[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37829-37833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15045]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0590]
RIN 1625-AA00


Safety Zones; Fireworks Displays Within the Sector Delaware Bay 
Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish several safety zones for 
fireworks displays at various locations within the geographic boundary 
of the Sector Delaware Bay Captain of the Port Zone. 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 Captain of the Port.

DATES: This rule is effective from July 3, 2008 through September 6, 
2008.

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 USCG-2008-0590 and are available online at 
www.regulations.gov. This material is also available for inspection or 
copying at two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and Coast Guard 
Sector Delaware Bay, One Washington Avenue, Philadelphia, Pennsylvania 
19147 between 7:30 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call MST2 Jan-Michael Myers, Waterways Management 
Division, at (215) 271-4889. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule, publishing an NPRM would be impracticable 
and contrary to public interest since immediate action is needed to 
minimize potential danger to the public during this safety zone. The 
Coast Guard will issue a broadcast notice to mariners to advise 
mariners of the restriction and on scene Coast Guard and local law 
enforcement assets will also provide notice to mariners.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the public interest, because immediate action is needed 
to ensure the safety of the event. However, notifications will be made 
to users of the effected areas via marine information broadcasts, local 
notice to mariners, commercial radio stations and area newspapers. 
Safety zones are enforced during fireworks displays in order to prevent 
personal injury to mariners and damage to vessel traffic as a result of 
burning debris in the secured fallout area. Coast Guard assets and the 
on scene patrol commander serve to protect mariners on the navigable 
waterways during these permitted marine events.

Background and Purpose

    Each year organizations in the Sector Delaware Bay Captain of the 
Port Zone sponsor fireworks displays in the same general location and 
time period. Each event uses a barge or an on-shore site near the 
shoreline as the fireworks launch platform. A safety zone is used to 
control vessel movement within a

[[Page 37830]]

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. Seven 
locations require the establishment of safety zones. These locations 
are the following: 1. North Atlantic Ocean, Bethany Beach, DE; 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. North Atlantic Ocean, Ocean City, NJ; 7. Metedeconk River, 
Brick Township, NJ.
    The Coast Guard Captain of the Port would give notice of the 
enforcement of each safety zone by all appropriate mean to provide the 
widest publicity among 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.
    This rule is to provide for the safety of life on navigable waters 
during the events and to give the marine community adequate notice of 
the specific locations and times for each event.

Discussion of Rule

    The Coast Guard revises the regulations by adding the following 
seven temporary safety zone locations. All coordinates listed for the 
following safety zones reference Datum NAD 1983.

North Atlantic Ocean, Bethany Beach, DE, Safety Zone

    The waters of the North Atlantic Ocean within a 500 yard radius of 
the fireworks launch platform in approximate position latitude 
38[deg]32'08'' N, longitude 075[deg]03'15'' W, on the shoreline at 
Bethany Beach, DE.

North Atlantic Ocean, Avalon, NJ, Safety Zone

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

Barnegat Bay, Barnegat Township, NJ, Safety Zone

    The waters of Barnegat Bay within a 500 yard radius of the 
fireworks barge in approximate position latitude 39[deg]44'50'' N, 
longitude 074[deg]11'21'' W, approximately 70 yards north of Conklin 
Island, NJ.

North Atlantic Ocean, Cape May, NJ, Safety Zone

    The waters of the North Atlantic Ocean within a 500 yard radius of 
the fireworks barge in approximate position latitude 38[deg]55'36'' N, 
longitude 074[deg]55'26'' W, immediately adjacent to the shoreline at 
Cape May, NJ.

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

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

North Atlantic Ocean, Ocean City, NJ, Safety Zone

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

Metedeconk River, Brick Township, NJ, Safety Zone

    The waters of the Metedeconk River within a 300 yard radius of the 
fireworks launch platform in approximate position latitude 
40[deg]03'24'' N, longitude 074[deg]06'42'' W, on the shoreline at 
Brick Township, NJ.

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.

