[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Proposed Rules]
[Pages 22913-22922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08945]



[[Page 22913]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0138]
RIN 1625-AA00


Safety Zones; Recurring Marine Events and Fireworks Displays 
Within the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend the regulations for 
recurring marine events and fireworks displays that take place within 
the Fifth Coast Guard District area of responsibility. We invite your 
comments on this rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 1, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0138 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Captain Maureen Kallgren, Fifth 
Coast Guard District Office of Waterways Management, U.S. Coast Guard; 
telephone (757) 398-6250, email [email protected] or Mr. 
Jerry Barnes, Fifth Coast Guard District Office of Waterways 
Management, U.S. Coast Guard; telephone (757) 398-6230, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
Event PATCOM Coast Guard Event Patrol Commander
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard regularly updates the regulations for recurring 
safety zones within the Fifth Coast Guard District at 33 CFR 165.506, 
and its respective tables. These recurring safety zones are for 
fireworks displays that take place either on or over the navigable 
waters of the Fifth Coast Guard District as defined at 33 CFR 3.25. 
These regulations were last amended June 13, 2017 (81 FR 81005). The 
Fifth Coast Guard District is proposing to revise these regulations to 
update existing events, add new events, and remove events that no 
longer require additional safety measures. Based on the nature of 
fireworks and the large number of people attending, the Coast Guard has 
determined that the events listed in this rule could pose a risk to the 
public. We are also proposing to revise the text for better clarity and 
easier readability.
    The purpose of this rulemaking is to ensure the safety of persons, 
vessels, and the navigable waters within close proximity to fireworks 
displays before, during, and after the scheduled events. Each year, 
organizations, individuals and government agencies in the Fifth Coast 
Guard District sponsor fireworks displays in the same general location 
and time period. Each event uses a floating platform (e.g. barge) or an 
on-shore site near the shoreline to launch the fireworks. A safety zone 
is used to limit access to an area within a specified distance 
surrounding the fireworks launch site to ensure the safety of persons 
and property. Coast Guard personnel on scene may allow boaters within 
the safety zone if conditions permit.
    The Coast Guard is conducting this rulemaking under authority in 46 
U.S.C. 70034 (previously, 33 U.S.C. 1231). The Secretary has delegated 
ports and waterways authority, with certain reservations not applicable 
here, to the Commandant via DHS Delegation No. 0170.1(II) (70). The 
Commandant has further delegated these authorities within the Coast 
Guard as described in 33 CFR 1.05-1 and 6.04-6.

III. Discussion of Proposed Rule

A. Administrative Changes

    We are proposing several administrative updates, substantive and 
non-substantive, to the regulatory text. We have reorganized and 
revised the text to, consolidate related information, improve 
readability, and reflect revised local policies.
    First, the text has been re-organized to reflect the order in which 
information is needed by the reader--defined terms, applicability of 
the regulation, when the regulation will be enforced and notification 
to the public, requirements in place when the regulation is being 
enforced, warning sign information, postponement or cancellation of an 
event, COTP contact information, and finally the tables of events.
    As noted above we are proposing to add a definition section up 
front so that terms utilized later in the regulation are explained to 
the reader up front. One of the defined terms is ``Event Patrol 
Commander'', or ``Event PATCOM''. The Event PATCOM replaces the current 
regulation's reference to the ``Coast Guard Patrol Commander''; there 
is no change to the associated definition. Use of an Event PATCOM 
enables the local Captain of the Port to retain operational control and 
incorporate risk-based decision making to the event. We are also 
proposing to amend the regulation to allow for other government 
agencies to provide safety zone enforcement when working under local 
agreements which expands the ability to ensure safety of the public by 
increasing the number of available safety zone enforcement personnel.
    We are proposing to consolidate information regarding when the 
regulation will be enforced and how the Coast Guard will notify the 
public of enforcement into a new paragraph (c) and placing it near the 
beginning of the regulation. This information is currently scattered 
through several paragraphs of the text (paragraphs (a)(2), (b)(2), and 
(d)). Consolidating this information makes it easier to locate all of 
the necessary information and how the different requirements relate to 
each other.
    In the paragraph regarding warning-sign requirements the term 
``fireworks launch site'' has been updated to ``floating platform''. 
This revision makes clear that the regulation applies to all floating 
platforms used to launch fireworks and not just barges.
    We have updated the location for Sector Virginia from Norfolk to 
Portsmouth, VA, where the command center is now located. We have also 
updated the phone number for Sector North Carolina. Email addresses 
have been added to the text to aid the public in communicating with the 
appropriate Sector.
    Finally, this rule gives discretionary authority to COTPs and Event 
PATCOMs to postpone or cancel the fireworks display at any time for the 
purpose of ensuring the safety of the public.
    The tables accompanying this rule have been updated for clarity and 
to assist the reader.

B. Changes to Table to 33 CFR 165.506

    This rule would add 14 new safety zones, revise 29 previously 
established safety zones, and remove 24 safety zones. Currently there 
is one table of

[[Page 22914]]

events for all of 33 CFR 165.506. We are proposing to break that table 
into separate tables for each COTP zone. This change will make it 
easier for the Coast Guard to make changes to the tables in the future 
and will hopefully make the tables easier for the public to read as 
well. We are also proposing to re-format the date entries so that the 
information is more clearly stated.
New Safety Zones
    This rule proposes to add 14 new safety zones. The location and 
enforcement period for each of the new zones are listed in the below 
table.

