Safety Zones: Fireworks Displays within the Fifth Coast Guard District

Federal Register: November 14, 2008 (Volume 73, Number 221)

Proposed Rules

Page 67444-67455

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr14no08-41

DEPARTMENT OF HOMELAND SECURITY

Coast Guard 33 CFR Part 165

Docket No. USCG-2008-0189

RIN 1625-AA00

Safety Zones; Fireworks Displays Within the Fifth Coast Guard

District

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

SUMMARY: This action is a supplemental notice of proposed rulemaking

(SNPRM) to Coast Guard's April 15, 2008, notice of proposed rulemaking

(NPRM) which proposed the revision of the list of permanent safety zones established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District (73 FR 20223). In the April 2008 NPRM, the

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Coast Guard proposed the addition of 22 new safety zones, and the modification 4 existing zones for fireworks display launch platforms and fallout areas. This supplemental proposal includes three additional safety zones and removes one previously proposed zone for a total of 24 new safety zones for fireworks displays. This action also proposes modification to one existing safety zone for a total of five modifications to preexisting zones established for fireworks displays.

This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these proposed zones during the enforcement periods will be prohibited without approval of the appropriate Captain of the Port.

DATES: Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before December 15, 2008 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG- 2008-0189 using any one of the following methods:

(1) Federal eRulemaking Portal: http://www.regulations.gov.

(2) Fax: 202-493-2251.

(3) Mail: Docket Management Facility (M-30), U.S. Department of

Transportation, West Building Ground Floor, Room W12-140, 1200 New

Jersey Avenue, SE., Washington, DC 20590-0001.

(4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

To avoid duplication, please use only one of these methods. For instructions on submitting comments, see the ``Public Participation and

Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Dennis Sens, Project Manager, Fifth Coast Guard District,

Prevention Division, Inspections and Investigations Branch, at (757) 398-6204. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

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

Submitting Comments

If you submit a comment, please include the docket number for this rulemaking (USCG-2008-0189), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission.

To submit your comment online, go to http://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert ``USCG-2008-0189'' in the Docket ID box, press Enter, and then click on the balloon shape in the Actions column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments.

Viewing Comments and Documents

To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert USCG-2008-0189 in the Docket ID box, press Enter, and then click on the item in the Docket ID column. You may also visit either the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New

Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,

Monday through Friday, except Federal holidays; or the Commander (dpi),

Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004 between 9 a.m. and 2 p.m., Monday through Friday, except

Federal holidays. We have an agreement with the Department of

Transportation to use the Docket Management Facility.

Privacy Act

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

Federal Register (73 FR 3316).

Public Meeting

We do not now plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility at the address under

ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.

Background and Purpose

In this supplemental proposal, the Coast Guard proposes to revise the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. For a description of the geographical area of the Fifth District and subordinate Coast Guard

Sectors--Captain of the Port Zones, please see 33 CFR 3.25. Currently there are 49 permanent safety zones established that are enforced for fireworks displays occurring throughout the year that are held on an annual basis and normally in one of these 49 locations.

The Coast Guard proposes to revise the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays, by adding 24 new locations and modifying 5 previously established locations within the geographic boundary of the Fifth Coast Guard District. This rule will increase the total number of permanent safety zones to 73 locations for fireworks displays within the boundary of the Fifth Coast

Guard District.

The 24 newly proposed permanent safety zones are as follows:

Table of Proposed Fireworks Safety Zones

1............................. Delaware River, Chester, PA. 2............................. North Atlantic Ocean Avalon, NJ. 3............................. Barnegat Bay, Barnegat Township, NJ. 4............................. North Atlantic Ocean, Cape May, NJ. 5............................. Great Egg Harbor Inlet, Margate City,

NJ. 6............................. Metedeconk River, Brick Township, NJ. 7............................. North Atlantic Ocean, Ocean City, NJ.

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8............................. North Atlantic Ocean, Bethany Beach, DE. 9............................. Baltimore Inner Harbor, Patapsco River,

MD. 10............................ Anacostia River, Washington, DC. 11............................ Potomac River, Charles County, MD. 12............................ Potomac River, National Harbor, MD. 13............................ Patuxent River, Calvert County, MD. 14............................ Patuxent River, Solomons Island, Calvert

County, MD. 15............................ Appomattox River, Hopewell, VA. 16............................ John H. Kerr Reservoir, Clarksville, VA. 17............................ Chesapeake Bay, Hampton, VA. 18............................ Atlantic Ocean, Virginia Beach, VA,

Safety Zone. B. 19............................ Atlantic Ocean, Virginia Beach, VA,

Safety Zone. C. 20............................ Nansemond River, Suffolk, VA. 21............................ James River, Williamsburg, VA. 22............................ Edenton Bay, Edenton, NC. 23............................ Motts Channel, Banks Channel,

Wrightsville Beach, NC. 24............................ New River, Jacksonville, NC.

The safety zone locations previously proposed for modification by this rule are: Potomac River, Charles County, MD; Northwest Harbor

(West Channel) Patapsco River, MD; Delaware River, Essington, PA; and

Atlantic Ocean, Virginia Beach, VA, safety zone A. This supplemental proposal adds one additional location; Cape Fear River, Wilmington, NC.

The Coast Guard typically receives numerous applications in these areas for fireworks displays. Previously a temporary safety zone was usually established on an emergency basis for each display. Emergency activation of safety zones limited the opportunity for public comment.

Establishing permanent safety zones through notice and comment rulemaking provides the public the opportunity to comment on the zone locations, size and length of time the zones will be enforced.

Each year organizations in the Fifth Coast Guard District sponsor fireworks displays in the same general location and time period. Each event uses a barge or an on-shore site near the shoreline as the fireworks launch platform. A safety zone is used to control vessel movement within a specified distance surrounding the launch platforms to ensure the safety of persons and property. Coast Guard personnel on scene could allow persons within the safety zone if conditions permit.

