[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Proposed Rules]
[Pages 16463-16469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6140]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-05-013]
RIN 1625-AA00


Safety Zones; Fireworks Displays Within the Fifth Coast Guard 
District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 34 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 
proposed zones during the enforcement periods is prohibited without 
approval of the appropriate Captain of the Port.

DATES: Comments and related material must reach the Coast Guard on or 
before May 2, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, or hand-deliver them to Room 119 at the same 
address between 9 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays, or fax them to (757) 398-6203. The Auxiliary and 
Recreational Boating Safety Branch, Fifth Coast Guard District, 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the above 
address between 9 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, 
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-05-
013), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address listed 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 notice in the Federal Register.

Background and Purpose

    The Coast Guard proposes to establish 34 permanent safety zones 
that will be enforced for fireworks displays occurring throughout the 
year that are held on an annual basis and normally held in one of these 
34 locations. The 34 locations are: Patuxent River Solomons Island, MD; 
Middle River, MD; Northeast River, MD; Potomac River, Charles County, 
MD; Baltimore Inner Harbor, Patapsco River, MD; Northwest Harbor 
(Western Section), Patapsco River, MD; Northwest Harbor (East Channel), 
Patapsco River, MD; Washington Channel, Upper Potomac River, 
Washington, DC; Dukeharts Channel, Potomac River, Coltons Point, MD; 
Severn River and Spa Creek, Annapolis, MD; Miles River, St. Michaels, 
MD; Chesapeake Bay, Chesapeake Beach, MD; Choptank River, Cambridge, 
MD; Chester River, Kent Island Narrows, MD; Atlantic Ocean, Ocean City, 
MD; Isle of Wight Bay, MD; Assawoman Bay, Fenwick Island, MD; Atlantic 
Ocean, Rehoboth Beach, DE; Indian River Bay, DE; Little Egg Harbor, NJ; 
Barnegat Bay, NJ; Delaware Bay, North Cape May, NJ; Delaware River, 
Philadelphia, PA; Morehead City Harbor Channel, Morehead City, NC; 
Green Creek and Smith Creek, Oriental, NC; Pamlico River, Washington, 
NC; Neuse River, New Bern, NC; Cape Fear River,

[[Page 16464]]

Southport, NC; Cape Fear River, Wilmington, NC; Upper Potomac River, 
Alexandria, VA; Potomac River, Prince William County, VA; Chincoteague 
Channel, Chincoteague, VA; Atlantic Ocean, Virginia Beach, VA; and 
Elizabeth River, Southern Branch, Norfolk, VA. The Coast Guard received 
over 50 applications in these areas between January 2004 and January 
2005. Previously a temporary safety zone was typically established on 
an emergency basis for each display. This limited the opportunity for 
public comment. Establishing 34 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 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. 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 have a sign on the port and starboard side of the barge or mounted 
on a post 3 foot above ground level when on land and facing the water 
labeled ``FIREWORKS--DANGER--STAY AWAY''. This would 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 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. (e.s.t.) to 1 a.m. (e.s.t.). 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 event and to give the marine community the 
opportunity to comment on the proposed zone locations, size, and length 
of time the zone will be active.

Discussion of Proposed Rule

Patuxent River, Solomons Island, MD, Safety Zone

    The proposed safety zone includes all waters of Patuxent River in 
an area bound by the following points: 38[deg]19''42' N, 
076[deg]28''02' W; thence to 38[deg]19''26' N, 076[deg]28''18' W; 
thence to 38[deg]18''48' N, 076[deg]27''42' W; thence to 38[deg]19''06' 
N, 076[deg]27''25' W; (Datum NAD 1983), thence to the point of origin.

Middle River, Baltimore County, MD, Safety Zone

    The proposed safety zone includes all waters of the Middle River 
within a 300 yard radius of the fireworks barge in approximate position 
39[deg]17'45'' N, 076[deg]23'49'' W (Datum NAD 1983), about 300 yards 
east of Rockaway Beach, near Turkey Point.

Northeast River, North East, MD, Safety Zone

    The proposed safety zone includes all waters of the Northeast River 
within a 300 yard radius of the fireworks barge in approximate position 
39[deg]35'26'' N, 075[deg]57'00'' W (Datum NAD 1983), approximately 400 
yards south of North East Community Park.