                             Table 1--New Safety Zones to be Added to 33 CFR 165.506
----------------------------------------------------------------------------------------------------------------
                                                                                                  Enforcement
          USCG sector                Location                    Regulated area                   period(s) *
----------------------------------------------------------------------------------------------------------------
Coast Guard Sector Delaware     Delaware Bay,      All waters of Delaware Bay off Lewes, DE,   One period, four
 Bay--COTP Zone.                 Lewes, DE.         within 350 yards of the barge anchored in   days.
                                                    approximate position 38[deg]47'12'' N,
                                                    075[deg]07'48'' W.
                                Great Egg Harbor   The waters of the Great Egg Harbor Bay      One period, one
                                 Bay, Ocean City,   within a 300-yard radius of the fireworks   day.
                                 NJ.                barge in approximate position latitude
                                                    39[deg]17'24'' N, longitude
                                                    074[deg]34'31'' W, adjacent to shoreline
                                                    of Ocean City, NJ.
Coast Guard Sector Maryland-    Washington         All navigable waters of the Washington      Multiple periods
 National Capital Region--COTP   Channel, Upper     Channel within 200 feet of the fireworks    March through
 Zone.                           Potomac,           barge which will be located within an       December each
                                 Washington, DC.    area bounded on the south by latitude       year.
                                                    38[deg]52'30'' N, and bounded on the
                                                    north by the southern extent of the
                                                    Francis Case (I-395) Memorial Bridge,
                                                    located at Washington, DC.
                                Anacostia River,   All navigable waters of the Anacostia       One period, one
                                 Washington, DC.    River within 400 feet of the fireworks      day.
                                                    barge in approximate position latitude
                                                    38[deg]52'16.3'' N, longitude
                                                    077[deg]00'09.7'' W, located at
                                                    Washington, DC.
                                Middle River,      All navigable waters of the Middle River    One period, one
                                 Baltimore          within 200 yards of the fireworks barge     day.
                                 County, MD.        in approximate position latitude
                                                    39[deg]18'25'' N, longitude
                                                    076[deg]24'27'' W, located in Baltimore
                                                    County, MD.
                                Susquehanna        All navigable waters of the Susquehanna     One period, one
                                 River, Havre de    River within 200 yards of the fireworks     day.
                                 Grace, MD.         barge in approximate position latitude
                                                    39[deg]32'19'' N, longitude
                                                    076[deg]04'58.3'' W, located at Havre de
                                                    Grace, MD.
                                Spa Creek,         All navigable waters of Spa Creek within    One period, one
                                 Annapolis, MD.     400 feet of the fireworks barge in          day.
                                                    approximate position latitude
                                                    38[deg]58'32.48'' N, longitude
                                                    076[deg]28'57.55'' W, located at
                                                    Annapolis, MD.
                                Severn River,      All navigable waters of the Severn River    One period, one
                                 Sherwood Forest,   within 150 yards of the fireworks           day.
                                 MD.                discharge site located at the end of
                                                    Sherwood Forest Club main pier in
                                                    approximate position latitude
                                                    39[deg]01'54.0'' N, longitude
                                                    076[deg]32'41.8'' W, located at Sherwood
                                                    Forest, MD.
                                Patapsco River,    All navigable waters of the Middle Branch   One period, one
                                 Middle Branch,     of the Patapsco River, within 800 feet of   day.
                                 Baltimore, MD.     a fireworks barge in the in approximate
                                                    position latitude 39[deg]15'31.67'' N,
                                                    longitude 076[deg]37'13.95'' W, located
                                                    at Baltimore, MD.
Coast Guard Sector Virginia--   Elizabeth River,   All waters of Elizabeth River within a 600- One period, one
 COTP Zone.                      Town Point         foot radius of the fireworks display at     day.
                                 Reach, Norfolk,    approximate position latitude 36 degrees
                                 VA.                50'40.99'' N, longitude 076 degrees
                                                    17'45.48'' W near Town Point Park, VA.
                                North Atlantic     All waters of the North Atlantic Ocean      One period, three
                                 Ocean, Virginia    within a 300-yard radius of the center      days.
                                 Beach, VA.         located at approximate position latitude
                                                    36[deg]50'29.91'' N, longitude
                                                    075[deg]58'05.36'' W, located off the
                                                    beach between 10th and 15th streets.
Coast Guard Sector North        Bath Creek, Bath,  All waters on Bath Creek within a 300-yard  One period, two
 Carolina--COTP Zone.            NC.                radius of approximate position              days.
                                                    35[deg]28'05'' N, 076[deg]48'56'' W,
                                                    Bath, NC.
                                Atlantic           All waters of the Atlantic Intracoastal     One period, one
                                 Intracoastal       Waterway within a 300-yard radius of        day.
                                 Waterway, Surf     approximate position latitude
                                 City, NC.          34[deg]25'46'' N, longitude
                                                    077[deg]33'01'' W, in Surf City, NC.
                                Neuse River, New   All waters within a 300-yard radius of the  One period, one
                                 Bern, NC.          fireworks launch location at approximate    day.
                                                    position latitude 35[deg]06'23'' N,
                                                    longitude 077[deg]01'48'' W, on the Neuse
                                                    River, New Bern, NC.
----------------------------------------------------------------------------------------------------------------

Revised Safety Zones
    We are proposing to revise 29 previously established safety zones. 
The chart below includes a description of each change and an 
explanation why the change is necessary.

                              Table 2--Changes to Existing Events in 33 CFR 165.506
----------------------------------------------------------------------------------------------------------------
   Current table to Sec.                                  Revision (date and/or
       165.506 entry                Location                  coordinates)                 Reason for change
----------------------------------------------------------------------------------------------------------------
(a.) 5.....................  Barnegat Bay,          dates...........................  Event no longer occurs in
                              Barnegat Township,                                       September.
                              NJ.

[[Page 22915]]