The Coast Guard would publish notices in the Federal Register if an event sponsor reported a change to the listed event venue or date. In the case of inclement weather the event usually will be conducted on the day following the date listed in the Table to Sec. 165.506. Coast

Guard Captains of the Port would give notice of the enforcement of each safety zone by all appropriate means to provide the widest publicity among the affected segments of the public. This would include publication in the Local Notice to Mariners and Marine Information

Broadcasts. Marine information and facsimile broadcasts may also be made for these events, beginning 24 to 48 hours before the event is scheduled to begin, to notify the public. Fireworks barges or launch sites on land used in the locations stated in this rulemaking would also display a sign. The sign would be affixed to the port and starboard side of the barge or mounted on a post 3 foot above ground level when on land and in close proximity to the shoreline facing the water labeled ``FIREWORKS--DANGER--STAY AWAY''. This would provide on scene notice that the safety zone is or will be enforced on that day.

This notice will consist of a diamond shaped sign 4 foot by 4 foot with a 3-inch orange retro-reflective border. The word ``DANGER'' shall be 10 inch black block letters centered on the sign with the words

``FIREWORKS'' and ``STAY AWAY'' in 6 inch black block letters placed above and below the word ``DANGER'' respectively on a white background.

There would also be a Coast Guard patrol vessel on scene 30 minutes before the display is scheduled to start until 30 minutes after its completion to enforce the safety zone.

The enforcement period for these proposed safety zones is from 5:30 p.m. to 1 a.m. local time. However, vessels may enter, remain in, or transit through these safety zones during this timeframe if authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene, as provided for in 33 CFR 165.23.

This rule is being proposed to provide for the safety of life on navigable waters during the events and to give the marine community the opportunity to comment on the proposed zone locations, size, and length of time the zones will be active.

Discussion of Proposed Rule

(a) The Coast Guard proposes to revise the regulations at 33 CFR 165.506 by adding the following 24 permanent safety zone locations. All coordinates listed for the following safety zones reference Datum NAD 1983.

Delaware River, Chester, PA, Safety Zone

All waters of the Delaware River near Chester, PA just south of the

Commodore Barry Bridge within a 250 yards radius of the fireworks barge located in approximate position latitude 39[deg]49'43.2'' N, longitude 075[deg]22'42'' W.

North Atlantic Ocean, Avalon, NJ, Safety Zone

The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39[deg]05'31'' N, longitude 074[deg]43'00'' W, in the vicinity of the shoreline at

Avalon, NJ.

Barnegat Bay, Barnegat Township, NJ, Safety Zone

The waters of Barnegat Bay within a 500 yard radius of 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.

North Atlantic Ocean, Cape May, NJ, Safety Zone

The waters of the North Atlantic Ocean within a 500 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.

Great Egg Harbor Inlet, Margate City, NJ, Safety Zone

All waters within a 500 yard radius of the fireworks barge in approximate location latitude 39[deg]19'33'' N, longitude 074[deg]31'28'' W, on the Intracoastal Waterway near Margate City, NJ.

Metedeconk River, Brick Township, NJ, Safety Zone

The waters of the Metedeconk River within a 300 yard 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.

North Atlantic Ocean, Ocean City, NJ, Safety Zone

The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39[deg]16'22'' N, longitude 074[deg]33'54'' W, in the vicinity of the shoreline at Ocean

City, NJ.

North Atlantic Ocean, Bethany Beach, DE, Safety Zone

The waters of the North Atlantic Ocean within a 500 yard radius of the launch platform in approximate position latitude 38[deg]32'08'' N, longitude

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075[deg]03'15'' W, adjacent to shoreline of Bethany Beach, DE.

Baltimore Inner Harbor, Patapsco River, MD, Safety Zone

The waters of the Patapsco River within a 100 yard radius of approximate position latitude 39[deg]17'03'' N, longitude 076[deg]36'36'' W, located in Baltimore Inner Harbor, approximately 150 yards southeast of pier 1.

Anacostia River, Washington, DC, Safety Zone

All waters of the Anacostia River within a 150 yard radius of the

Fireworks discharge site located near the shoreline at Washington

Nationals Ball Park in approximate position latitude 38[deg]52'18'' N, longitude 077[deg]00'20'' W.

Potomac River, Charles County, MD,--Mount Vernon, Safety Zone

All waters of the Potomac River within a 300 yard radius of the fireworks launch site near the Mount Vernon Estate, in Fairfax County,

Virginia, located at latitude 38[deg]42'24'' N, longitude 077[deg]04'56'' W.

Potomac River, National Harbor, MD, Safety Zone

All waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38[deg]47'18'' N, longitude 077[deg]01'01'' W; thence to latitude 38[deg]47'11'' N, longitude 077[deg]01'26'' W; thence to latitude 38[deg]47'25'' N, longitude 077[deg]01'33'' W; thence to latitude 38[deg]47'32'' N, longitude 077[deg]01'08'' W; thence to the point of origin, located at National

Harbor, Maryland.

Patuxent River, Calvert County, MD, Safety Zone

All waters of the Patuxent River within a 280 yard radius of the fireworks barge in approximate position latitude 38[deg]19'06.6'' N, longitude 076[deg]26'10.1'' W, approximately 1450 yards west of Drum

Point, MD.

Patuxent River, Solomons Island, Calvert County, MD, Safety Zone

All waters of the Patuxent River within a 400 yard radius of the fireworks barge located at latitude 38[deg]19'03'' N, longitude 076[deg]26'07.6'' W.

Appomattox River, Hopewell, VA, Safety Zone

All waters of the Appomattox River within a 400 yard radius of the fireworks barge in approximate position latitude 37[deg]19'11'' N, longitude 077[deg]16'55'' W.

John H. Kerr Reservoir, Clarksville, VA, Safety Zone

All waters of John H. Kerr Reservoir within a 400 yard radius of approximate position latitude 36[deg]37'51'' N, longitude 078[deg]32'50'' W, located near the south end of the State Route 15

Highway Bridge.