Potomac River, Charles County, MD, Safety Zone

    The proposed safety zone includes all waters of the Potomac River 
within a 250 yard radius of the fireworks barge in approximate position 
38[deg]20'30'' N, 077[deg]14'30'' W (Datum NAD 1983), located near 
Fairview Beach, Virginia.

Baltimore Inner Harbor, Patapsco River, MD, Safety Zone

    The proposed safety zone includes all waters of the Patapsco River 
within a 150 yard radius of the fireworks barge in approximate position 
39[deg]16'55'' N, 076[deg]36'17'' W (Datum NAD 1983), located at the 
entrance to Baltimore Inner Harbor, approximately 150 yards southwest 
of pier 6.

Northwest Harbor, (Western Section) Patapsco River, MD, Safety Zone

    The proposed safety zone includes all waters of the Patapsco River 
within a 250 yard radius of the fireworks barge in approximate position 
39[deg]16'37'' N, 076[deg]35'54'' W (Datum NAD 1983), located near the 
western end of Northwest Harbor.

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

    The proposed safety zone includes all waters of the Patapsco River 
within a 300 yard radius of the fireworks barge in approximate position 
39[deg]15'55'' N, 076[deg]34'35'' W (Datum NAD 1983), located adjacent 
to the East Channel of Northwest Harbor.

Washington Channel, Upper Potomac River, Washington, DC, Safety Zone

    The proposed safety zone includes all waters of the Upper Potomac 
River within a 150 yard radius of the fireworks barge in approximate 
position 38[deg]52'09'' N, 077[deg]01'13'' W (Datum NAD 1983).

Dukeharts Channel, Potomac River, MD, Safety Zone

    The proposed safety zone includes all waters of the Potomac River 
within a 150 yard radius of the fireworks barge in approximate position 
38[deg]13'48'' N, 076[deg]44'37'' W (Datum NAD 1983), located adjacent 
to Dukeharts Channel near Coltons Point, Maryland.

Severn River and Spa Creek, Annapolis, MD, Safety Zone

    The proposed safety zone includes all waters of the Severn River 
and Spa Creek within an area bounded by a line drawn from 
38[deg]58'39.6'' N, 076[deg]28'49'' W; thence to 38[deg]58'41'' N, 
076[deg]28'14'' W; thence to 38[deg]59'01'' N, 076[deg]28'37'' W; 
thence to 38[deg]58'57'' N, 076[deg]28'40'' W (Datum NAD 1983), located 
near the entrance to Spa Creek in Annapolis, Maryland.

Miles River, St. Michaels, MD, Safety Zone

    The proposed safety zone includes all waters of the Miles River 
within a 200 yard radius of the fireworks barge in approximate position 
38[deg]47'42'' N, 076[deg]12'23'' W (Datum NAD 1983), located near the 
waterfront of St. Michaels, Maryland.

[[Page 16465]]

Chesapeake Bay, Chesapeake Beach, MD, Safety Zone

    The proposed safety zone includes all waters of the Chesapeake Bay 
within a 150 yard radius of the fireworks barge in approximate position 
38[deg]41'33'' N, 076[deg]31'48'' W (Datum NAD 1983), located near 
Chesapeake Beach, Maryland.

Choptank River, Cambridge, MD, Safety Zone

    The proposed safety zone includes all waters of the Choptank River 
within a 300 yard radius of the fireworks launch site at Great Marsh 
Point, located at 38[deg]35'06'' N, 076[deg]04'46'' W (Datum NAD 1983).

Chester River, Kent Island Narrows, MD, Safety Zone

    The proposed safety zone includes all waters of the Chester River 
within a 250 yard radius of the fireworks barge in approximate position 
38[deg]58'51.6'' N, 076[deg]14'49.8'' W (Datum NAD 1983), about 500 
yards west of the northern approach to Kent Island Narrows channel.

Atlantic Ocean, Ocean City, MD, Safety Zone

    The proposed safety zone includes all waters of the Atlantic Ocean 
in an area bound by the following points: 38[deg]19'39.9'' N, 
075[deg]05'03.2'' W; thence to 38[deg]19'36.7'' N, 075[deg]04'53.5'' W; 
thence to 38[deg]19'45.6'' N, 075[deg]04'49.3'' W; thence to 
38[deg]19'49.1'' N, 075[deg]05'00.5'' W (Datum NAD 1983), 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.

