ``Coast Guard Patrol Commander'' to
``Event Patrol Commander''.
Consolidated enforcement regulations into a single
paragraph (c).
Changed language in the paragraph regarding warning-sign
requirements from ``fireworks launch site'' to ``floating platform''.
Updated applicable contact information for Coast Guard
Sectors.
Added a paragraph to give 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.
B. Changes to Table to 33 CFR 165.506
This rule adds 14 new safety zones, revises 29 previously
established safety zones, and removes 24 safety zones. Currently there
is one table of events for all of 33 CFR 165.506. This table has been
rewritten into separate tables for each COTP zone. Enforcement date
entries in the table have also be reformatted. Summarized additions,
revisions and removals from the table are as follows:
New Safety Zones
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 Bay-- Delaware Bay, Lewes, All waters of Delaware Bay off One period, four
COTP Zone. DE. Lewes, DE, within 350 yards of days.
the barge anchored in approximate
position 38[deg]47'12'' N,
075[deg]07'48'' W.
Great Egg Harbor The waters of the Great Egg Harbor One period, one
Bay, Ocean City, NJ. Bay within a 300-yard radius of day.
the fireworks 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 Channel, All navigable waters of the Multiple periods
National Capital Region--COTP Upper Potomac, Washington Channel within 200 March through
Zone. Washington, DC. feet of the fireworks barge, December each
which will be located within an year.
area bounded on the south by
latitude 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 One period, one
Washington, DC. Anacostia River within 400 feet day.
of the fireworks 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 One period, one
Baltimore County, River within 200 yards of the day.
MD. fireworks barge in approximate
position latitude 39[deg]18'25''
N, longitude 076[deg]24'27'' W,
located in Baltimore County, MD.
Susquehanna River, All navigable waters of the One period, one
Havre de Grace, MD. Susquehanna River within 200 day.
yards of the fireworks 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 One period, one
Annapolis, MD. within 400 feet of the fireworks day.
barge in 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 One period, one
Sherwood Forest, MD. River within 150 yards of the day.
fireworks 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 One period, one
Middle Branch, Branch of the Patapsco River, day.
Baltimore, MD. within 800 feet of a fireworks
barge 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--COTP Elizabeth River, All waters of Elizabeth River One period, one
Zone. Town Point Reach, within a 600-foot radius of the day.
Norfolk, VA. fireworks display at approximate
position latitude
36[deg]50'40.99'' N, longitude
076[deg]17'45.48'' W near Town
Point Park, VA.
[[Page 57360]]
North Atlantic All waters of the North Atlantic One period, three
Ocean, Virginia Ocean within a 300-yard radius of days.
Beach, VA. the center 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, NC All waters on Bath Creek within a One period, two
Carolina--COTP Zone. 300-yard radius of approximate days.
position 35[deg]28'05'' N,
076[deg]48'56'' W, Bath, NC.
Atlantic All waters of the Atlantic One period, one
Intracoastal Intracoastal Waterway within a day.
Waterway, Surf 300-yard radius of approximate
City, NC. position latitude
34[deg]25'46''N, longitude
077[deg]33'01''W, in Surf City,
NC.
Neuse River, New All waters within a 300-yard One period, one
Bern, NC. radius of the fireworks launch day.
location at approximate position
latitude 35[deg]06'23''N,
longitude 077[deg]01'48''W, on
the Neuse River, New Bern, NC.
----------------------------------------------------------------------------------------------------------------
Revised Safety Zones
Table 2--Changes to Existing Events in 33 CFR 165.506
----------------------------------------------------------------------------------------------------------------
Current table to Sec. 165.506 Revision (date and/or
entry Location coordinates) Reason for change
----------------------------------------------------------------------------------------------------------------
(a.) 5.......................... Barnegat Bay, Barnegat dates.................. Event no longer occurs in
Township, NJ. September.
(a.) 9.......................... Metedeconk River, Brick dates.................. Event now takes place in
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 Harbor, dates.................. April, July, and December
MD. occurrences no longer
occur; added new occurrence
in November.
(b.) 8.......................... Patuxent River, Calvert dates and coordinates.. The location of the safety
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, North dates and coordinates.. Safety zone size decreased
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 increased
Washington, DC. from a 150-yard radius to
600-foot radius 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-yard radius 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, Fenwick dates and coordinates.. Safety zone size decreased
Island, MD. from a 360-yard radius to
200-yard radius without
negative impact to public
safety.
[[Page 57361]]
(b.) 23......................... Baltimore Harbor, MD... coordinates............ Safety zone size decreased
from a 280-yard radius to
800-foot radius without
negative impact to public
safety.
April Occurrence removed.
(b.) 24......................... Chester River, Kent dates and coordinates.. Safety zone moved to a more
Island Narrows, MD. open shoreside location and
reduced from a 300-yard
radius to 800-foot 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 Bern, coordinates............ Language ``located 420 yards
NC. 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.