Chesapeake Bay, Hampton, VA, Safety Zone

All waters of the Chesapeake Bay within a 350 yard radius of approximate position latitude 37[deg]02'23'' N, longitude 076[deg]17'22'' W, located near Buckroe Beach.

Atlantic Ocean, VA Beach, VA, Safety Zone

All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36[deg]50'35'' N, longitude 075[deg]58'09'' W, located on the 14th Street Fishing Pier.

Atlantic Ocean, VA Beach, VA, Safety Zone

All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36[deg]49'55'' N, longitude 075[deg]58'00'' W, located off the beach between 2nd and 6th streets.

Nansemond River, Suffolk, VA, Safety Zone

All waters of the Nansemond River within a 350 yard radius of approximate position latitude 36[deg]44'27'' N, longitude 076[deg]34'42'' W, located near Constant's Wharf in Suffolk, VA.

James River, Williamsburg, VA, Safety Zone

All waters of the James River within a 350 yard radius of approximate position latitude 37[deg]13'23.3'' N, longitude 076[deg]40'11.8'' W, located near Kingsmill Resort.

Edenton Bay, Edenton, NC, Safety Zone

All waters within a 300 yard radius of position latitude 36[deg]03'04'' N, longitude 076[deg]36'18'' W, approximately 150 yards east of the entrance to Queen Anne Creek, Edenton, NC.

Motts Channel, Banks Channel, Wrightsville Beach, NC, Safety Zone

All waters of Motts Channel within a 300 yard radius of the fireworks barge 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.

New River, Jacksonville, NC, Safety Zone

All waters of the New River within a 300 yard radius of the fireworks launch site in approximate position latitude 34[deg]44'45''

N, longitude 077[deg]26'18'' W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina.

(b) The Coast Guard proposes to revise regulations at 33 CFR 165.506 by modifying 5 existing permanent safety zone locations as follows. All coordinates listed for the following safety zones reference Datum NAD 1983.

Potomac River, Charles County, MD, Safety Zone

All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38[deg]20'18'' N, longitude 077[deg]15'00'' W, approximately 700 yards north of the shoreline at Fairview Beach, Virginia.

Northwest Harbor (West Channel) Patapsco River, MD, Safety Zone

All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position latitude 39[deg]16'21'' N, longitude 076[deg]34'38'' W, located adjacent to the West Channel of

Northwest Harbor.

Delaware River, Essington, PA, Safety Zone

All the waters of the Delaware River near Essington, PA, west of

Little Tinicum Island within a 250 yards radius of the fireworks barge located in the approximate position latitude 39[deg]51'18'' N, longitude 075[deg]18'57'' W.

Atlantic Ocean, Virginia Beach, VA, Safety Zone

All waters of the Atlantic Ocean within a 1000 yard radius of the center located near the shoreline at approximate position latitude 36[deg]51'12'' N, longitude 075[deg]58'06'' W, a safety zone located off the beach between 17th and 31st streets.

Cape Fear River, Wilmington, NC, Safety Zone

All waters of the Cape Fear River within an area bound by a line drawn from the 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 west 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

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origin, located approximately 500 yards north of Cape Fear Memorial

Bridge.

Regulatory Analyses

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

Regulatory Planning and Review

This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and

Budget has not reviewed it under that Order.

We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This finding is based on the short amount of time that vessels would be restricted from the zones, and the small zone sizes positioned in low vessel traffic areas. Vessels would not be precluded from getting underway, or mooring at any piers or marinas currently located in the vicinity of the proposed safety zones. Advance notifications would also be made to the local maritime community by issuing Local Notice to Mariners,

Marine information and facsimile broadcasts so mariners can adjust their plans accordingly. Notifications to the public for most events will usually be made by local newspapers, radio and TV stations. The

Coast Guard anticipates that each safety zone will only be enforced 2 to 3 times per year.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities some of which may be small entities: The owners and operators of vessels intending to transit or anchor in the proposed safety zones during the times these zones are enforced.

These proposed safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: The enforcement period will be short in duration and in many of the zones vessels may transit safely around the safety zones.

Generally, blanket permission to enter, remain in, or transit through these safety zones will be given except during the period that the

Coast Guard patrol vessel is present. Before the enforcement period, we will issue maritime advisories widely.

If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see

ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the address listed under

ADDRESSES. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

Collection of Information

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

Federalism

A rule has implications for federalism under Executive Order 13132,

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

Unfunded Mandates Reform Act

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

Taking of Private Property

This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630,

Governmental Actions and Interference with Constitutionally Protected

Property Rights.

Civil Justice Reform

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

Protection of Children

We have analyzed this proposed rule under Executive Order 13045,

Protection of Children from Environmental Health Risks and Safety

Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.

Indian Tribal Governments

This proposed rule does not have tribal implications under

Executive Order 13175, Consultation and Coordination with Indian Tribal

Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal

Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

Energy Effects

We have analyzed this proposed rule under Executive Order 13211,

Actions Concerning Regulations That Significantly Affect Energy Supply,

Distribution, or Use. We have determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and

Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.

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Technical Standards

The National Technology Transfer and Advancement Act (NTTAA) (15

U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.

This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

Environment

We have analyzed this proposed rule under Department of Homeland

Security Management Directive 5100.1 and Commandant Instruction

M16475.lD, which guide the Coast Guard in complying with the National

Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination under the Instruction that this action is not likely to have a significant effect on the human environment. An environmental analysis checklist supporting this preliminary determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.

L. 107-295, 116 Stat. 2064; Department of Homeland Security

Delegation No. 0170.1. 2. Revise Sec. 165.506 to read as follows:

Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks

Displays.

(a) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply.