Isle of Wight Bay, Ocean City, MD, Safety Zone

    The proposed safety zone includes all waters of Isle of Wight Bay 
within a 350 yard radius of the fireworks barge in approximate position 
38[deg]22'32'' N, 075[deg]04'30'' W (Datum NAD 1983). The proposed 
safety zone extends approximately 700 yards west of 49th Street, Ocean 
City, MD.

Assawoman Bay, Fenwick Island--Ocean City, MD, Safety Zone

    The proposed safety zone includes all waters of Assawoman Bay 
within a 360 yard radius of the fireworks launch location on the pier 
at the West end of Northside Park, in approximate position 
38[deg]25'57.6'' N, 075[deg]03'55.8'' W (Datum NAD 1983).

Atlantic Ocean, Rehoboth Beach, DE, Safety Zone

    The proposed safety zone includes all waters of the Atlantic Ocean 
within a 360 yard radius of the fireworks barge in approximate position 
38[deg]43'01.2'' N, 075[deg]04'21'' W (Datum NAD 1983), about 400 yards 
east of Rehoboth Beach, DE.

Indian River Bay, DE, Safety Zone

    The proposed safety zone includes all waters of the Indian River 
Bay within a 360 yard radius of the fireworks launch location on the 
pier in approximate position 38[deg]36'42'' N, 075[deg]08'18'' W (Datum 
NAD 1983), about 700 yards east of Pots Net Point, DE.

Little Egg Harbor, Parker Island, NJ, Safety Zone

    The proposed safety zone includes all waters of Little Egg Harbor 
within a 500 yard radius of the fireworks barge in approximate position 
39[deg]34'18'' N, 074[deg]14'43'' W (Datum NAD 1983), about 100 yards 
north of Parkers Island.

Barnegat Bay, Ocean Township, NJ, Safety Zone

    The proposed safety zone includes all waters of Barnegat Bay within 
a 500 yard radius of the fireworks barge in approximate position 
39[deg]47'33'' N, 074[deg]10'46'' W (Datum NAD 1983).

Delaware Bay, North Cape May, NJ, Safety Zone

    The proposed safety zone includes all waters of the Delaware Bay 
within a 500 yard radius of the fireworks barge in approximate position 
38[deg]58'00'' N, 074[deg]58'30'' W (Datum NAD 1983).

Delaware River, Philadelphia, PA, Safety Zone

    The proposed safety zone includes all waters of Delaware River, 
adjacent to Penns 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 39[deg]56'31.2'' N, 075[deg]08'28.1'' W; 
thence to 39[deg]56'29.1'' N, 075[deg]07'56.5'' W, and bounded on the 
north by the Benjamin Franklin Bridge (Datum NAD 1983). The size of the 
zone to be enforced during any fireworks display would be within 500 
yards of the fireworks barge.

Morehead City Harbor Channel, NC, Safety Zone

    The proposed safety zone includes all waters of Morehead City 
Harbor Channel that fall within a 360 yard radius of latitude 
34[deg]43'01'' N, 076[deg]42'59.6'' W, a position located at the west 
end of Sugar Loaf Island. The fireworks display is launched from Sugar 
Loaf Island and the hazardous fallout area extends over Morehead City 
Harbor Channel.

Cape Fear River, Wilmington, NC, Safety Zone

    The proposed safety zone includes all waters of the Cape Fear River 
within an area bound by a line drawn from the following points: 
34[deg]14'12'' N, 077[deg]57'07.2'' W; thence to 34[deg]14'12'' N, 
077[deg]57'06'' W; thence to 34[deg]13'54'' N, 077[deg]57'00'' W; 
thence to 34[deg]13'54'' N, 077[deg]57'06'' W; thence to the point of 
origin, (Datum NAD 1983), located 500 yards north of Cape Fear Memorial 
Bridge.

Cape Fear River, Southport, NC, Safety Zone

    The proposed safety zone includes all waters of the Cape Fear River 
within a 600 yard radius of the fireworks barge in approximate position 
33[deg]54'40'' N, 078[deg]01'18'' W (Datum NAD 1983), about 600 yards 
south of the waterfront at Southport, NC.