(d.) 14......................... Shallowbag Bay, Manteo, coordinates............ The safety zone was
NC. increased from a 200-yard
radius to a 300-yard radius
to account for larger
fireworks display.
----------------------------------------------------------------------------------------------------------------
Safety Zones To Be Removed
Table 3--Safety Zones 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 existing
navigation rules does not
negatively impact public
safety.
(a.) (2)........................ Labor Day.............. Indian River Bay, DE... Removing safety zone and
deferring to existing
navigation rules does not
negatively impact public
safety.
(a.) (3)........................ July 2................. North Atlantic Ocean, Removing safety zone and
Rehoboth Beach, DE. deferring to existing
navigation rules 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 existing
navigation rules 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 existing
navigation rules does not
negatively impact public
safety.
(a.) 11......................... July 2nd, 3rd, 4th or North Atlantic Ocean, Removing safety zone and
5th October--1st or Ocean City, NJ. deferring to existing
2nd Saturday. navigation rules 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 existing
navigation rules 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 Potomac River, Fairview Event no longer held at this
last 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 Event no longer held at this
or October--1st Friday. Point, VA. location.
(c.) 4.......................... July 4th, July 5th, James River, Newport Event no longer held at this
July 6th, or July 7th. News, VA. location.
[[Page 57362]]
(c.) 7.......................... July 4th; December Elizabeth River Removing safety zone and
31st; January 1st. Southern Branch, deferring to existing
Norfolk, VA. navigation rules does not
negatively impact public
safety.
(c.) 8.......................... July--3rd Saturday..... John H. Kerr Reservoir, Removing safety zone and
Clarksville, VA. deferring to existing
navigation rules does not
negatively impact public
safety.
(c.) 10......................... September--last North Atlantic Ocean Removing safety zone and
Saturday or October-- Safety Zone B, deferring to existing
1st Saturday. Virginia Beach, VA. navigation rules 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, location.
Weekend. Virginia 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, Event no longer held at this
Smithfield, 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.
----------------------------------------------------------------------------------------------------------------
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule 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 will 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 safety zones will only be enforced for limited durations, less
than 24 hours, occurring on specific dates throughout the 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 received zero comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit
through a safety zone may be small entities, for the reasons stated in
section IV.A above, this 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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 57363]]
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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 rule involves
implementation of regulations within 33 CFR part 165 that apply to
recurring safety zones are for fireworks displays that take place
either on or over the navigable waters of the United States. Some
events by their nature may introduce potential for adverse impact on
the safety or other interest of waterway users or waterfront
infrastructure within or close proximity to the event area. It 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
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 1.2.
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
[[Page 57364]]
``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
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(h). 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
5th. Avalon, NJ; Safety Atlantic Ocean within a 500-
Zone. yard radius of the
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
in June or July. Township, NJ; Safety within a 500-yard radius of
Zone. the fireworks barge in
approximate position
latitude 39[deg]44'50'' N,
longitude 074[deg]11'21''
W, approximately 500 yards
north of Conklin Island,
NJ.
3............................... July 2nd, 3rd, 4th or North Atlantic Ocean, The waters of the North
5th. Cape May, NJ; Safety Atlantic Ocean within a 500-
Zone. yard radius of the
fireworks barge in
approximate location
latitude 38[deg]55'36'' N,
longitude 074[deg]55'26''
W, immediately adjacent to
the shoreline at Cape May,
NJ.
4............................... July 2nd, 3rd, 4th or Delaware Bay, North All waters of the Delaware
5th. Cape May, NJ; Safety Bay within a 360-yard
Zone. radius of the fireworks
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
Township, NJ; Safety River within a 300-yard
Zone. radius of the fireworks
launch platform in
approximate position
latitude 40[deg]03'24'' N,
longitude 074[deg]06'42''
W, near the shoreline at
Brick Township, NJ.
6............................... 4th Saturday in May.... Barnegat Bay, Ocean All waters of Barnegat Bay
Township, NJ; Safety within a 500-yard radius of
Zone. the fireworks 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
5th. Parker Island, NJ; Harbor within a 500-yard
Safety Zone. radius of the fireworks
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
1st through December Chester, PA; Safety River near Chester, PA,
31st specified by Zone. just south of the Commodore
Notice of Enforcement Barry Bridge within a 500-
published in the yard radius of the
Federal Register and fireworks barge located in
broadcast via approximate position
Broadcast Notice to latitude 39[deg]49'43.2''
Mariners. N, longitude
075[deg]22'42'' W.