(2) The following regulations apply to the fireworks safety zones listed in the Table to Sec. 165.506. These regulations will be effective annually, for the duration of each fireworks event listed in the Table to Sec. 165.506. In the case of inclement weather the event may be conducted on the day following the date listed in the Table to

Sec. 165.506. Annual notice of the exact dates and times of the effective period of the regulation with respect to each safety zone, the geographical area, and other details concerning the nature of the fireworks event will be published in Local Notices to Mariners and via

Broadcast Notice to Mariners over VHF-FM marine band radio.

(3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. Those personnel are comprised of commissioned, warrant, and petty officers of the U.S. Coast Guard. Other Federal, State and local agencies may assist these personnel in the enforcement of the safety zone. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed.

(b) Notification. (1) Fireworks barges and launch sites on land that operate within the regulated areas contained in the Table to Sec. 165.506 will have a sign affixed to the port and starboard side of the barge or mounted on a post 3 feet above ground level when on land immediately adjacent to the shoreline and facing the water labeled

``FIREWORKS--DANGER--STAY AWAY''. This will provide on scene notice that the safety zone will be enforced on that day. This notice will consist of a diamond shaped sign 4 foot by 4 foot with a 3-inch orange retro reflective border. The word ``DANGER'' shall be 10 inch black block letters centered on the sign with the words ``FIREWORKS'' and

``STAY AWAY'' in 6 inch black block letters placed above and below the word ``DANGER'' respectively on a white background.

(2) Coast Guard Captains of the Port in the Fifth Coast Guard

District will notify the public of the enforcement of these safety zones by all appropriate means to effect the widest publicity among the affected segments of the public. Publication in the Local Notice to

Mariners, marine information broadcasts, and facsimile broadcasts may be made for these events, beginning 24 to 48 hours before the event is scheduled to begin, to notify the public.

(c) Contact information. Questions about safety zones and related events should be addressed to the local Coast Guard Captain of the Port for the area in which the event is occurring. Contact information is listed below. For a description of the geographical area of each Coast

Guard Sector--Captain of the Port zone, please see 33 CFR 3.25.

(1) Coast Guard Sector Delaware Bay--Captain of the Port Zone,

Philadelphia, Pennsylvania: (215) 271-4944.

(2) Coast Guard Sector Baltimore--Captain of the Port Zone,

Baltimore, Maryland: (410) 576-2525.

(3) Coast Guard Sector Hampton Roads--Captain of the Port Zone,

Norfolk, Virginia: (757) 483-8567.

(4) Coast Guard Sector North Carolina--Captain of the Port Zone,

Atlantic Beach, North Carolina: (252) 247-4545.

(d) Enforcement period. The safety zones in the Table to Sec. 165.506 will be enforced from 5:30 p.m. to 1 a.m. each day a barge with a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port and starboard side is on-scene or a ``FIREWORKS--DANGER--STAY AWAY'' sign is posted on land adjacent to the shoreline, in a location listed in the Table to

Sec. 165.506. Vessels may not enter, remain in, or transit through the safety zones during these enforcement periods unless authorized by the

Captain of the Port or designated Coast Guard patrol personnel on scene.

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Table to Sec. 165.506

All coordinates listed in the Table to Sec. 165.506 reference Datum

NAD 1983.

Number

Date

Location

Regulated area

(a) Coast Guard Sector Delaware Bay--COTP Zone

(1).......... July 4th........ North Atlantic

The waters of the

Ocean, Bethany

North Atlantic Ocean

Beach, DE,

within a 500 yard

Safety Zone.

radius of the fireworks launch platform in approximate position latitude 38[deg]32'08'' N, longitude 075[deg]03'15'' W, adjacent to shoreline of Bethany

Beach, DE.

(2).......... Labor Day....... Indian River

All waters of the

Bay, DE, Safety Indian River Bay

Zone.

within a 360 yard radius of the fireworks launch location on the pier in approximate position latitude 38[deg]36'42'' N, longitude 075[deg]08'18'' W, about 700 yards east of Pots Net Point,

DE.

(3).......... July 4th........ Atlantic Ocean, All waters of the

Rehoboth Beach, Atlantic Ocean

DE, Safety Zone. within a 360 yard radius of the fireworks barge in approximate position latitude 38[deg]43[min]01.2[s ec] N, longitude 075[deg]04'21'' W, approximately 400 yards east of

Rehoboth Beach, DE.

(4).......... July 4th........ North Atlantic

The waters of the

Ocean, Avalon,

North Atlantic Ocean

NJ, Safety Zone. within a 500 yard radius of the fireworks barge in approximate location latitude 39[deg]05'31'' N, longitude 074[deg]43'00'' W, in the vicinity of the shoreline at

Avalon, NJ.

(5).......... July 4th,

Barnegat Bay,

The waters of

September--2nd

Barnegat

Barnegat Bay within

Saturday.

Township, NJ,

a 500 yard radius of

Safety 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.

(6).......... July 4th........ North Atlantic

The waters of the

Ocean, Cape

North Atlantic Ocean

May, NJ, Safety within a 500 yard

Zone.

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.

(7).......... July 3rd........ Delaware Bay,

All waters of the

North Cape May, Delaware Bay within

NJ, Safety Zone. a 500 yard radius of the fireworks barge in approximate position latitude 38[deg]58'00'' N, longitude 074[deg]58'30'' W.

(8).......... August--3rd

Great Egg Harbor All waters within a

Sunday.

Inlet, Margate 500 yard radius of

City, NJ,

the fireworks barge

Safety Zone.

in approximate location latitude 39[deg]19'33'' N, longitude 074[deg]31'28'' W, on the Intracoastal

Waterway near

Margate City, NJ.

(9).......... July 4th, August Metedeconk

The waters of the every Thursday

River, Brick

Metedeconk River

September 1st

Township, NJ,

within a 300 yard

Thursday.

Safety 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.