 
(a.) 9.....................  Metedeconk River,      dates...........................  Event now takes place in
                              Brick Township, NJ.                                      June or July instead of
                                                                                       July and September.
(a.) 14....................  Delaware, River,       dates...........................  Event date updated.
                              Chester, PA.
(a.) 15....................  Delaware River,        dates and coordinates...........  The location of the safety
                              Essington, PA.                                           zone was moved to reflect
                                                                                       the updated location of
                                                                                       the fireworks barge.
                                                                                      Event now occurs in June
                                                                                       or July instead of
                                                                                       September.
(a.) 18....................  Rehoboth Bay, DE.....  dates...........................  The spring occurrence of
                                                                                       the event has changed
                                                                                       from April to May.
(b.) 2.....................  Severn River and Spa   dates and coordinates...........  Safety zone size decreased
                              Creek, Annapolis, MD.                                    from a 300-yard radius to
                                                                                       a 200-yard radius without
                                                                                       negative impact to public
                                                                                       safety.
                                                                                      December occurrence no
                                                                                       longer occurs.
(b.) 3.....................  Upper Potomac River,   coordinates.....................  Safety zone size decreased
                              Washington, DC.                                          from a 300-yard radius to
                                                                                       a 200-yard radius without
                                                                                       negative impact to public
                                                                                       safety.
(b.) 4.....................  Northwest Harbor,      dates and coordinates...........  Safety zone size decreased
                              Patapsco River, MD.                                      from a 300-yard radius to
                                                                                       a 200-yard radius without
                                                                                       negative impact to public
                                                                                       safety.
                                                                                      July and December
                                                                                       occurrences removed;
                                                                                       added alternative date to
                                                                                       September.
(b.) 5.....................  Baltimore Inner        dates...........................  April, July , and December
                              Harbor, MD.                                              occurrences no longer
                                                                                       occur; added new
                                                                                       occurrence in November.
(b.) 8.....................  Patuxent River,        dates and coordinates...........  The location of the safety
                              Calvert County, MD.                                      zone was moved to reflect
                                                                                       the updated location of
                                                                                       the fireworks barge
                                                                                       closer to shore.
                                                                                      Alternative date added.
(b.) 9.....................  Chesapeake Bay,        dates and coordinates...........  The location of the safety
                              Chesapeake Beach, MD.                                    zone was moved to reflect
                                                                                       the updated location of
                                                                                       the fireworks barge.
                                                                                      Alternative dates added.
(b.) 10....................  Choptank River,        coordinates.....................  The location of the safety
                              Cambridge, MD.                                           zone was moved to reflect
                                                                                       the updated location of
                                                                                       the fireworks site to an
                                                                                       onshore location.
(b.) 14....................  Miles River, St.       coordinates.....................  The location of the safety
                              Michaels, MD.                                            zone was moved to reflect
                                                                                       the updated location
                                                                                       offshore.
(b.) 15....................  Tred Avon River,       dates and coordinates...........  The location of the safety
                              Oxford, MD.                                              zone was moved to reflect
                                                                                       the updated location of
                                                                                       the fireworks site.
                                                                                      Alternative dates added.
(b.) 16....................  Northeast River,       dates and coordinates...........  Safety zone size decreased
                              North East, MD.                                          from a 300-yard radius to
                                                                                       a 150-yard radius without
                                                                                       negative impact to public
                                                                                       safety.
                                                                                      Alternative August date
                                                                                       added.
(b.) 18....................  Anacostia River,       coordinates.....................  Safety zone size decreased
                              Washington, DC.                                          from a 150-yard radius to
                                                                                       500 feet without negative
                                                                                       impact to public safety.
(b.) 19....................  Potomac River, Prince  coordinates.....................  Safety zone size decreased
                              William County, VA.                                      from a 200-yard radius to
                                                                                       150 yards without
                                                                                       negative impact to public
                                                                                       safety.
(b.) 21....................  Isle of Wight Bay,     dates and coordinates...........  Safety zone size decreased
                              Ocean City, MD.                                          from a 200 yard radius to
                                                                                       150 yards without
                                                                                       negative impact to public
                                                                                       safety.
                                                                                      Event changed from near
                                                                                       Memorial Day to July 4th
                                                                                       and near Labor Day.
(b.) 22....................  Assawoman Bay,         dates and coordinates...........  Safety zone size decreased
                              Fenwick Island, MD.                                      from a 360-yard radius to
                                                                                       200 yards without
                                                                                       negative impact to public
                                                                                       safety.
(b.) 23....................  Baltimore Harbor, MD.  coordinates.....................  Safety zone size decreased
                                                                                       from a 280-yard radius to
                                                                                       800 feet without negative
                                                                                       impact to public safety.
                                                                                      April Occurrence removed.
(b.) 24....................  Chester River, Kent    dates and coordinates...........  Safety zone moved to a
                              Island Narrows, MD.                                      more open shoreside
                                                                                       location and reduced from
                                                                                       a 300 yard radius to 800
                                                                                       feet radius without
                                                                                       negative impact to public
                                                                                       safety.
                                                                                      Alternative date added.
(c.) 6.....................  Chesapeake Bay,        Dates...........................  Alternative date added for
                              Virginia Beach, VA.                                      planning flexibility.
(d.) 2.....................  Cape Fear River,       dates...........................  Alternative date added to
                              Wilmington, NC.                                          the April occurrence.
(d.) 3.....................  Green Creek and Smith  coordinates.....................  Language ``approximate''
                              Creek, Oriental, NC.                                     added to be clearer and
                                                                                       consistent with other
                                                                                       entries.
(d.) 4.....................  Pasquotank River,      dates and coordinates...........  Language ``located
                              Elizabeth City, NC.                                      approximately 400 yards
                                                                                       north of Cottage Point,
                                                                                       NC'' removed to be
                                                                                       clearer and consistent
                                                                                       with other entries.
                                                                                      May occurrences added.
(d.) 7.....................  Pamilico River,        coordinates.....................  Language ``the fireworks
                              Washington, NC.                                          launch site at
                                                                                       approximate position''
                                                                                       added to be clearer and
                                                                                       consistent with other
                                                                                       entries.
(d.) 8.....................  Neuse River, New       coordinates.....................  Language ``located 420
                              Bern, NC.                                                yards north of the New
                                                                                       Bern Twin Span, high rise
                                                                                       bridge'' removed to be
                                                                                       clearer and consistent
                                                                                       with other entries.
(d.) 13....................  Atlantic Intracoastal  coordinates.....................  Language ``the fireworks
                              Waterway, Swansboro,                                     launch position at'' and
                              NC.                                                      ``near Swansboro'' added
                                                                                       and ``on Pelican Island''
                                                                                       removed to be clearer and
                                                                                       consistent with other
                                                                                       entries.

[[Page 22916]]

 
(d.) 14....................  Shallowbag Bay,        coordinates.....................  The safety zone was
                              Manteo, NC.                                              increased from a 200-yard
                                                                                       radius to a 300-yard
                                                                                       radius to account for
                                                                                       larger fireworks display.
----------------------------------------------------------------------------------------------------------------

Safety Zones To Be Removed
    This rule proposes to remove 24 safety zones listed in the table to 
Sec.  165.506. The Coast Guard evaluated each of the 24 safety zones 
and determined that either the event is no longer held at that location 
or can be adequately enforced using the navigation safety rules with no 
negative impact to public safety.