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. Although this regulation restricts vessel 
traffic from transiting a small segments of coastal waters and the 
intracoastal waterway, the effect of this regulation will not be 
significant due to the limited durations that the regulated areas will 
be in effect and the extensive advance notifications that will be made 
to the maritime community via marine information broadcasts and area 
newspapers so mariners can adjust their plans accordingly.

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 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 operator 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 periods 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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 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 calls for no new collection of information under the 
Paperwork

[[Page 37831]]

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 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 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.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded, 
under the Instruction, 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, an environmental 
analysis checklist and a categorical exclusion determination are not 
required for this rule because the included events are all of very 
short duration lasting only 2 hours or less each.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 
116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary 165.T05-001, to read as follows:


Sec.  165.T05-001  North Atlantic Ocean, Bethany Beach, DE, Safety 
Zone.

    (a) Location. The following area is a temporary safety zone: The 
waters of the North Atlantic Ocean within a 500 yard radius of the 
fireworks launch platform in approximate location latitude 
38[deg]32'08'' N, longitude 075[deg]03'15'' W, on the shoreline of 
Bethany Beach, DE.
    (b) Effective Period. The effective period for this event is on 
July 4, 2008 from 9 p.m. to 9:30 p.m.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Coast Guard or designated 
representatives. Any person or vessel authorized to enter the safety 
zone must operate in strict conformance with any directions given by 
the Coast Guard or designated representative and leave the safety zone 
immediately if the Coast Guard or designated representative so orders.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at (215) 271-4807.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Definitions. The Captain of the Port means the Commanding 
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant 
or petty officer who has been authorized by the Captain of the Port to 
act on his behalf.

0
3. Add temporary Sec.  165.T05-002, to read as follows:


Sec.  165.T05-002  North Atlantic Ocean, Avalon, NJ, Safety Zone.

    (a) Location. The following area is a temporary safety zone: The 
waters of the

[[Page 37832]]

North Atlantic Ocean within a 500 yard radius of the fireworks barge in 
approximate location latitude 39[deg]05'31'' N, longitude 
074[deg]43'00'' W, in the vicinity of the shoreline at Avalon, NJ.
    (b) Effective Period. The effective period for this event is on 
July 5, 2008 from 8 p.m. to 10 p.m.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Coast Guard or designated 
representatives. Any person or vessel authorized to enter the safety 
zone must operate in strict conformance with any directions given by 
the Coast Guard or designated representative and leave the safety zone 
immediately if the Coast Guard or designated representative so orders.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at (215) 271-4807.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Definitions. The Captain of the Port means the Commanding 
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant 
or petty officer who has been authorized by the Captain of the Port to 
act on his behalf.

0
4. Add temporary Sec.  165.T05-003, to read as follows:


Sec.  165.T05-003  Barnegat Bay, Barnegat Township, NJ, Safety Zone.

    (a) Location. The following area is a temporary safety zone: The 
waters of Barnegat Bay within a 500 yard radius of the fireworks barge 
in approximate position latitude 39[deg]44'50'' N, longitude 
074[deg]11'21'' W, approximately 70 yards north of Conklin Island, NJ.
    (b) Effective Period. The effective period for this event is on 
July 4, 2008 from 9:15 p.m. to 9:45 p.m.; and on September 6, 2008 from 
9 p.m. to 9:30 p.m.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Coast Guard or designated 
representatives. Any person or vessel authorized to enter the safety 
zone must operate in strict conformance with any directions given by 
the Coast Guard or designated representative and leave the safety zone 
immediately if the Coast Guard or designated representative so orders.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at (215) 271-4807.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Definitions. The Captain of the Port means the Commanding 
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant 
or petty officer who has been authorized by the Captain of the Port to 
act on his behalf.

0
5. Add temporary Sec.  165.T05-004, to read as follows:


Sec.  165.T05-004  North Atlantic Ocean, Cape May, NJ, Safety Zone.