(10)......... July 4th........ North Atlantic

The waters of the

Ocean, Ocean

North Atlantic Ocean

City, NJ,

within a 500 yard

Safety Zone.

radius of the fireworks barge in approximate location latitude 39[deg]16'22'' N, longitude 074[deg]33'54'' W, in the vicinity of the shoreline at

Ocean City, NJ.

(11)......... May--4th

Barnegat Bay,

All waters of

Saturday.

Ocean Township, Barnegat Bay within

NJ, Safety Zone. a 500 yard radius of the fireworks barge in approximate position latitude 39[deg]47'33'' N, longitude 074[deg]10'46'' W.

(12)......... July 4th........ Little Egg

All waters of Little

Harbor, Parker

Egg Harbor within a

Island, NJ,

500 yard radius of

Safety Zone.

the fireworks barge in approximate position latitude 39[deg]34'18'' N, longitude 074[deg]14'43'' W, approximately 100 yards north of

Parkers Island.

(13)......... September--3rd

Delaware River, All waters of the

Saturday.

Chester, PA,

Delaware River near

Safety Zone.

Chester, PA just south of the

Commodore Barry

Bridge within a 250 yards radius of the fireworks barge located in approximate position latitude 39[deg]49[min]43.2[s ec] N, longitude 075[deg]22'42'' W.

(14)......... September--3rd

Delaware River, All the waters of the

Saturday.

Essington, PA,

Delaware River near

Safety Zone.

Essington, PA, west of Little Tinicum

Island within a 250 yards radius of the fireworks barge located in the approximate position latitude 39[deg]51'18'' N, longitude 075[deg]18'57'' W.

(15)......... July 4th,

Delaware River, All waters of

Columbus Day,

Philadelphia,

Delaware River,

December 31st,

PA, Safety Zone. adjacent to Penns

January 1st.

Landing,

Philadelphia, PA, bounded from shoreline to shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39[deg]56'31.2'' N, longitude 075[deg]08'28.1'' W; thence to latitude 39[deg]56'29.1'' N, longitude 075[deg]07'56.5'' W, and bounded on the north by the

Benjamin Franklin

Bridge.

(b) Coast Guard Sector Baltimore--COTP Zone

(1).......... April--1st

Washington

All waters of the

Saturday.

Channel, Upper

Upper Potomac River

Potomac River, within a 150 yard

Washington, DC, radius of the

Safety Zone.

fireworks barge in approximate position latitude 38[deg]52'09'' N, longitude 077[deg]01'13'' W, located within the

Washington Channel in Washington

Harbor, DC.

Page 67451

(2).......... July 4th,

Severn River and All waters of the

December--1st

Spa Creek,

Severn River and Spa and 2nd

Annapolis, MD,

Creek within an area

Saturday,

Safety Zone.

bounded by a line

December 31st.

drawn from latitude 38[deg]58'39.6'' N, longitude 076[deg]28'49'' W; thence to latitude 38[deg]58'41'' N, longitude 076[deg]28'14'' W; thence to latitude 38[deg]59'01'' N, longitude 076[deg]28'37'' W; thence to latitude 38[deg]58'57'' N, longitude 076[deg]28'40'' W, located near the entrance to Spa

Creek in Annapolis,

Maryland.

(3).......... Saturday before Middle River,

All waters of the

Independence

Baltimore

Middle River within

Day holiday.

County, MD,

a 300 yard radius of

Safety Zone.

the fireworks barge in approximate position latitude 39[deg]17'45'' N, longitude 076[deg]23'49'' W, approximately 300 yards east of

Rockaway Beach, near

Turkey Point.

(4).......... July 4th.

Patapsco River

All waters of the

December 31st.

(Middle

Patapsco River,

Branch),

Middle Branch,

Baltimore, MD, within an area bound

Safety Zone.

by a line drawn from the following points: latitude 39[deg]15'22'' N, longitude 076[deg]36'36'' W; thence to latitude 39[deg]15'10'' N, longitude 076[deg]36'00'' W; thence to latitude 39[deg]15'40'' N, longitude 076[deg]35'23'' W; thence to latitude 39[deg]15'49'' N, longitude 076[deg]35'47'' W; thence to the point of origin, located approximately 600 yards east of

Hanover Street (SR- 2) Bridge.

(5).......... June 14th, July Northwest Harbor All waters of the 4th, September-- (East Channel), Patapsco River 2nd Saturday,

Patapsco River, within a 300 yard

December 31st.

MD, Safety Zone. radius of the fireworks barge in approximate position 39[deg]15'55'' N, 076[deg]34'35'' W, located adjacent to the East Channel of

Northwest Harbor.

(6).......... May--3rd Friday, Baltimore Inner All waters of the

July 4th,

Harbor,

Patapsco River

December 31st.

Patapsco River, within a 150 yard

MD, Safety Zone. radius of the fireworks barge in approximate position latitude 39[deg]16'55'' N, longitude 076[deg]36'17'' W, located at the entrance to

Baltimore Inner

Harbor, approximately 150 yards southwest of pier 6.

(7).......... May--3rd Friday, Baltimore Inner The waters of the

July 4th,

Harbor,

Patapsco River

December 31st.

Patapsco River, within a 100 yard

MD, Safety Zone. radius of approximate position latitude 39[deg]17'03'' N, longitude 076[deg]36'36'' W, located in Baltimore

Inner Harbor, approximately 150 yards southeast of pier 1.

(8).......... July 4th,

Northwest Harbor All waters of the

December 31st.

(West Channel)

Patapsco River

Patapsco River, within a 300 yard

MD, Safety Zone. radius of the fireworks barge in approximate position latitude 39[deg]16'21'' N, longitude 076[deg]34'38'' W, located adjacent to the West Channel of

Northwest Harbor.

(9).......... July 4th........ Patuxent River, All waters of the

Calvert County, Patuxent River

MD, Safety Zone. within a 280 yard radius of the fireworks barge in approximate position latitude 38[deg]19'06.6'' N, longitude 076[deg]26'10.1'' W, approximately 1450 yards west of Drum

Point, MD.