                  Table 3--Safety Zones Proposed To Be Removed From the Table to 33 CFR 165.506
----------------------------------------------------------------------------------------------------------------
    Current table to Sec.
        165.506 entry                   Date(s)                  Location                Reason for removal
----------------------------------------------------------------------------------------------------------------
(a.) 1.......................  July 2nd, 3rd, 4th, or    North Atlantic Ocean,     Removing safety zone and
                                5th.                      Bethany Beach, DE.        deferring to navigation
                                                                                    safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(a.)(2)......................  Labor Day...............  Indian River Bay, DE....  Removing safety zone and
                                                                                    deferring to navigation
                                                                                    safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(a.)(3)......................  July 2..................  North Atlantic Ocean,     Removing safety zone and
                                                          Rehoboth Beach, DE.       deferring to navigation
                                                                                    safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(a.)(8)......................  July 2nd, 3rd, 4th, or    Great Egg Harbor Inlet,   Removing safety zone and
                                5th August--3rd Sunday.   Margate City, NJ.         deferring to navigation
                                                                                    safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(a.)10.......................  July 2nd, 3rd, 4th, or    North Atlantic Ocean,     Removing safety zone and
                                5th.                      Atlantic City, NJ.        deferring to navigation
                                                                                    safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(a.)11.......................  July 2nd, 3rd, 4th or     North Atlantic Ocean,     Removing safety zone and
                                5th October--1st or 2nd   Ocean City, NJ.           deferring to navigation
                                Saturday.                                           safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(a.)17.......................  July 2nd, 3rd, 4th, or    North Atlantic Ocean,     Removing safety zone and
                                5th.                      Sea Isle, NJ..            deferring to navigation
                                                                                    safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(b.)1........................  April--1st, 2nd, or 3rd   Washington Channel,       Event no longer held at this
                                Saturday.                 Potomac River,            location.
                                                          Washington, DC.
(b.)7........................  July 4th; December 31st.  Northwest Harbor          Event no longer held at this
                                                          Patapsco River, MD.       location.
(b.)11.......................  July--2nd or 3rd or last  Potomac River, Fairview   Event no longer held at this
                                Saturday.                 Beach, Charles County,    location.
                                                          MD.
(b).12.......................  July--day before          Potomac River, National   Event no longer held at this
                                Independence Day          Harbor, MD.               location.
                                holiday and July 4th;
                                November--3rd Thursday,
                                3rd Saturday and last
                                Friday; December--1st,
                                2nd and 3rd Friday.
(c.)2........................  September--last Friday    York Rivers, West Point,  Event no longer held at this
                                or October--1st Friday.   VA.                       location.
(c.)4........................  July 4th, July 5th, July  James River, Newport      Event no longer held at this
                                6th, or July 7th.         News, VA.                 location.
(c.)7........................  July 4th; December 31st,  Elizabeth River Southern  Removing safety zone and
                                January 1st.              Branch, Norfolk, VA.      deferring to navigation
                                                                                    safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(c.)8........................  July--3rd Saturday......  John H. Kerr Reservoir,   Removing safety zone and
                                                          Clarksville, VA.          deferring to navigation
                                                                                    safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(c.)10.......................  September--last Saturday  North Atlantic Ocean      Removing safety zone and
                                or October--1st           Safety Zone B, Virginia   deferring to navigation
                                Saturday.                 Beach, VA.                safety regulations does not
                                                                                    negatively impact public
                                                                                    safety.
(c.)11.......................  Friday, Saturday and      North Atlantic Ocean      Event no longer held at this
                                Sunday Labor Day          Safety Zone C, Virginia   location.
                                Weekend.                  Beach, VA.
(c.)14.......................  July--3rd, 4th, and 5th.  Great Wicomico River,     Event no longer held at this
                                                          Mila, VA.                 location.
(c.)15.......................  July--1st Friday,         Cockrell's Creek,         Event no longer held at this
                                Saturday and Sunday.      Reedville, VA.            location.
(c.)16.......................  May--last Sunday........  James River, Richmond,    Event no longer held at this
                                                          VA.                       location.
(c.)17.......................  June--last Saturday.....  Rappahannock River,       Event no longer held at this
                                                          Tappahannock, VA.         location.
(c.)19.......................  July 3rd or 4th.........  Pagan River, Smithfield,  Event no longer held at this
                                                          VA.                       location.
(c.)20.......................  July 4th................  Sandbridge Shores,        Event no longer held at this
                                                          Virginia Beach, VA.       location.
(c.)22.......................  July 3rd, 4th, or 5th...  Urbanna Creek, Urbanna,   Event no longer held at this
                                                          VA.                       location.
----------------------------------------------------------------------------------------------------------------

    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and

[[Page 22917]]

Executive orders and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the short amount 
of time that vessels will be restricted from certain parts of the 
waterway and the small size of these areas that are usually positioned 
away from high vessel traffic zones. Generally vessels would not be 
precluded from getting underway, or mooring at any piers or marinas 
currently located in the vicinity of the regulated areas. Advance 
notifications would also be made to the local maritime community by 
issuance of Local Notice to Mariners, Broadcast Notice to Mariners via 
VHF-FM marine channel 16, Marine Safety Information or Security 
Bulletins so mariners can adjust their plans accordingly. Notifications 
to the public for most events will typically be made by local 
newspapers, radio and TV stations. The Coast Guard anticipates that 
these special local regulated areas and safety zones will only be 
enforced one to three times per year.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit 
through a special local regulated area or safety zone may be small 
entities, for the reasons stated in section IV.A above, this proposed 
rule would not have a significant economic impact on any vessel owner 
or operator. These safety zones will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The Coast Guard will ensure that small entities are able to 
operate in the areas where events are occurring to the extent possible 
while ensuring the safety of the public. The enforcement period will be 
short in duration and, in many of the areas, vessels can transit safely 
around the safety zone. Generally permission to enter, remain in, or 
transit through these regulated areas during the enforcement may be 
given when deemed safe to do so by the Event PATCOM on scene.
    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.
    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 proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 (adjusted for 
inflation) 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.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
implementation of regulations at 33 CFR part 165 that establish safety 
zones on navigable waters of the United States for fireworks events. 
These safety zones are enforced for the duration of fireworks display 
events. The fireworks are generally launched from either a floating 
platform or shore side location immediately adjacent to navigable 
waters of the United States. The category of activities includes 
fireworks launched from floating platforms or at the shoreline that 
generally rely on the use of navigable waters as a safety buffer. 
Fireworks displays may introduce potential hazards such as accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. This section of the rule is categorically excluded 
from further review under paragraph L[60] of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket.

[[Page 22918]]

For instructions on locating the docket, see the ADDRESSES section of 
this preamble.
    For instructions on locating the docket, see the ADDRESSES section 
of this preamble. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, call or email the person in 
the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 is 
proposing to amend 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  165.506 to read as follows:


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

    (a) Definitions. The following definitions apply to this section:
    Event Patrol Commander or Event PATCOM means a commissioned, 
warrant, or petty officer of the Coast Guard who has been designated by 
the respective Coast Guard Sector--COTP to enforce these regulations.
    Official patrol means any vessel assigned or approved by the 
respective Captain of the Port (COTP) with a commissioned, warrant, or 
petty officer on board and displaying a Coast Guard ensign, or any 
state or local law enforcement vessel approved by the COTP in 
accordance with current local agreements.
    (b) Applicability. This section applies to the safety zones listed 
in paragraph (h) of this section.
    (c) Enforcement periods and COTP notification to the public. The 
COTP for the area where an event will be held will annually notify the 
public of each enforcement of a safety zone in paragraph (h) of this 
section by all appropriate means to affect the widest publicity among 
the affected public, including by Local Notices to Mariners and by 
Broadcast Notice to Mariners over VHF-FM marine band radio. The 
announcement will contain the details of the fireworks display, 
including the date(s) and time(s) of the enforcement period of the 
regulation with respect to that safety zone and the affected 
geographical area. Broadcasts may be made for these events beginning 24 
to 48 hours before the event is scheduled to begin. The enforcement 
period(s) for each safety zone in paragraph (h) of this section is 
subject to change, but the duration of enforcement will remain the 
same, or nearly the same, total amount of time as stated in its table. 
An event may be conducted on the day following the date listed in 
paragraph (h) of this section in the case of inclement weather. Unless 
the COTP notifies the public otherwise, the safety zones in paragraph 
(h) of this section will be enforced from 5:30 p.m. on the date listed 
in paragraph (h) to 1 a.m. the date following the last date listed in 
paragraph (h) for an event.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) Vessels may not enter, remain in, or transit through the safety 
zones during enforcement unless authorized to do so by the COTP or the 
Event PATCOM.
    (3) The Coast Guard may assign an official patrol to each fireworks 
display listed in paragraph (h) of this section. For each fireworks 
display assigned a patrol, a Coast Guard Event Patrol Commander (Event 
PATCOM) will be assigned to oversee the patrol. All persons and vessels 
must comply with the instructions of the Coast Guard COTP, Event 
PATCOM, or the official patrol. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light or other means, the operator of 
a vessel must proceed as directed.
    (e) Warning signs. (1) The pyrotechnic operator, or the agent of a 
professional pyrotechnics company, contracted by an event sponsor to 
conduct the fireworks display must ensure that a warning sign is 
affixed to the port and starboard side of the floating platform and 
visible each day the safety zone will be enforced. For a shore-based 
launch site, the pyrotechnic operator must ensure a warning sign is 
visible 3 feet above the ground level, on a post immediately adjacent 
to the shoreline, facing the water each day the safety zone will be 
enforced.
    (2) The warning sign in paragraph (e)(1) of this section will be 
labeled ``FIREWORKS--DANGER--STAY AWAY''. The sign must be: Diamond 
shaped, sized 4 feet by 4 feet, have a white background, and have a 3-
inch orange retro-reflective border. The word ``DANGER'' must be in 10-
inch black block letters centered on the sign. The words ``FIREWORKS'' 
and ``STAY AWAY'' must be in 6-inch black block letters placed above 
and below the word ``DANGER''.
    (f) Postponement or cancellation. The COTP or Event PATCOM may 
order the postponement or cancellation of a fireworks display at any 
time if, in their sole discretion, it is determined that the display 
cannot be conducted in a safe manner.
    (g) Contact information. The public should contact the Coast Guard 
COTP for the area in which the event is occurring if they have 
questions about these safety zones. Contact information is listed 
below. For a description of the geographical area of each Coast Guard