    (a) Location. The following area is a temporary safety zone: The 
waters of the North Atlantic Ocean within a 500 yard radius of the 
fireworks barge in approximate position latitude 38[deg]55'36'' N, 
longitude 074[deg]55'26'' W, immediately adjacent to the shoreline at 
Cape May, NJ.
    (b) Effective Period. The effective period for this event is on 
July 4, 2008 from 9 p.m. to 9:30 p.m.; with a rain date of July 5, 
2008.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Coast Guard or designated 
representatives. Any person or vessel authorized to enter the safety 
zone must operate in strict conformance with any directions given by 
the Coast Guard or designated representative and leave the safety zone 
immediately if the Coast Guard or designated representative so orders.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at (215) 271-4807.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Definitions. The Captain of the Port means the Commanding 
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant 
or petty officer who has been authorized by the Captain of the Port to 
act on his behalf.

0
6. Add temporary Sec.  165.T05-005, to read as follows:


Sec.  165.T05-005  Great Egg Harbor Inlet, Margate City, NJ, Safety 
Zone.

    (a) Location. The following area is a temporary safety zone: All 
waters within a 500 yard radius of the fireworks barge in approximate 
position latitude 39[deg]19'33'' N, longitude 074[deg]31'28'' W, on the 
Intracoastal Waterway near Margate City, NJ.
    (b) Effective Period. The effective period for this event is on 
August 24, 2008 from 8:30 p.m. to 10:30 p.m.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Coast Guard or designated 
representatives. Any person or vessel authorized to enter the safety 
zone must operate in strict conformance with any directions given by 
the Coast Guard or designated representative and leave the safety zone 
immediately if the Coast Guard or designated representative so orders.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at (215) 271-4807.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Definitions. The Captain of the Port means the Commanding 
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant 
or petty officer who has been authorized by the Captain of the Port to 
act on his behalf.

0
7. Add temporary Sec.  165.T05-006, to read as follows:


Sec.  165.T05-006  North Atlantic Ocean, Ocean City, NJ, Safety Zone.

    (a) Location. The following area is a temporary safety zone: The 
waters of the North Atlantic Ocean within a 500 yard radius of the 
fireworks barge in approximate position latitude 39[deg]16'22'' N, 
longitude 074[deg]33'54'' W, in the vicinity of the shoreline at Ocean 
City, NJ.
    (b) Effective Period. The effective period for this event is on 
July 4, 2008 from 9 p.m. to 9:15 p.m.; with a rain date of July 5, 
2008.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Coast Guard or designated 
representatives. Any person or vessel authorized to enter the

[[Page 37833]]

safety zone must operate in strict conformance with any directions 
given by the Coast Guard or designated representative and leave the 
safety zone immediately if the Coast Guard or designated representative 
so orders.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at (215) 271-4807.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Definitions. The Captain of the Port means the Commanding 
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant 
or petty officer who has been authorized by the Captain of the Port to 
act on his behalf.

0
8. Add temporary Sec.  165.T05-007, to read as follows:


Sec.  165.T05-007  Metedeconk River, Brick Township, NJ, Safety Zone.

    (a) Location. The following area is a temporary safety zone: The 
waters of the Metedeconk River within a 300 yard radius of the 
fireworks launch platform in approximate position latitude 
40[deg]03'24'' N, longitude 074[deg]06'42'' W, on the shoreline at 
Brick Township, NJ.
    (b) Effective Period. The effective periods for this event are on 
July 3, July 17, July 31, August 14, and August 28, 2008 from 6 p.m. to 
10 p.m.; with rain dates of July 10, July 24, August 7, August 21, and 
September 4, 2008, respectively.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Coast Guard or designated 
representatives. Any person or vessel authorized to enter the safety 
zone must operate in strict conformance with any directions given by 
the Coast Guard or designated representative and leave the safety zone 
immediately if the Coast Guard or designated representative so orders.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at (215) 271-4807.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Definitions. The Captain of the Port means the Commanding 
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant 
or petty officer who has been authorized by the Captain of the Port to 
act on his behalf.

    Dated: June 19, 2008.
D.L. Scott,
Captain, U.S. Coast Guard, Captain of the Port Sector Delaware Bay.
[FR Doc. E8-15045 Filed 7-1-08; 8:45 am]
BILLING CODE 9110-04-P