(10)......... July 4th........ Patuxent River, All waters of the

Solomons

Patuxent River

Island, Calvert within a 400 yard

County, MD,

radius of the

Safety Zone.

fireworks barge located at latitude 38[deg]19'03'' N, longitude 076[deg]26'07.6'' W.

(11)......... July 4th........ Patuxent River, All waters of

Solomons

Patuxent River

Island, MD,

within a 300 yard

Safety Zone.

radius of the fireworks barge in an area bound by the following points: latitude 38[deg]19'42'' N, longitude 076[deg]28'02'' W; thence to latitude 38[deg]19'26'' N, longitude 076[deg]28'18'' W; thence to latitude 38[deg]18'48'' N, longitude 076[deg]27'42'' W; thence to latitude 38[deg]19'06'' N, longitude 076[deg]27'25'' W; thence to the point of origin, located near Solomons

Island, MD.

(12)......... July 4th........ Chester River,

All waters of the

Kent Island

Chester River,

Narrows, MD,

within an area bound

Safety Zone.

by a line drawn from the following points: latitude 38[deg]58'50'' N, longitude 076[deg]15'00'' W; thence north to latitude 38[deg]59'00'' N, longitude 076[deg]15'00'' W; thence east to latitude 38[deg]59'00'' N, longitude 076[deg]14'46'' W; thence southeast to latitude 38[deg]58'50'' N, longitude 076[deg]14'28'' W; thence southwest to latitude 38[deg]58'37'' N, longitude 076[deg]14'36'' W, thence northwest to latitude 38[deg]58'42'' N, longitude 076[deg]14'55'' W, thence to the point of origin, located approximately 900 yards north of Kent

Island Narrows (US- 50/301) Bridge.

(13)......... July 3rd........ Chesapeake Bay, All waters of the

Chesapeake

Chesapeake Bay

Beach, MD,

within a 150 yard

Safety Zone.

radius of the fireworks barge in approximate position latitude 38[deg]41'33'' N, longitude 076[deg]31'48'' W, located near

Chesapeake Beach,

Maryland.

(14)......... July 4th........ Choptank River, All waters of the

Cambridge, MD,

Choptank River

Safety Zone.

within a 300 yard radius of the fireworks launch site at Great Marsh

Point, located at latitude 38[deg]35'06'' N, longitude 076[deg]04'46'' W.

(15)......... July--2nd and

Potomac River,

All waters of the last Saturday.

Charles County, Potomac River within

MD, Safety Zone. a 300 yard radius of the fireworks barge in approximate position latitude 38[deg]20'18'' N, longitude 077[deg]15'00'' W, approximately 700 yards north of the shoreline at

Fairview Beach,

Virginia.

Page 67452

(16)......... May--last

Potomac River,

All waters of the

Saturday, July

Charles County, Potomac River within 4th.

MD--Mount

a 300 yard radius of

Vernon, Safety the fireworks launch

Zone.

site near the Mount

Vernon Estate, in

Fairfax County,

Virginia, located at latitude 38[deg]42'24'' N, longitude 077[deg]04'56'' W.

(17)......... October--1st

Dukeharts

All waters of the

Saturday.

Channel,

Potomac River within

Potomac River, a 300 yard radius of

MD, Safety Zone. the fireworks barge in approximate position latitude 38[deg]13'48'' N, longitude 076[deg]44'37'' W, located adjacent to

Dukeharts Channel near Coltons Point,

Maryland.

(18)......... July--Day before Potomac River,

All waters of the

Independence

National

Potomac River within

Day holiday,

Harbor, MD,

an area bound by a

November--last

Safety Zone.

line drawn from the

Friday.

following points: latitude 38[deg]47'18'' N, longitude 077[deg]01'01'' W; thence to latitude 38[deg]47'11'' N, longitude 077[deg]01'26'' W; thence to latitude 38[deg]47'25'' N, longitude 077[deg]01'33'' W; thence to latitude 38[deg]47'32'' N, longitude 077[deg]01'08'' W; thence to the point of origin, located at National Harbor,

Maryland.

(19)......... July 4th,

Susquehanna

All waters of the

September--last River, Havre de Susquehanna River

Saturday.

Grace, MD,

within a 150 yard

Safety Zone.

radius of the fireworks barge in approximate position latitude 39[deg]32'42'' N, longitude 076[deg]04'30'' W, approximately 800 yards east of the waterfront at Havre de Grace, MD.

(20)......... June and July-- Miles River, St. All waters of the

Saturday before Michaels, MD,

Miles River within a

Independence

Safety Zone.

200 yard radius of

Day holiday.

the fireworks barge in approximate position latitude 38[deg]47'42'' N, longitude 076[deg]12'23'' W, located near the waterfront of St.

Michaels, Maryland.

(21)......... June and July-- Tred Avon River, All waters of the

Saturday or

Oxford, MD,

Tred Avon River

Sunday before

Safety Zone.

within a 150 yard

Independence

radius of the

Day holiday.

fireworks barge in approximate position latitude 38[deg]41'48'' N, longitude 076[deg]10'38'' W, approximately 500 yards northwest of the waterfront at

Oxford, MD.

(22)......... July 3rd........ Northeast River, All waters of the

North East, MD, Northeast River

Safety Zone.

within a 300 yard radius of the fireworks barge in approximate position latitude 39[deg]35'26'' N, longitude 075[deg]57'00'' W, approximately 400 yards south of North

East Community Park.

(23)......... June--2nd or 3rd Upper Potomac

All waters of the

Saturday, July-- River,

Upper Potomac River 1st or 2nd

Alexandria, VA, within a 300 yard

Saturday,

Safety Zone.

radius of the

September--1st

fireworks barge in or 2nd Saturday.

approximate position 38[deg]48'37'' N, 077[deg]02'02'' W, located near the waterfront of

Alexandria,

Virginia.

