Federal Register: April 8, 2009 (Volume 74, Number 66)
DOCID: fr08ap09-8 FR Doc E9-7885
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: RULES
DOCID: fr08ap09-8
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Safety Zones; Fireworks Displays Within the Fifth Coast Guard District
DATES: This rule is effective May 8, 2009.
DOCUMENT SUMMARY:
The Coast Guard is establishing 73 permanent safety zones for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these zones during the enforcement periods is prohibited without approval of the appropriate Captain of the Port.
SUMMARY:
Safety Zones: ; Fireworks Displays within the Fifth Coast Guard District,
SUPPLEMENTAL INFORMATION
Regulatory Information
On April 15, 2008, we published a notice of proposed rulemaking (NPRM) entitled, Safety Zones; Fireworks Displays within the Fifth Coast Guard District in the Federal Register (73 FR 20223). On November 14, 2008, we published a Supplemental notice of proposed rulemaking (SNPRM) entitled Safety Zones; Fireworks Displays within the Fifth Coast Guard District in the Federal Register (73 FR 67444). We received two comments on the NPRM. No public meeting was requested, and none was held.
Background and Purpose
In this rule, the Coast Guard revises 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 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 revision of the list of permanent safety zones at
33 CFR 165.506, established for fireworks displays, adds 24 new
locations and modifies five previously established locations within the geographic
[[Page 15846]]
boundary of the Fifth Coast Guard District. This rule increases the
total number of permanent safety zones to 73 locations for fireworks
displays within the boundary of the Fifth Coast Guard District.
This rule adds 24 new safety zone locations to the permanent safety
zones listed in 33 CFR 165.506. The new safety zones are listed in the following table.
Table of Newly Established 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
8. North Atlantic Ocean, Bethany Beach, DE
9. Baltimore Inner Harbor, Patapsco River, MD
10. Anacostia River, Washington, D.C.
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
This rule modifies five previously established safety zones at the following locations: Potomac River, Charles County, MD; Northwest Harbor (West Channel) Patapsco River, MD; Delaware River, Essington, PA; Atlantic Ocean, Virginia Beach, VA, safety zone A; and 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. This limited the opportunity for public comment. Establishing permanent safety zones through notice and comment rulemaking provides the public the opportunity to comment on the zone locations, size and length of time the zones will be enforced.
Each year organizations within 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 may allow persons within the safety zone if conditions permit.
The Coast Guard will publish notices in the Federal Register if an event sponsor reports 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 will 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 will include publication in the Local Notice to Mariners and Marine Information Broadcasts. Marine information and facsimile broadcasts may also be made for these events, 24 to 48 hours before the event is scheduled to begin, to notify the public. The public will also be notified about many of the listed marine events by local newspapers, radio and television stations. The various methods of notification provided by the Coast Guard and local community media outlets will facilitate informing mariners so they can adjust their plans accordingly.
Fireworks barges or launch sites on land used in the locations stated in this rulemaking shall display a sign. The sign will be affixed to the port and starboard side of the barge or mounted on a post 3 feet above ground level when on land and in close proximity to the shoreline facing the water labeled ``FIREWORKSDANGERSTAY AWAY''. This will 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 will 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 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 necessary to protect the safety of life and property on navigable waters during these fireworks events and provides the marine community information on safety zone locations, size, and length of time the zones will be active.
Discussion of Comments and Changes
The Coast Guard received two comments in response to the NPRM which were addressed in the SNPRM published in the Federal Register. The first comment, from the North Carolina Department of Environment and Natural Resources, Division of Coastal Management letter of December 2, 2008 addressed a revision to the Cape Fear River safety zone. Specifically, the New Hanover County, NC Fire Rescue expressed concern that the safety zone, as proposed for Cape Fear River, did not meet the county's fire code. The Coast Guard submitted a revised fireworks safety zone for the Cape Fear River location that was subsequently approved by New Hanover County and Fire Rescue. This change is included in this rule.
The second comment was submitted by the Virginia Department of Environmental Quality, Federal Consistency Coordinator. They suggested that the Atlantic Ocean, Virginia Beach Safety zone be relocated northward of the 14th street Fishing Pier into the vicinity of 17th street. The change was made in this final rule.
Lastly, the Coast Guard revised the safety zone for (b.)24, Anacostia River, Washington, DC. The safety zone was moved approximately 500 yards southeast of the shoreline near Washington Nationals Ball Park to accommodate a barge launch platform. This change was made in the interest of enhancing safety by increasing the pyrotechnic fallout area over the Anacostia River.