[[Page 22919]]

Sector--Captain of the Port zone, please see 33 CFR 3.25.
    (1) Coast Guard Sector Delaware Bay--Captain of the Port Zone, 
Philadelphia, Pennsylvania: (215) 271-4940, email: [email protected].
    (2) Coast Guard Sector Maryland-National Capital Region--Captain of 
the Port Zone, Baltimore, Maryland: (410) 576-2525, email: [email protected].
    (3) Coast Guard Sector Virginia--Captain of the Port Zone, 
Portsmouth, Virginia: (757) 483-8567; email: [email protected].
    (4) Coast Guard Sector North Carolina--Captain of the Port Zone, 
Wilmington, North Carolina: (910) 343-3882, email: 
[email protected].
    (h) Tables to Sec.  165.506. All coordinates listed reference Datum 
NAD 1983. As noted in paragraph (c) of this section, the enforcement 
period for each of the listed safety zones is subject to change.
    (1) Coast Guard Sector Delaware Bay--COTP Zone.

                                           Table 1 to Paragraph (h)(1)
----------------------------------------------------------------------------------------------------------------
         No.             Enforcement period(s)           Location               Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1....................  July 2nd, 3rd, 4th or     North Atlantic Ocean,    The waters of the North Atlantic Ocean
                        5th.                      Avalon, NJ; Safety       within a 500-yard radius of the
                                                  Zone.                    fireworks barge in approximate
                                                                           location latitude 39[deg]06'19.5'' N,
                                                                           longitude 074[deg]42'02.15'' W, in
                                                                           the vicinity of the shoreline at
                                                                           Avalon, NJ.
2....................  One Saturday or Sunday    Barnegat Bay, Barnegat   The waters of Barnegat Bay within a
                        in June or July.          Township, NJ; Safety     500-yard radius of the fireworks
                                                  Zone.                    barge in approximate position
                                                                           latitude 39[deg]44'50'' N, longitude
                                                                           074[deg]11'21'' W, approximately 500
                                                                           yards north of Conklin Island, NJ.
3....................  July 2nd, 3rd, 4th or     North Atlantic Ocean,    The waters of the North Atlantic Ocean
                        5th.                      Cape May, NJ; Safety     within a 500-yard radius of the
                                                  Zone.                    fireworks barge in approximate
                                                                           location latitude 38[deg]55'36'' N,
                                                                           longitude 074[deg]55'26'' W,
                                                                           immediately adjacent to the shoreline
                                                                           at Cape May, NJ.
4....................  July 2nd, 3rd, 4th or     Delaware Bay, North      All waters of the Delaware Bay within
                        5th.                      Cape May, NJ; Safety     a 360-yard radius of the fireworks
                                                  Zone.                    barge in approximate position
                                                                           latitude 38[deg]58'00'' N, longitude
                                                                           074[deg]58'30'' W.
5....................  Each Thursday in July...  Metedeconk River, Brick  The waters of the Metedeconk River
                                                  Township, NJ; Safety     within a 300-yard radius of the
                                                  Zone.                    fireworks launch platform in
                                                                           approximate position latitude
                                                                           40[deg]03'24'' N, longitude
                                                                           074[deg]06'42'' W, near the shoreline
                                                                           at Brick Township, NJ.
6....................  4th Saturday in May.....  Barnegat Bay, Ocean      All waters of Barnegat Bay within a
                                                  Township, NJ; Safety     500-yard radius of the fireworks
                                                  Zone.                    barge in approximate position
                                                                           latitude 39[deg]47'33'' N, longitude
                                                                           074[deg]10'46'' W.
7....................  July 2nd, 3rd, 4th, or    Little Egg Harbor,       All waters of Little Egg Harbor within
                        5th.                      Parker Island, NJ;       a 500-yard radius of the fireworks
                                                  Safety Zone.             barge in approximate position
                                                                           latitude 39[deg]34'18'' N, longitude
                                                                           074[deg]14'43'' W, approximately 50
                                                                           yards north of Parkers Island.
8....................  Any day(s) from January   Delaware River,          All waters of the Delaware River near
                        1st through December      Chester, PA; Safety      Chester, PA, just south of the
                        31st specified by         Zone.                    Commodore Barry Bridge within a 500-
                        Notice of Enforcement                              yard radius of the fireworks barge
                        published in the                                   located in approximate position
                        Federal Register and                               latitude 39[deg]49'43.2'' N,
                        broadcast via Broadcast                            longitude 075[deg]22'42'' W.
                        Notice to Mariners.
9....................  One Saturday or Sunday    Delaware River,          All waters of the Delaware River near
                        in either June or July.   Essington, PA; Safety    Essington, PA, west of Little Tinicum
                                                  Zone.                    Island within a 250-yard radius of
                                                                           the fireworks barge located in the
                                                                           approximate position latitude
                                                                           39[deg]51'27'' N, longitude
                                                                           075[deg]18'19'' W.
10...................  Any day from January 1st  Delaware River,          All waters of Delaware River, adjacent
                        through December 31st     Philadelphia, PA;        to Penn's Landing, Philadelphia, PA,
                        specified by Notice of    Safety Zone.             within a 500-yard radius of a
                        Enforcement published                              fireworks barge at approximate
                        in the Federal Register                            position latitude 39[deg]56'49'' N,
                        and broadcast via                                  longitude 075[deg]08'11'' W.
                        Broadcast Notice to
                        Mariners.
11...................  One Friday, Saturday or   Rehoboth Bay, DE;        All waters within a 500-yard radius of
                        Sunday in May; and July   Safety Zone.             a fireworks barge located at position
                        2nd, 3rd, 4th or 5th;                              latitude 38[deg]41'21'' N, longitude
                        and December 31st.                                 075[deg]05'00'' W at Rehoboth Bay
                                                                           near Dewey Beach, DE.
12...................  July 2nd, 3rd, 4th or     Delaware Bay, Lewes,     All waters of Delaware Bay off Lewes,
                        5th.                      DE; Safety Zone.         DE, within a 350 yard radius of the
                                                                           barge anchored in approximate
                                                                           position 38[deg]47'12'' N,
                                                                           075[deg]07'48'' W.
13...................  One Saturday in July....  Great Egg Harbor Bay,    The waters of the Great Egg Harbor Bay
                                                  Ocean City, NJ; Safety   within a 300-yard radius of the
                                                  Zone.                    fireworks barge in approximate
                                                                           position latitude 39[deg]17'24'' N,
                                                                           longitude 074[deg]34'31'' W, adjacent
                                                                           to shoreline of Ocean City, NJ.
----------------------------------------------------------------------------------------------------------------

    (2) Coast Guard Sector Maryland-National Capital Region--COTP Zone.