(24)......... March through

Anacostia River, All waters of the

October, at the Washington, DC, Anacostia River conclusion of

Safety Zone.

within a 150 yard evening MLB

radius of the games at

Fireworks discharge

Washington

site located near

Nationals Ball

the shoreline at

Park.

Washington Nationals

Ball Park in approximate position latitude 38[deg]52'18'' N, longitude 077[deg]00'20'' W,

(25)......... June--last

Potomac River,

All waters of the

Saturday.

Prince William

Potomac River within

County, VA,

a 200 yard radius of

Safety Zone.

the fireworks barge in approximate position latitude 38[deg]34'08'' N, longitude 077[deg]15'34'' W, located near Cherry

Hill, Virginia.

(c) Coast Guard Sector Hampton Roads--COTP Zone

(1).......... July 4th........ Atlantic Ocean, All waters of the

Ocean City, MD, Atlantic Ocean in an

Safety Zone.

area 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 proposed zone extends approximately 300 yards offshore from the fireworks launch area located at the

High Water mark on the beach.

(2).......... May--4th Sunday, Isle of Wight

All waters of Isle of

June--3rd

Bay, Ocean

Wight Bay within a

Monday, July

City, MD,

350 yard radius of 4th, August--

Safety Zone.

the fireworks barge 1st and 4th

in approximate

Sunday,

position latitude

September--1st

38[deg]22'32'' N, and 4th Sunday.

longitude 075[deg]04'30'' W.

(3).......... July 4th........ Assawoman Bay,

All waters of

Fenwick Island-- Assawoman Bay within

Ocean City, MD, a 360 yard radius of

Safety Zone.

the fireworks launch location on the pier at the West end of

Northside Park, in approximate position latitude 38[deg]25'57.6'' N, longitude 075[deg]03'55.8'' W.

(4).......... July 4th........ Broad Bay,

All waters of the

Virginia Beach, Broad Bay within a

VA, Safety Zone. 400 yard radius of the fireworks display in approximate position latitude 36[deg]52'08'' N, longitude 076[deg]00'46'' W, located on the shoreline near the

Cavalier Golf and

Yacht Club, Virginia

Beach, Virginia.

(5).......... October--1st

York River, West All waters of the

Friday.

Point, VA,

York River near West

Safety Zone.

Point, VA within a 400 yard radius of the fireworks display located in approximate position latitude 37[deg]31'25'' N, longitude 076[deg]47'19'' W.

Page 67453

(6).......... July 4th........ York River,

All waters of the

Yorktown, VA,

York River within a

Safety Zone.

400 yard radius of the fireworks display in approximate position latitude 37[deg]14'14'' N, longitude 076[deg]30'02'' W, located near

Yorktown, Virginia.

(7).......... July 4th........ Chincoteague

All waters of the

Channel,

Chincoteague Channel

Chincoteague,

within a 360 yard

VA, Safety Zone. radius of the fireworks launch location at the

Chincoteague carnival waterfront in approximate position latitude 37[deg]55'40.3'' N, longitude 075[deg]23'10.7'' W, approximately 900 yards southwest of

Chincoteague Swing

Bridge.

(8).......... May--1st Friday, James River,

All waters of the

July 4th.

Newport News,

James River within a

VA, Safety Zone. 325 yard radius of the fireworks barge in approximate position latitude 36[deg]58'30'' N, longitude 076[deg]26'19'' W, located in the vicinity of the

Newport News

Shipyard, Newport

News, Virginia.

(9).......... July 9th........ Chesapeake Bay, All waters of the

Hampton, VA,

Chesapeake Bay

Safety Zone.

within a 350 yard radius of approximate position latitude 37[deg]02'23'' N, longitude 076[deg]17'22'' W, located near Buckroe

Beach.

(10)......... June--4th Friday Chesapeake Bay, All waters of the

Norfolk, VA,

Chesapeake Bay

Safety Zone.

within a 400 yard 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.

(11)......... July 4th........ Chesapeake Bay, All waters of the

Virginia Beach, Chesapeake Bay 400

VA, Safety Zone. yard radius of the 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.

(12)......... Memorial Day,

Elizabeth River, All waters of the

June--1st and

Southern

Elizabeth River 2nd Friday,

Branch,

Southern Branch in

Saturday and

Norfolk, VA,

an area bound by the

Sunday, July

Safety Zone.

following points: 4th, November--

latitude 4th Saturday,

36[deg]50'54.8'' N,

December--1st

longitude

Saturday and

076[deg]18'10.7'' W;

December 31st,

thence to latitude

January--1st.

36[deg]51'7.9'' N, longitude 076[deg]18'01'' W; thence to latitude 36[deg]50'45.6'' N, longitude 076[deg]17'44.2'' W; thence to latitude 36[deg]50'29.6'' N, longitude 076[deg]17'23.2'' W; thence to latitude 36[deg]50'7.7'' N, longitude 076[deg]17'32.3'' W; thence to latitude 36[deg]49'58'' N, longitude 076[deg]17'28.6'' W; thence to latitude 36[deg]49'52.6'' N, longitude 076[deg]17'43.8'' W; thence to latitude 36[deg]50'27.2'' N, longitude 076[deg]17'45.3'' W thence to the point of origin.

(13)......... May--2nd

Appomattox

All waters of the

Saturday,

River,

Appomattox River

September--1st

Hopewell, VA,

within a 400 yard

Saturday and

Safety Zone.

radius of the

Sunday,

fireworks barge in

December--1st

approximate position

Saturday.

latitude 37[deg]19'11'' N, longitude 077[deg]16'55'' W.

(14)......... July--3rd

John H. Kerr

All waters of John H.

Saturday.

Reservoir,

Kerr Reservoir

Clarksville,

within a 400 yard

VA, Safety Zone. radius of approximate position latitude 36[deg]37'51'' N, longitude 078[deg]32'50'' W, located near the south end of the

State Route 15

Highway Bridge.