The Coast Guard is establishing 73 safety zones on the specified waters listed within the Table to Sec. 165.506.
Regulatory Analyses
We developed this 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.
[[Page 15847]]
Regulatory Planning and Review
This 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 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 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 may adjust their plans accordingly. Notifications to the public for most events will usually be made by local newspapers, radio and TV stations. The Coast Guard anticipates that these safety zones will only be enforced two to three times per year.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601612), we have considered whether this 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 rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners and operators of vessels intending to transit or anchor in the established safety zones during the times these zones are enforced.
This rule will impact mariners desiring to transit the area identified as a safety zone during the times identified within this final rule. The safety zones identified in this final rule 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 will be able to transit safely around the safety zones. Further, those seeking permission to enter the zone may contact the appropriate Captain of the Port or designated Coast Guard patrol personnel on scene to gain entry into the zone. Lastly, before the enforcement period, we will issue maritime advisories widely so as to allow mariners to plan accordingly. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104121), in the NPRM and in the SNPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1888REGFAIR (18887343247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls 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 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why using these
[[Page 15848]]
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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security Management Directive 0023.1 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 concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 21, paragraph (34)(g) of the Instruction, from further environmental documentation. This rule fits the category selected from paragraph (34)(g), as it would establish 73 safety zones.
An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 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. 3306, 3703 and
Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.051, 6.041, 6.046 and
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. The following regulations apply to the fireworks safety zones listed in the Table to Sec. 165.506.
(1) The general regulations contained in 33 CFR 165.23 apply.
(2) These regulations will be enforced annually, for the duration
of each fireworks event listed in the Table to Sec. 165.506. In the
case of inclement weather the event may be conducted on the day
following the date listed in the Table to Sec. 165.506. Annual notice
of the exact dates and times of the enforcement period of the
regulation with respect to each safety zone, the geographical area, and
other details concerning the nature of the fireworks event will be
published in Local Notices to Mariners and transmitted 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 feet by 4 feet with a 3inch orange
retro reflective border. The word ``DANGER'' shall be 10inch black
block letters centered on the sign with the words ``FIREWORKS'' and
``STAY AWAY'' in 6inch 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. The public may also be
notified about many of the listed marine events by local newspapers,
radio and television stations. The various methods of notification
provided by the Coast Guard and local community media outlets will
facilitate informing mariners so they can adjust their plans accordingly.
(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.
[[Page 15849]]
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 Bay, All waters of the
DE, Safety Zone. Indian River Bay
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]43'01.2'' 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 May, North Atlantic Ocean
NJ, Safety Zone. 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.
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, Safety the fireworks barge
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 River, The waters of the
every Thursday, Brick Township, Metedeconk River
September 1st NJ, Safety Zone. within a 300 yard
Thursday. 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, Safety within a 500 yard
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]49'43.2'' 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 or Washington All waters of the
2nd 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 15850]]
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 Branch), Patapsco River,
Baltimore, MD, Middle Branch,
Safety Zone. within an area bound
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 Patapsco River
December 31st. River, MD, within a 150 yard
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 Patapsco River
December 31st. River, MD, within a 100 yard
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 Island, Patuxent River
Calvert County, within a 400 yard
MD, Safety Zone. radius of the
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 Island, Patuxent River
MD, Safety Zone. within a 300 yard
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 15851]]
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 Potomac River within
River, MD, a 300 yard radius of
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.......... JulyDay before Potomac River, All waters of the
Independence National Harbor, Potomac River within
Day holiday, MD, Safety Zone. an area bound by a
Novemberlast 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
Septemberlast 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.......... June2nd 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
September1st 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 350 yard
evening MLB radius of the
games at fireworks barge in
Washington approximate position
Nationals Ball 38[deg]52'16'' N,
Park. 077[deg]00'13'' W,
approximately 500
yards southeast of
the shoreline near
Washington Nationals
Ball Park.
25.......... Junelast 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 RoadsCOTP 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........... May4th Sunday, Isle of Wight All waters of Isle of
June3rd Bay, Ocean City, Wight Bay within a
Monday, June MD, Safety Zone. 350 yard radius of
29th and July the fireworks barge
4th, August in approximate
1st and 4th position latitude
Sunday, August 38[deg]22'32'' N
FOR FURTHER INFORMATION CONTACT
If you have questions on this 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 the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 2023669826.