Green Creek and Smith Creek, Oriental, NC, Safety Zone

    The proposed safety zone includes all waters of Green Creek and 
Smith Creek that fall within a 300 yard radius of the fireworks launch 
site at 35[deg]01'29.6'' N, 076[deg]42'10.4'' W (Datum NAD 1983), 
located near the entrance to the Neuse River in the vicinity of 
Oriental, NC.

Pamlico River, Washington, NC, Safety Zone

    The proposed safety zone includes all waters of the Pamlico River 
that fall within a 300 yard radius of the fireworks launch site at 
35[deg]32'19'' N, 077[deg]03'20.5'' W (Datum NAD 1983), located 500 
yards north of Washington railroad trestle bridge.

Neuse River, New Bern, NC, Safety Zone

    The proposed safety zone includes all waters of the Neuse River 
within a 360 yard radius of the fireworks barge in approximate position 
35[deg]06'07.1'' N, 077[deg]01'35.8'' W (Datum NAD 1983), located 420 
yards north of the New Bern, Twin Span, high rise bridge.

Upper Potomac River, Alexandria, VA, Safety Zone

    The proposed safety zone includes all waters of the Upper Potomac 
River within a 300 yard radius of the fireworks barge in approximate 
position 38[deg]48'37'' N, 077[deg]02'02'' W (Datum NAD 1983), located 
near the waterfront of Alexandria, Virginia.

[[Page 16466]]

Potomac River, Prince William County, VA, Safety Zone

    The proposed safety zone includes all waters of the Potomac River 
within a 200 yard radius of the fireworks barge in approximate position 
38[deg]34'08'' N, 077[deg]15'34'' W (Datum NAD 1983), located near 
Cherry Hill, Virginia.

Chincoteague Channel, Chincoteague, VA, Safety Zone

    The proposed safety zone includes all waters of the Chincoteague 
Channel within a 360 yard radius of the fireworks launch location at 
the Chincoteague carnival waterfront in approximate position 
37[deg]55'40.3'' N, 075[deg]23'10.7'' W (Datum NAD 1983), about 900 
yards southwest of Chincoteague Swing Bridge.

Atlantic Ocean, Virginia Beach, VA, Safety Zone

    The proposed safety zone includes all waters of the Atlantic Ocean 
enclosed within a 360 yard radius of the center located on the beach at 
approximate position 36[deg]51'34.8'' N, 075[deg]58'30'' W (Datum NAD 
1983).

Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone

    The proposed safety zone includes all waters of Elizabeth River 
Southern Branch in an area bound by the following points: 
36[deg]50'54.8'' N, 076[deg]18'10.7'' W; thence to 36[deg]51'7.9'' N, 
076[deg]18'01'' W; thence to 36[deg]50'45.6'' N, 076[deg]17'44.2'' W; 
thence to 36[deg]50'29.6'' N, 076[deg]17'23.2'' W; thence to 
36[deg]50'7.7'' N, 076[deg]17'32.3'' W; thence to 36[deg]49'58'' N, 
076[deg]17'28.6'' W; thence to 36[deg]49'52.6'' N, 076[deg]17'43.8'' W; 
thence to 36[deg]50'27.2'' N, 076[deg]17'45.3'' W thence to the point 
of origin,(Datum NAD 1983). The size of the zone to be enforced during 
any fireworks display would be within 500 yards of the fireworks barge.

Regulatory Evaluation

    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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS 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 may 
also be made to notify the public. Additionally, the Coast Guard 
anticipates that these safety zones 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 effect 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 can 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 (Public Law 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 1-888-REG-FAIR (1-888-734-3247). 
The Coast Guard will not retaliate against small entities that question 
or complain about this rule or any policy or action of the Coast Guard.

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

[[Page 16467]]

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.

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 Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. This rule fits the category selected from 
paragraph (34)(g), as it would establish 34 safety zones.
    A draft ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES. Comments on this section will be 
considered before we make the final decision on whether the rule should 
be categorically excluded from further environmental review.

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; 50 
U.S.C. 191; 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.506 to read as follows:


Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks 
Displays.