                                           Table 1 to Paragraph (h)(2)
----------------------------------------------------------------------------------------------------------------
         No.             Enforcement period(s)           Location               Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1....................  Any day(s) from March     Washington Channel,      The waters of the Washington Channel
                        1st through December      Upper Potomac River,     within a 200-foot radius of the
                        31st. Whenever            Washington, DC; Safety   fireworks floating platform which
                        feasible, the COTP will   Zone.                    will be located within an area
                        publish a Notice of                                bounded on the south by latitude
                        Enforcement at least 2                             38[deg]52'30'' N, and bounded on the
                        days in advance of the                             north by the southern extent of the
                        event in the Federal                               Francis Case (I-395) Memorial Bridge,
                        Register. Each day that                            located at Washington, DC.
                        the duration of each
                        enforcement of the zone
                        is expected to be 5
                        hours or less.

[[Page 22920]]

 
2....................  July 4th................  Severn River and Spa     The waters of the Severn River and Spa
                                                  Creek, Annapolis, MD;    Creek within a 200-yard radius of the
                                                  Safety Zone.             fireworks barge in approximate
                                                                           position latitude 38[deg]58'38'' N,
                                                                           longitude 076[deg]28'41'' W, located
                                                                           near the entrance to Spa Creek, at
                                                                           Annapolis, MD.
3....................  December 31st...........  Upper Potomac River,     The waters of the Upper Potomac River
                                                  Washington, DC; Safety   within a 200-yard radius of the
                                                  Zone.                    fireworks barge in approximate
                                                                           position 38[deg]48'14'' N,
                                                                           077[deg]02'10'' W, located near the
                                                                           waterfront (King Street) at
                                                                           Alexandria, VA.
4....................  June 14th, September--    Northwest Harbor (East   The waters of the Patapsco River
                        2nd or 3rd Saturday.      Channel), Patapsco       within a 200-yard radius of the
                                                  River, MD; Safety Zone.  fireworks barge in approximate
                                                                           position latitude 39[deg]15'55.15''
                                                                           N, longitude 076[deg]34'32.66'' W,
                                                                           located adjacent to the East Channel
                                                                           of Northwest Harbor, at Baltimore,
                                                                           MD.
5....................  May--2nd or 3rd           Baltimore Inner Harbor,  The waters of the Patapsco River
                        Thursday, November--2nd   Patapsco River, MD;      within a 100-yard radius of the
                        Saturday or Sunday.       Safety Zone.             fireworks barge in approximate
                                                                           position latitude 39[deg]17'01'' N,
                                                                           longitude 076[deg]36'31'' W, located
                                                                           at the entrance to Baltimore Inner
                                                                           Harbor, approximately 125 yards
                                                                           southwest of pier 3, at Baltimore,
                                                                           MD.
6....................  May--2nd or 3rd Thursday  Baltimore Inner Harbor,  The waters of the Patapsco River
                        or Friday, July 4th,      Patapsco River, MD,      within a 100-yard radius of
                        December 31st.            Safety Zone.             approximate position latitude
                                                                           39[deg]17'04'' N, longitude
                                                                           076[deg]36'36'' W, located in
                                                                           Baltimore Inner Harbor, approximately
                                                                           125 yards southeast of pier 1, at
                                                                           Baltimore, MD.
7....................  April--1st, 2nd or 3rd    Anacostia River,         All navigable waters of the Anacostia
                        Saturday or Sunday.       Washington, DC; Safety   River within a 400-foot radius of the
                                                  Zone.                    fireworks barge in approximate
                                                                           position latitude 38[deg]52'16.3'' N,
                                                                           longitude 077[deg]00'09.7'' W,
                                                                           located at Washington, DC.
8....................  July 4th or the Friday    Patuxent River, Calvert  The waters of the Patuxent River
                        or Saturday before or     County, MD; Safety       within a 200-yard radius of the
                        after Independence Day    Zone.                    fireworks barge located at latitude
                        (observed).                                        38[deg]19'17'' N, longitude
                                                                           076[deg]27'45'' W, approximately 700
                                                                           feet from shore at Solomons Island,
                                                                           MD.
9....................  July 3rd, or the Friday   Chesapeake Bay,          The waters of the Chesapeake Bay
                        after Independence Day    Chesapeake Beach, MD,    within a 200-yard radius of the
                        (observed).               Safety Zone.             fireworks barge in approximate
                                                                           position latitude 38[deg]41'36.36''
                                                                           N, longitude 076[deg]31'29.58'' W,
                                                                           and within a 200-yard radius of the
                                                                           fireworks barge in approximate
                                                                           position latitude 38[deg]41'27.84''
                                                                           N, longitude 076[deg]31'28.50'' W,
                                                                           located near Chesapeake Beach, MD.
10...................  July 4th................  Choptank River,          The waters of the Choptank River
                                                  Cambridge, MD; Safety    within a 300-yard radius of the
                                                  Zone.                    fireworks launch site at Great Marsh
                                                                           Point, in approximate position
                                                                           latitude 38[deg]35'05'' N, longitude
                                                                           076[deg]04'41'' W, located at
                                                                           Cambridge, MD.
11...................  July 4th, or Saturday or  Middle River, Baltimore  All waters of the Middle River within
                        Sunday before or after    County, MD; Safety       a 200-yard radius of the fireworks
                        Independence Day          Zone.                    barge in approximate position
                        (observed).                                        latitude 39[deg]18'25'' N, longitude
                                                                           076[deg]24'27'' W, located near
                                                                           Wilson Point in Baltimore County, MD.
12...................  July 4th, or the          Susquehanna River,       All waters of the Susquehanna River
                        Saturday or Sunday        Havre de Grace, MD;      within a 200-yard radius of the
                        before or after           Safety Zone.             fireworks barge in approximate
                        Independence Day                                   position latitude 39[deg]32'19'' N,
                        (observed).                                        longitude 076[deg]04'58.3'' W,
                                                                           located at Havre de Grace, MD.
13...................  July 4th or the Saturday  Susquehanna River,       The waters of the Susquehanna River
                        or Sunday before or       Havre de Grace, MD;      within a 300-yard radius of
                        after Independence Day    Safety Zone.             approximate position latitude
                        (observed).                                        39[deg]32'06'' N, longitude
                                                                           076[deg]05'22'' W, located on the
                                                                           island at Millard Tydings Memorial
                                                                           Park, at Havre de Grace, MD.
14...................  July 4th, or the          Miles River, St.         All navigable waters of the Miles
                        Saturday before or        Michaels, MD; Safety     River within a 150-yard radius of the
                        after Independence Day    Zone.                    fireworks barge in approximate
                        (observed).                                        position latitude 38[deg]47'55.10''
