[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Rules and Regulations]
[Pages 24955-24959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9436]


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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: Final rule.

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SUMMARY: The Coast Guard will 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 zones during 
the enforcement periods is prohibited without approval of the 
appropriate Captain of the Port.

DATES: This rule is effective June 13, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-05-013 and are available for inspection or 
copying at Commander (oax), Fifth Coast Guard District, Room 119, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, 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:

Regulatory Information

    On March 31, 2005, we published a notice of proposed rulemaking 
(NPRM)

[[Page 24956]]

entitled Safety Zones; Fireworks Displays Within the Fifth Coast Guard 
District in the Federal Register (70 FR 16463). We received one letter 
commenting on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    The Coast Guard will 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 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, 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.
    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 will 
allow persons within the safety zone if conditions permit. The Coast 
Guard will 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 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, 
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 will also have a sign on the port 
and starboard side of the barge or mounted on a post 3 feet 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 is or will be enforced on that day. This notice will consist of a 
diamond shaped sign 4 foot by 4 foot with a 3-inch orange retro-
reflective border. The word ``DANGER'' shall be 10 inch black block 
letters centered on the sign with the words ``FIREWORKS'' and ``STAY 
AWAY'' in 6 inch black block letters placed above and below the word 
``DANGER'' respectively on a white background. There 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. 
(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 to provide for the safety of life on navigable waters 
during the event.

Discussion of Comments and Changes

    One letter was received commenting on this rule. The comments in 
the letter indicated that the costs of the signs that provide on scene 
notice with the words ``FIREWORKS'' ``DANGER'' ``STAY AWAY'' would be 
prohibitive to fireworks production companies. Additionally, the 
comments indicated that the fireworks signs would bring undue attention 
to the presence of explosives in a particular area. The Coast Guard 
considers the cost associated to comply with this regulation fair and 
reasonable to ensure a safe event. The cost estimate provided in the 
comments significantly overstated the actual cost of signage required 
by this rule. The signs required by this rule will be posted only on 
the days this rule is enforced, which will not cause undue attention to 
the presence of explosives in the area. This rule's objective is to 
provide mariners on scene notice and clearly establish safety zones by 
using highly visible signs to ensure boating traffic stays well clear 
of designated fireworks fall out areas. No change was made to this 
regulation as a result of the comments received.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this 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 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 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 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

[[Page 24957]]

entities: The owners and operators of vessels intending to transit or 
anchor in the safety zones during the times these zones are enforced.
    These 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this 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 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 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 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 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 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.

[[Page 24958]]

107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.
0
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]1348'' 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.
    (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

[[Page 24959]]

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 shall 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 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. The 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.
    Captain of the Port means 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 or local law enforcement officers mean any State or local 
government law enforcement officer who has the authority to enforce 
State criminal laws.

    Dated: May 3, 2005.
Lawrence J. Bowling,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, 
Acting.
[FR Doc. 05-9436 Filed 5-11-05; 8:45 am]
BILLING CODE 4910-15-P