(15)......... May, June, July, Atlantic Ocean, All waters of the

August,

Virginia Beach, Atlantic Ocean

September,

VA, Safety

within a 1000 yard

October--every

Zone. A.

radius of the center

Wednesday,

located near the

Friday,

shoreline at

Saturday and

approximate position

Sunday, July

latitude 4th.

36[deg]51'12'' N, longitude 075[deg]58'06'' W, located off the beach between 17th and 31st streets.

(16)......... September--4th

Atlantic Ocean, All waters of the

Saturday.

VA Beach, VA,

Atlantic Ocean

Safety Zone. B. within a 350 yard radius of approximate position latitude 36[deg]50'35'' N, longitude 075[deg]58'09'' W, located on the 14th

Street Fishing Pier.

(17)......... August--4th

Atlantic Ocean, All waters of the

Friday and

VA Beach, VA,

Atlantic Ocean

Saturday.

Safety Zone. C. within a 350 yard radius of approximate position latitude 36[deg]49'55'' N, longitude 075[deg]58'00'' W, located off the beach between 2nd and 6th streets.

(18)......... July 4th........ Nansemond River, All waters of the

Suffolk, VA,

Nansemond River

Safety Zone.

within a 350 yard radius of approximate position latitude 36[deg]44'27'' N, longitude 076[deg]34'42'' W, located near

Constant's Wharf in

Suffolk, VA.

(19)......... February--4th

Chickahominy

All waters of the

Saturday, July

River,

Chickahominy River 4th.

Williamsburg,

within a 400 yard

VA, Safety Zone. radius of the fireworks display in approximate position latitude 37[deg]14'50'' N, longitude 076[deg]52'17'' W, near Barrets Point,

Virginia.

(20)......... July 4th........ James River,

All waters of the

Williamsburg,

James River within a

VA, Safety Zone. 350 yard radius of approximate position latitude 37[deg]13'23.3'' N, longitude 076[deg]40'11.8'' W, located near

Kingsmill Resort.

(d) Coast Guard Sector North Carolina--COTP Zone

(1).......... July 4th,

Morehead City

All waters of the

October--1st

Harbor Channel, Morehead City Harbor

Friday.

NC, Safety Zone. Channel that 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.

Page 67454

(2).......... April--2nd

Cape Fear River, All waters of the

Saturday, July

Wilmington, NC, Cape Fear River 4th, August--

Safety Zone.

within an area bound 3rd Monday,

by a line drawn from

October--1st

the following

Friday.

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 west 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 4th........ Green Creek and All waters of Green

Smith Creek,

Creek and Smith

Oriental, NC,

Creek that fall

Safety Zone.

within a 300 yard radius of the fireworks launch site at 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).......... July 4th........ Pasquotank

All waters of the

River,

Pasquotank River

Elizabeth City, within a 300 yard

NC, Safety Zone. radius of the fireworks launch site in approximate position latitude 36[deg]18'00'' N, longitude 076[deg]13'00'' W, approximately 200 yards south of the east end of the

Elizabeth City

Bascule Bridges.

(5).......... July 4th........ Currituck Sound, All waters of the

Corolla, NC,

Currituck Sound

Safety Zone.

within a 300 yard radius of the fireworks barge in approximate position latitude 36[deg]22'48'' N, longitude 075[deg]51'15'' W.

(6).......... July 4th,

Middle Sound,

All waters of the

November--3rd

Figure Eight

Figure Eight Island

Saturday.

Island, NC,

Causeway Channel

Safety Zone.

from latitude 34[deg]16'32'' N, longitude 077[deg]45'32'' W, thence east along the marsh to a position located at latitude 34[deg]16'19'' N, longitude 077[deg]44'55'' W, thence south to the causeway at position latitude 34[deg]16'16'' N, longitude 077[deg]44'58'' W, thence west along the shoreline to position latitude 34[deg]16'29'' N, longitude 077[deg]45'34'' W, thence back to the point of origin.

(7).......... June--2nd

Pamlico River,

All waters of the

Saturday, July-- Washington, NC, Pamlico River that 1st Saturday

Safety Zone.

fall within a 300 after July 4th.

yard radius of the fireworks launch site at latitude 35[deg]32'19'' N, longitude 077[deg]03'20.5'' W, located 500 yards north of Washington railroad trestle bridge.

(8).......... July 4th........ Neuse River, New All waters of the

Bern, NC,

Neuse River within a

Safety Zone.

360 yard radius of the fireworks barge in approximate position latitude 35[deg]06'07.1'' N, longitude 077[deg]01'35.8'' W, located 420 yards north of the New

Bern, Twin Span, high rise bridge.

(9).......... July 4th........ Edenton Bay,

All waters within a

Edenton, NC,

300 yard radius of

Safety Zone.

position latitude 36[deg]03'04'' N, longitude 076[deg]36'18'' W, approximately 150 yards east of the entrance to Queen

Anne Creek, Edenton,

NC.

(10)......... July 4th,

Motts Channel,

All waters of Motts

November--4th

Banks Channel,

Channel within a 300

Monday.

Wrightsville

yard radius of the

Beach, NC,

fireworks barge in

Safety Zone.

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, All waters of the

Southport, NC,

Cape Fear River

Safety Zone.

within a 600 yard 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.

(12)......... July 4th........ Big Foot Slough, All waters of Big

Ocracoke, NC,

Foot Slough within a

Safety Zone.

300 yard 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 Orcacoke,

NC.

(13)......... August--1st

New River,

All waters of the New

Tuesday.

Jacksonville,

River within a 300

NC, Safety Zone. yard radius of 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, North

Carolina.

Page 67455

Dated: October 23, 2008.

Fred M. Rosa, Jr.,

Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.

FR Doc. E8-27007 Filed 11-13-08; 8:45 am

BILLING CODE 4910-15-P

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