                                                                           N, longitude 076[deg]12'43.75'' W,
                                                                           located at the entrance to Long Haul
                                                                           Creek.
15...................  December 31st...........  Spa Creek, Annapolis,    The waters of Spa Creek within a 400-
                                                  MD; Safety Zone.         foot radius of the fireworks barge in
                                                                           approximate position latitude
                                                                           38[deg]58'32.48'' N, longitude
                                                                           076[deg]28'57.55'' W, located at
                                                                           Annapolis, MD.
16...................  July 3rd, or the Friday   Tred Avon River,         The waters of the Tred Avon River
                        after Independence Day    Oxford, MD; Safety       within a 150-yard radius of the
                        (observed).               Zone.                    fireworks barge in approximate
                                                                           position latitude 38[deg]41'38.84''
                                                                           N, longitude 076[deg]10'48.41'' W,
                                                                           approximately 330 yards northwest of
                                                                           the waterfront at Oxford, MD.
17...................  July 3rd or August 4th..  Northeast River, North   All navigable waters of the Northeast
                                                  East, MD; Safety Zone.   River within a 300-yard radius of the
                                                                           fireworks barge in approximate
                                                                           position latitude 39[deg]35'26.3'' N,
                                                                           longitude 075[deg]57'04.9'' W,
                                                                           approximately 400 yards southwest of
                                                                           North East Community Park at North
                                                                           East, MD.
18...................  July--1st, 2nd or 3rd     Upper Potomac River,     The waters of the Upper Potomac River
                        Saturday.                 Washington, DC; Safety   within a 300-yard radius of the
                                                  Zone.                    fireworks barge in approximate
                                                                           position 38[deg]48'38'' N,
                                                                           077[deg]01'56'' W, located east of
                                                                           Oronoco Bay Park at Alexandria, VA.
19...................  March through October,    Anacostia River,         The waters of the Anacostia River
                        at the conclusion of      Washington, DC; Safety   within a 500-foot radius of the
                        evening MLB games at      Zone.                    fireworks barge in approximate
                        Washington Nationals                               position latitude 38[deg]52'12.71''
                        Ball Park.                                         N, longitude 077[deg]00'14.08'' W,
                                                                           located near the Nationals Ball Park
                                                                           at Washington, DC.
20...................  June--last Saturday or    Potomac River, Prince    The waters of the Potomac River within
                        July--1st Saturday;       William County, VA;      a 150-yard radius of the fireworks
                        July--3rd, 4th or last    Safety Zone.             barge in approximate position
                        Saturday, September--                              latitude 38[deg]34'07.97'' N,
                        Saturday before Labor                              longitude 077[deg]15'37.39'' W,
                        Day (observed).                                    located near Cherry Hill, VA.
21...................  July 4th................  North Atlantic Ocean,    The waters of the North Atlantic Ocean
                                                  Ocean City, MD; Safety   in an area bound by the following
                                                  Zone.                    points: latitude 38[deg]19'39.9'' N,
                                                                           longitude 075[deg]05'03.2'' W; thence
                                                                           to latitude 38[deg]19'36.7'' N,
                                                                           longitude 075[deg]04'53.5'' W; thence
                                                                           to latitude 38[deg]19'45.6'' N,
                                                                           longitude 075[deg]04'49.3'' W; thence
                                                                           to latitude 38[deg]19'49.1'' N,
                                                                           longitude 075[deg]05'00.5'' W; thence
                                                                           to point of origin. The size of the
                                                                           safety zone extends approximately 300
                                                                           yards offshore from the fireworks
                                                                           launch area located at the high water
                                                                           mark on the beach at Ocean City, MD.
22...................  May--Sunday before        Isle of Wight Bay,       The waters of Isle of Wight Bay within
                        Memorial Day              Ocean City, MD; Safety   a 150-yard radius of the fireworks
                        (observed), July 4th,     Zone.                    barge in approximate position
                        August/September--                                 latitude 38[deg]22'31'' N, longitude
                        Sunday before Labor Day                            075[deg]04'30'' W, located at Ocean
                        (observed) or Labor Day                            City, MD.
                        (observed).
23...................  July 4th................  Assawoman Bay, Fenwick   The waters of Assawoman Bay within a
                                                  Island--Ocean City,      200-yard radius of the fireworks
                                                  MD; Safety Zone.         launch location on the pier at the
                                                                           west end of Northside Park, in
                                                                           approximate position latitude
                                                                           38[deg]25'54.72'' N, longitude
                                                                           075[deg]03'53.11'' W, located at
                                                                           Ocean City, MD.

[[Page 22921]]

 
24...................  July 4th, December 31st.  Baltimore Harbor,        The waters of Baltimore Harbor,
                                                  Baltimore Inner          Patapsco River, within an 800-foot
                                                  Harbor, MD; Safety       radius of the fireworks barge in
                                                  Zone.                    approximate position latitude
                                                                           39[deg]16'36.7'' N, longitude
                                                                           076[deg]35'53.8'' W, located
                                                                           northwest of the Domino Sugar
                                                                           refinery wharf at Baltimore, MD.
25...................  July 4th, or the          Chester River, Kent      All navigable waters of Chester River,
                        Tuesday, Wednesday or     Island Narrows, MD,      Kent Island Narrows (North Approach),
                        Thursday before           Safety Zone.             within 800 feet of the fireworks
                        Independence Day                                   launch site at Kent Island in
                        (observed).                                        approximate position latitude
                                                                           38[deg]58'45.0'' N, longitude
                                                                           076[deg]14'52.8'' W, located in Queen
                                                                           Anne's County, MD.
26...................  July 3rd, or the Friday,  Severn River, Sherwood   The waters of the Severn River within
                        Saturday or Sunday        Forest, MD; Safety       a 150-yard radius of the fireworks
                        after Independence Day    Zone.                    discharge site located at the end of
                        (observed).                                        Sherwood Forest Club main pier in
                                                                           approximate position latitude
                                                                           39[deg]01'54.0'' N, longitude
                                                                           076[deg]32'41.8'' W, located at
                                                                           Sherwood Forest, MD.
27...................  July 4th................  Patapsco River-Middle    The waters of the Middle Branch of the
                                                  Branch, Baltimore, MD;   Patapsco River, within an 800-feet
                                                  Safety Zone.             radius of the fireworks display in
                                                                           the in approximate position latitude
                                                                           39[deg]15'31.67'' N, longitude
                                                                           076[deg]37'13.95'' W, located at
                                                                           Baltimore, MD.
----------------------------------------------------------------------------------------------------------------

    (3) Coast Guard Sector Virginia--COTP Zone.