    (a) Locations. (1) Patuxent River, Solomons Island, MD, Safety 
Zone. All waters of Patuxent River within a 300 yard radius of the 
fireworks barge in an area bound by the following points: 38[deg] 
19'42'' N, 076[deg] 28'02'' W; thence to 38[deg] 19'26'' N, 076[deg] 
28'18'' W; thence to 38[deg] 18'48'' N, 076[deg] 27'42'' W; thence to 
38[deg] 19'06'' N 076[deg] 27'25'' W; (Datum NAD 1983), thence to the 
point of origin, located near Solomons Island, MD.
    (2) Middle River, Baltimore County, MD, Safety Zone. All waters of 
the Middle River within a 300 yard radius of the fireworks barge in 
approximate position 39[deg] 17'45'' N, 076[deg] 23'49'' W (Datum NAD 
1983), approximately 300 yards east of Rockaway Beach, near Turkey 
Point.
    (3) Northeast River, North East, MD, Safety Zone. All waters of the 
Northeast River within a 300 yard radius of the fireworks barge in 
approximate position 39[deg] 35'26'' N, 075[deg] 57'00'' W (Datum NAD 
1983), approximately 400 yards south of North East Community Park.
    (4) Potomac River, Charles County, MD, Safety Zone. All waters of 
the Potomac River within a 250 yard radius of the fireworks barge in 
approximate position 38[deg] 20'30'' N, 077[deg] 14'30'' W (Datum NAD 
1983), located near Fairview Beach, Virginia.
    (5) Baltimore Inner Harbor, Patapsco River, MD, Safety Zone. All 
waters of the Patapsco River within a 150 yard radius of the fireworks 
barge in approximate position 39[deg] 16'55'' N, 076[deg] 36'17'' W 
(Datum NAD 1983), located at the entrance to Baltimore Inner Harbor, 
approximately 150 yards southwest of pier 6.
    (6) Northwest Harbor, (Western Section) Patapsco River, MD, Safety 
Zone. All waters of the Patapsco River within a 250 yard radius of the 
fireworks barge in approximate position 39[deg] 16'37'' N, 076[deg] 
35'54'' W (Datum NAD 1983), located near the western end of Northwest 
Harbor.
    (7) Northwest Harbor (East Channel), Patapsco River, MD, Safety 
Zone. All waters of the Patapsco River within a 300 yard radius of the 
fireworks barge in approximate position 39[deg] 15'55'' N, 076[deg] 
34'35'' W (Datum NAD 1983), located adjacent to the East Channel of 
Northwest Harbor.
    (8) Washington Channel, Upper Potomac River, Washington, DC, Safety 
Zone. All waters of the Upper Potomac River within a 150 yard radius of 
the fireworks barge in approximate position 38[deg] 52'09'' N, 077[deg] 
01'13'' W (Datum NAD 1983), located within the Washington Channel in 
Washington Harbor, DC.
    (9) Dukeharts Channel, Potomac River, MD, Safety Zone. All waters 
of the Potomac River within a 150 yard radius of the fireworks barge in 
approximate position 38[deg] 13'48'' N, 076[deg] 44'37'' W (Datum NAD 
1983), located adjacent to Dukeharts Channel near Coltons Point, 
Maryland.
    (10) Severn River and Spa Creek, Annapolis, MD, Safety Zone. All 
waters of the Severn River and Spa Creek within an area bounded by a 
line drawn from 38[deg]58'39.6'' N, 076[deg] 28'49'' W; thence to 
38[deg] 58'41'' N, 076[deg] 28'14'' W; thence to 38[deg] 59'01'' N, 
076[deg] 28'37'' W; thence to 38[deg] 58'57'' N, 076[deg] 28'40'' W 
(Datum NAD 1983), located near the entrance to Spa Creek in Annapolis, 
Maryland.
    (11) Miles River, St. Michaels, MD, Safety Zone. All waters of the 
Miles River within a 200 yard radius of the fireworks barge in 
approximate position 38[deg] 47'42'' N, 076[deg] 12'23'' W (Datum NAD 
1983), located near the waterfront of St. Michaels, Maryland.