9............................... One Saturday or Sunday Delaware River, All waters of the Delaware
in either June or July. Essington, PA; Safety River near Essington, PA,
Zone. west of Little Tinicum
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 Delaware River, All waters of Delaware
1st through December Philadelphia, PA; River, adjacent to Penn's
31st specified by Safety Zone. Landing, Philadelphia, PA,
Notice of Enforcement within a 500-yard radius of
published in the a fireworks barge at
Federal Register and approximate position
broadcast via latitude 39[deg]56'49'' N,
Broadcast Notice to longitude 075[deg]08'11''
Mariners. W.
11.............................. One Friday, Saturday or Rehoboth Bay, DE; All waters within a 500-yard
Sunday in May; and Safety Zone. radius of a fireworks barge
July 2nd, 3rd, 4th or located at position
5th; and December 31st. latitude 38[deg]41'21'' N,
longitude 075[deg]05'00'' W
at Rehoboth Bay near Dewey
Beach, DE.
[[Page 57365]]
12.............................. July 2nd, 3rd, 4th or Delaware Bay, Lewes, All waters of Delaware Bay
5th. DE; Safety Zone. off Lewes, 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
Ocean City, NJ; Safety Harbor Bay within a 300-
Zone. yard radius of the
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 2 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
1st through December Upper Potomac River, Channel within a 200-foot
31st. Whenever Washington, DC; Safety radius of the fireworks
feasible, the COTP Zone. floating platform which
will publish a Notice will be located within an
of Enforcement at area bounded on the south
least 2 days in by latitude 38[deg]52'30''
advance of the event N, and bounded on the north
in the Federal by the southern extent of
Register. Each day the Francis Case (I-395)
that the duration of Memorial Bridge, located at
each enforcement of Washington, DC.
the zone is expected
to be 5 hours or less.
2............................... July 4th............... Severn River and Spa The waters of the Severn
Creek, Annapolis, MD; River and Spa Creek within
Safety Zone. a 200-yard radius of the
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
Washington, DC; Safety Potomac River within a 200-
Zone. yard radius of the
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
2nd or 3rd Saturday. Channel), Patapsco River within a 200-yard
River, MD; Safety Zone. radius of the 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
Thursday; November-- Patapsco River, MD; River within a 100-yard
2nd Saturday or Sunday. Safety Zone. radius of the 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 Baltimore Inner Harbor, The waters of the Patapsco
Thursday or Friday; Patapsco River, MD, River within a 100-yard
July 4th; December Safety Zone. radius of approximate
31st. 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
Saturday or Sunday. Washington, DC; Safety Anacostia River within a
Zone. 400-foot radius of the
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
or Saturday before or County, MD; Safety River within a 200-yard
after Independence Day Zone. radius of the fireworks
(observed). barge located at latitude
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
after Independence Day Chesapeake Beach, MD, Bay within a 200-yard
(observed). Safety Zone. radius of the 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
Cambridge, MD; Safety River within a 300-yard
Zone. radius of the 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.
[[Page 57366]]
11.............................. July 4th, or Saturday Middle River, Baltimore All waters of the Middle
or Sunday before or County, MD; Safety River within a 200-yard
after Independence Day Zone. radius of the fireworks
(observed). barge in approximate
position 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
Saturday or Sunday Havre de Grace, MD; Susquehanna River within a
before or after Safety Zone. 200-yard radius of the
Independence Day fireworks barge in
(observed). approximate position
latitude 39[deg]32'19'' N,
longitude 076[deg]04'58.3''
W, located at Havre de
Grace, MD.
13.............................. July 4th or the Susquehanna River, The waters of the
Saturday or Sunday Havre de Grace, MD; Susquehanna River within a
before or after Safety Zone. 300-yard radius of
Independence Day approximate position
(observed). latitude 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
Saturday before or Michaels, MD; Safety Miles River within a 150-
after Independence Day Zone. yard radius of the
(observed). fireworks barge in
approximate 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
MD; Safety Zone. within a 400-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
after Independence Day Oxford, MD; Safety River within a 150-yard
(observed). Zone. radius of the 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
East, MD; Safety Zone. Northeast 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
Saturday. Washington, DC; Safety Potomac River within a 300-
Zone. yard radius of the
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
at the conclusion of Washington, DC; Safety River within a 600-foot
evening MLB games at Zone. radius of the fireworks
Washington Nationals barge in approximate
Ball Park. position latitude
38[deg]52'12.71'' 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
July--1st Saturday; William County, VA; River within a 150-yard
July--3rd, 4th or last Safety Zone. radius of the fireworks
Saturday September-- barge in approximate
Saturday before Labor position latitude
Day (observed). 38[deg]34'07.97'' N,
longitude
077[deg]15'37.39'' W,
located near Cherry Hill,
VA.
