Federal Register: PROPOSED RULES Safety Zones: [33 CFR Part 165]

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

CFR Citation: 33 CFR Part 165

Docket ID: [Docket No. USCG-2008-0189]

RIN ID: RIN 1625-AA00

NOTICE: PROPOSED RULES

ACTION: Safety Zones:

DOCUMENT ACTION: Supplemental notice of proposed rulemaking.

SUBJECT CATEGORY: Safety Zones; Fireworks Displays Within the Fifth Coast Guard District

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.

DOCUMENT 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.

SUMMARY: Fireworks Displays within the Fifth Coast Guard District,

SUPPLEMENTAL 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 (USCG20080189), 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 email 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 ``USCG20080189'' 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, selfaddressed 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 USCG20080189 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 W12140 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 237045004 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 SectorsCaptain 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. [[Page 67446]]
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 onshore 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 ``FIREWORKSDANGERSTAY 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 3inch orange retroreflective 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. 601612), 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, notforprofit 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. 104121), 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. 35013520.). 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. 15311538) 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. 43214370f), 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 165REGULATED 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 1.051, 6.041, 6.046, 160.5; Pub. L. 107295, 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 VHFFM marine band radio.
(3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated onscenepatrol 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 ``FIREWORKSDANGERSTAY 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 3inch 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 SectorCaptain of the Port zone, please see 33 CFR 3.25. (1) Coast Guard Sector Delaware BayCaptain of the Port Zone, Philadelphia, Pennsylvania: (215) 2714944.
(2) Coast Guard Sector BaltimoreCaptain of the Port Zone, Baltimore, Maryland: (410) 5762525.
(3) Coast Guard Sector Hampton RoadsCaptain of the Port Zone, Norfolk, Virginia: (757) 4838567.
(4) Coast Guard Sector North CarolinaCaptain of the Port Zone, Atlantic Beach, North Carolina: (252) 2474545.
(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 ``FIREWORKSDANGERSTAY AWAY'' sign on the port and starboard side is onscene or a ``FIREWORKSDANGERSTAY 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 BayCOTP 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 September2nd 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).......... August3rd 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)......... May4th 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)......... September3rd 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)......... September3rd 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 BaltimoreCOTP Zone
(1).......... April1st 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 December1st 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).......... May3rd 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).......... May3rd 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)......... July2nd 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)......... Maylast Potomac River, All waters of the Saturday, July Charles County, Potomac River within 4th. MDMount 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)......... October1st 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

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) 3986204. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 2023669826.