[[Page 16468]]

    (12) Chesapeake Bay, Chesapeake Beach, MD, Safety Zone. All waters 
of the Chesapeake Bay within a 150 yard radius of the fireworks barge 
in approximate position 38[deg] 41'33'' N, 076[deg] 31'48'' W (Datum 
NAD 1983), located near Chesapeake Beach, Maryland.
    (13) Choptank River, Cambridge, MD, Safety Zone. All waters of the 
Choptank River within a 300 yard radius of the fireworks launch site at 
Great Marsh Point, located at 38[deg] 35'06'' N, 076[deg] 04'46'' W 
(Datum NAD 1983).
    (14) Chester River, Kent Island Narrows, MD, Safety Zone. All 
waters of the Chester River within a 250 yard radius of the fireworks 
barge in approximate position 38[deg] 58'51.6'' N, 076[deg] 14'49.8'' W 
(Datum NAD 1983), approximately 500 yards west of the northern approach 
to Kent Island Narrows channel.
    (15) Atlantic Ocean, Ocean City, MD, Safety Zone. All waters of the 
Atlantic Ocean in an area bound by the following points: 38[deg] 
19'39.9'' N, 075[deg] 05'03.2'' W; thence to 38[deg] 19'36.7'' N, 
075[deg] 04'53.5'' W; thence to 38[deg] 19'45.6'' N, 075[deg] 04'49.3'' 
W; thence to 38[deg] 19'49.1'' N, 075[deg] 05'00.5'' W; (Datum NAD 
1983), 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.
    (16) Isle of Wight Bay, Ocean City, MD, Safety Zone. All waters of 
Isle of Wight Bay within a 350 yard radius of the fireworks barge in 
approximate position 38[deg] 22'32'' N, 075[deg] 04'30'' W (Datum NAD 
1983).
    (17) Assawoman Bay, Fenwick Island--Ocean City, MD, Safety Zone. 
All waters of Assawoman Bay within a 360 yard radius of the fireworks 
launch location on the pier at the West end of Northside Park, in 
approximate position 38[deg] 25'57.6'' N, 075[deg] 03'55.8'' W (Datum 
NAD 1983).
    (18) Atlantic Ocean, Rehoboth Beach, DE, Safety Zone. All waters of 
the Atlantic Ocean within a 360 yard radius of the fireworks barge in 
approximate position 38[deg] 43'01.2'' N, 075[deg] 04'21'' W (Datum NAD 
1983), approximately 400 yards east of Rehoboth Beach, DE.
    (19) Indian River Bay, DE, Safety Zone. All waters of the Indian 
River Bay within a 360 yard radius of the fireworks launch location on 
the pier in approximate position 38[deg] 36'42'' N, 075[deg] 08'18'' W 
(Datum NAD 1983), about 700 yards east of Pots Net Point, DE.
    (20) Little Egg Harbor, Parker Island, NJ, Safety Zone. All waters 
of Little Egg Harbor within a 500 yard radius of the fireworks barge in 
approximate position 39[deg] 34'18'' N, 074[deg] 14'43'' W (Datum NAD 
1983), approximately 100 yards north of Parkers Island.
    (21) Barnegat Bay, Ocean Township, NJ, Safety Zone. All waters of 
Barnegat Bay within a 500 yard radius of the fireworks barge in 
approximate position 39[deg] 47'33'' N, 074[deg] 10'46'' W (Datum NAD 
1983).
    (22) Delaware Bay, North Cape May, NJ, Safety Zone. All waters of 
the Delaware Bay within a 500 yard radius of the fireworks barge in 
approximate position 38[deg] 58'00'' N, 074[deg] 58'30'' W (Datum NAD 
1983).
    (23) Delaware River, Philadelphia, PA, Safety Zone. All waters of 
Delaware River, adjacent to Penns 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 39[deg] 56'31.2'' N, 
075[deg] 08'28.1'' W; thence to 39[deg] 56'29.1'' N, 075[deg] 07'56.5'' 
W, and bounded on the north by the Benjamin Franklin Bridge, (Datum NAD 
1983).
    (24) Morehead City Harbor Channel, NC, Safety Zone. All waters of 
Morehead City Harbor Channel that fall within a 360 yard radius of 
latitude 34[deg] 43'01'' N, 076[deg] 42'59.6'' W, a position located at 
the west end of Sugar Loaf Island, NC.
    (25) 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: 34[deg] 14'12'' N, 077[deg] 57'07.2'' W; thence to 
34[deg] 14'12'' N, 077[deg] 57'06'' W; thence to 34[deg]13'54'' N, 
077[deg] 57'00'' W;, thence to 34[deg] 13'54'' N, 077[deg] 57'06'' W; 
thence to the point of origin, (Datum NAD 1983), located 500 yards 
north of Cape Fear Memorial Bridge.
    (26) Cape Fear River, Southport, NC, Safety Zone. All waters of the 
Cape Fear River within a 600 yard radius of the fireworks barge in 
approximate position 33[deg] 54'40'' N, 078[deg] 01'18'' W (Datum NAD 