21.............................. July 4th............... North Atlantic Ocean, The waters of the North
Ocean City, MD; Safety Atlantic Ocean in an area
Zone. bound by the following
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
Memorial Day Ocean City, MD; Safety Bay within a 150-yard
(observed) July 4th Zone. radius of the fireworks
August/September-- barge in approximate
Sunday before Labor position latitude
Day (observed) or 38[deg]22'31'' N, longitude
Labor Day (observed). 075[deg]04'30'' W, located
at Ocean City, MD.
23.............................. July 4th............... Assawoman Bay, Fenwick The waters of Assawoman Bay
Island--Ocean City, within a 200-yard radius of
MD; Safety Zone. the fireworks 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.
24.............................. July 4th; December 31st Baltimore Harbor, The waters of Baltimore
Baltimore Inner Harbor, Patapsco River,
Harbor, MD; Safety within an 800-foot radius
Zone. of the fireworks barge in
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.
[[Page 57367]]
25.............................. July 4th, or the Chester River, Kent All navigable waters of
Tuesday, Wednesday or Island Narrows, MD, Chester River, Kent Island
Thursday before Safety Zone. Narrows (North Approach),
Independence Day within 800 feet of the
(observed). fireworks launch site at
Kent Island in 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 Severn River, Sherwood The waters of the Severn
Friday, Saturday or Forest, MD; Safety River within a 150-yard
Sunday after Zone. radius of the fireworks
Independence Day discharge site located at
(observed). 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.
27.............................. July 4th............... Patapsco River-Middle The waters of the Middle
Branch, Baltimore, MD; Branch of the Patapsco
Safety Zone. River, within an 800-feet
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 3 to Paragraph (h)(3)
----------------------------------------------------------------------------------------------------------------
No. Enforcement period(s) Location Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1............................... July 4th............... Linkhorn Bay, Virginia All waters of the Linkhorn
Beach, VA, Safety Zone. Bay within 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
VA, Safety Zone. within a 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
1st Friday; July 4th. Norfolk, VA, Safety Bay within a 400-yard
Zone. radius of the 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
Virginia Beach, VA, Atlantic Ocean within a
Safety Zone A. 1,000-yard radius of the
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
Suffolk, VA, Safety River within a 350-yard
Zone. radius of 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
Williamsburg, VA, Chickahominy River within a
Safety Zone. 400-yard radius of the
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
Friday, Saturday and Cape Charles, VA, Harbor located within a 125
Sunday; December 31st. Safety Zone. yard-radius of 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
Virginia Beach, VA, located within a 200-yard
Safety Zone. radius of the 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
Virginia Beach, VA, Bay 400 yard radius of the
Safety Zone. fireworks display 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
Branch, Norfolk, VA; Elizabeth River within the
Safety Zone. 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[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.
[[Page 57368]]
11.............................. April: Last Friday, North Atlantic Ocean, All water of the North
Saturday and Sunday. Virginia Beach, VA, Atlantic Ocean within a 300-
Safety Zone. yard radius of 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 4 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
Saturday. Channel, NC, Safety City Harbor Channel that
Zone. fall within a 360-yard
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
Saturday; July 4th; Wilmington, NC, Safety River within an area bound
August--3rd Monday; Zone. by a line drawn from the
October--1st Saturday. following points: Latitude
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.
3............................... July 1st Saturday; July Green Creek and Smith The waters of Green Creek
4th. Creek, Oriental, NC, and Smith Creek that fall
Safety Zone. within a 300-yard 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
Saturday; July 4th. Elizabeth City, NC, River within a 300-yard
Safety Zone. radius of the 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
Corolla, NC, Safety Sound within a 300-yard
Zone. radius of the 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
Saturday. Eight Island, NC, Eight Island Causeway
Safety Zone. Channel from latitude
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; Pamlico River, The waters of Pamlico River
July 4th. Washington, NC, Safety and Tar River within a 300-
Zone. yard radius of the
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
NC, Safety Zone. River within a 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
Sunday; July 4th. Ocracoke, NC, Safety with a 300-yard radius of
Zone. the National Park 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
Saturday following Channel, Wrightsville within a 500-yard radius of
Thanksgiving Day. Beach, NC, Safety Zone. the fireworks 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
Southport, NC, Safety River within a 600-yard
Zone. radius of the 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.
[[Page 57369]]
12.............................. July 4th............... Big Foot Slough, The waters of Big Foot
Ocracoke, NC, Safety Slough within a 300-yard
Zone. radius of the fireworks
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
Jacksonville, NC, within a 300-yard radius of
Safety Zone. the fireworks 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
Saturday; July 4th. Safety Zone. within a 300-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
NC, Safety Zone. within a 300-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
Saturday. NC; Safety Zone. within a 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
NC, Safety Zone. within a 300-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
last Friday or NC, Safety Zone. radius of the fireworks
Saturday. 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: October 1, 2021.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-22496 Filed 10-14-21; 8:45 am]
BILLING CODE 9110-04-P