1983), approximately 700 yards south of the waterfront at Southport, 
NC.
    (27) Green Creek and Smith Creek, Oriental, NC, Safety Zone. All 
waters of Green Creek and Smith Creek that fall within a 300 yard 
radius of the fireworks launch site at 35[deg] 01'29.6'' N, 076[deg] 
42'10.4'' W (Datum NAD 1983), located near the entrance to the Neuse 
River in the vicinity of Oriental, NC.
    (28) Pamlico River, Washington, NC, Safety Zone. All waters of the 
Pamlico River that fall within a 300 yard radius of the fireworks 
launch site at 35[deg] 32'19'' N, 077[deg] 03'20.5'' W (Datum NAD 
1983), located 500 yards north of Washington railroad trestle bridge.
    (29) Neuse River, New Bern, NC, Safety Zone. All waters of the 
Neuse River within a 360 yard radius of the fireworks barge in 
approximate position 35[deg] 06'07.1'' N, 077[deg] 01'35.8'' W (Datum 
NAD 1983), located 420 yards north of the New Bern, Twin Span, high 
rise bridge.
    (30) Upper Potomac River, Alexandria, VA, Safety Zone. All waters 
of the Upper Potomac River within a 300 yard radius of the fireworks 
barge in approximate position 38[deg] 48'37'' N, 077[deg] 02'02'' W 
(Datum NAD 1983), located near the waterfront of Alexandria, Virginia.
    (31) Potomac River, Prince William County, VA, Safety Zone. All 
waters of the Potomac River within a 200 yard radius of the fireworks 
barge in approximate position 38[deg] 34'08'' N, 077[deg] 15'34'' W 
(Datum NAD 1983), located near Cherry Hill, Virginia.
    (32) Chincoteague Channel, Chincoteague, VA, Safety Zone. All 
waters of the Chincoteague Channel within a 360 yard radius of the 
fireworks launch location at the Chincoteague carnival waterfront in 
approximate position 37[deg] 55'40.3'' N, 075[deg] 23'10.7'' W (Datum 
NAD 1983), approximately 900 yards southwest of Chincoteague Swing 
Bridge.
    (33) Atlantic Ocean, Virginia Beach, VA, Safety Zone. All waters of 
the Atlantic Ocean enclosed within a 360 yard radius of the center 
located on the beach at approximate position 36[deg] 51'34.8'' N, 
075[deg] 58'30'' W (Datum NAD 1983).
    (34) Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone: 
All waters of Elizabeth River Southern Branch in an area bound by the 
following points: 36[deg] 50'54.8'' N, 076[deg] 18'10.7'' W; thence to 
36[deg] 51'7.9'' N, 076[deg] 18'01'' W; thence to 36[deg] 50'45.6'' N, 
076[deg] 17'44.2'' W; thence to 36[deg] 50'29.6'' N, 076[deg] 17'23.2'' 
W; thence to 36[deg] 50'7.7'' N, 076[deg] 17'32.3'' W; thence to 
36[deg] 49'58'' N, 076[deg] 17'28.6'' W; thence to 36[deg] 49'52.6'' N, 
076[deg] 17'43.8'' W; thence to 36[deg] 50'27.2'' N, 076[deg] 17'45.3'' 
W thence to the point of origin,(Datum NAD 1983).
    (b) Notification. (1) Fireworks barges and launch sites on land in 
paragraph (a) of this section will have a sign on the port and 
starboard side of the barge or mounted on a post 3 foot above ground 
level when on land 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

[[Page 16469]]

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, including 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) Enforcement Period. This safety zones in paragraph (a) of this 
section 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, in a location listed in paragraph (a) of this section. 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.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) 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 compromised of commissioned, warrant, 
and petty officers of the Coast Guard. Other Federal, State and local 
agencies may assist these personnel in the enforcement of the safety 
zone. Upon being hailed by the U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed 
as directed.
    (e) Definitions.
    The Captain of the Port is any Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port to act 
on his or her behalf.
    State and/or local law enforcement officers are any State or local 
government law enforcement officer who has the authority to enforce 
State criminal laws.

    Dated: March 7, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-6140 Filed 3-30-05; 8:45 am]
BILLING CODE 4910-15-P