                                           Table 1 to Paragraph (h)(3)
----------------------------------------------------------------------------------------------------------------
         No.             Enforcement period(s)           Location               Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1....................  July 4th................  Linkhorn Bay, Virginia   All waters of the Linkhorn Bay within
                                                  Beach, VA, Safety Zone.  a 400-yard radius of the fireworks
                                                                           display in approximate position
                                                                           latitude 36[deg]52'20'' N, longitude
                                                                           076[deg]00'38'' W, located near the
                                                                           Cavalier Golf and Yacht Club,
                                                                           Virginia Beach, VA.
2....................  July 4th................  York River, Yorktown,    All waters of the York River within a
                                                  VA, Safety Zone.         400-yard radius of the fireworks
                                                                           display in approximate position
                                                                           latitude 37[deg]14'14'' N, longitude
                                                                           076[deg]30'02'' W, located near
                                                                           Yorktown, VA.
3....................  June--4th Friday, July--  Chesapeake Bay,          All waters of the Chesapeake Bay
                        1st Friday, July 4th.     Norfolk, VA, Safety      within a 400-yard radius of the
                                                  Zone.                    fireworks display located in position
                                                                           latitude 36[deg]57'21'' N, longitude
                                                                           076[deg]15'00'' W, located near Ocean
                                                                           View Fishing Pier.
4....................  July 4th................  North Atlantic Ocean,    All waters of the North Atlantic Ocean
                                                  Virginia Beach, VA,      within a 1,000-yard radius of the
                                                  Safety Zone A.           center located near the shoreline at
                                                                           approximate position latitude
                                                                           36[deg]51'12'' N, longitude
                                                                           075[deg]58'06'' W, located off the
                                                                           beach between 17th and 31st streets.
5....................  July 4th................  Nansemond River,         All waters of the Nansemond River
                                                  Suffolk, VA, Safety      within a 350-yard radius of
                                                  Zone.                    approximate position latitude
                                                                           36[deg]44'27'' N, longitude
                                                                           076[deg]34'42'' W, located near
                                                                           Constant's Wharf in Suffolk, VA.
6....................  July 4th................  Chickahominy River,      All waters of the Chickahominy River
                                                  Williamsburg, VA,        within a 400-yard radius of the
                                                  Safety Zone.             fireworks display in approximate
                                                                           position latitude 37[deg]14'50'' N,
                                                                           longitude 076[deg]52'17'' W, near
                                                                           Barrets Point, VA.
7....................  July 4th, August--1st     Cape Charles Harbor,     All waters of Cape Charles Harbor
                        Friday, Saturday and      Cape Charles, VA,        located within a 125 yard-radius of
                        Sunday, December 31st.    Safety Zone.             the fireworks display at approximate
                                                                           position latitude 37[deg]15'46.5'' N,
                                                                           longitude 076[deg]01'30.3'' W. near
                                                                           Cape Charles, VA.
8....................  July 4th, 5th or 6th....  Chesapeake Bay,          All waters of Chesapeake Bay located
                                                  Virginia Beach, VA,      within a 200-yard radius of the
                                                  Safety Zone.             fireworks display at approximate
                                                                           position latitude 36[deg]54'58.18''
                                                                           N, longitude 076[deg]06'44.3'' W.
                                                                           near Virginia Beach, VA.
9....................  July 3rd, 4th or 5th....  Chesapeake Bay,          All waters of the Chesapeake Bay 400
                                                  Virginia Beach, VA,      yard radius of the fireworks display
                                                  Safety Zone.             in approximate position latitude
                                                                           36[deg]55'02'' N, longitude
                                                                           076[deg]03'27'' W, located at the
                                                                           First Landing State Park at Virginia
                                                                           Beach, Virginia.
10...................  July 4th................  Elizabeth River Eastern  All waters of Eastern Branch Elizabeth
                                                  Branch, Norfolk, VA;     River within the area along the
                                                  Safety Zone.             shoreline immediately adjacent to
                                                                           Harbor Park Stadium ball park and
                                                                           outward into the river bound by a
                                                                           line drawn from latitude
                                                                           36[deg]50'30'' N, longitude
                                                                           076[deg]16'39.9'' W, thence south to
                                                                           36[deg]50'26.6'' N, longitude
                                                                           076[deg]16'39'' W, thence northwest
                                                                           to 36[deg]50'28.8'' N, longitude
                                                                           076[deg]16'49.1'' W, thence north to
                                                                           36[deg]50'30.9'' N, longitude
                                                                           076[deg]16'48.6'' W, thence east
                                                                           along the shoreline to point of
                                                                           origin.
11...................  April: Last Friday,       North Atlantic Ocean,    All water of the North Atlantic Ocean
                        Saturday and Sunday.      Virginia Beach, VA,      within a 300-yard radius of
                                                  Safety Zone.             approximate position latitude
                                                                           36[deg]50'29.91'' N, longitude
                                                                           075[deg]58'05.36'' W, located off the
                                                                           beach between 10th and 15th streets.
----------------------------------------------------------------------------------------------------------------

    (4) Coast Guard Sector North Carolina--COTP Zone.

                                           Table 1 to Paragraph (h)(4)
----------------------------------------------------------------------------------------------------------------
         No.             Enforcement period(s)           Location               Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1....................  July 4th, October--1st    Morehead City Harbor     The waters of the Morehead City Harbor
                        Saturday.                 Channel, NC, Safety      Channel that fall within a 360-yard
                                                  Zone.                    radius of latitude 34[deg]43'01'' N,
                                                                           longitude 076[deg]42'59.6'' W, a
                                                                           position located at the west end of
                                                                           Sugar Loaf Island, NC.
2....................  April--1st or 2nd         Cape Fear River,         The waters of the Cape Fear River
                        Saturday, July 4th,       Wilmington, NC, Safety   within an area bound by a line drawn
                        August--3rd Monday,       Zone.                    from the following points: latitude
                        October--1st Saturday.                             34[deg]13'54'' N, longitude
                                                                           077[deg]57'06'' W; thence northeast
                                                                           to latitude 34[deg]13'57'' N,
                                                                           longitude 077[deg]57'05'' W; thence
                                                                           north to latitude 34[deg]14'11'' N,
                                                                           longitude 077[deg]57'07'' W; thence
                                                                           northwest to latitude 34[deg]14'22''
                                                                           N, longitude 077[deg]57'19'' W;
                                                                           thence east to latitude
                                                                           34[deg]14'22'' N, longitude
                                                                           077[deg]57'06'' W, thence southeast
                                                                           to latitude 34[deg]14'07'' N,
                                                                           longitude 077[deg]57'00'' W; thence
                                                                           south to latitude 34[deg]13'54'' N,
                                                                           longitude 077[deg]56'58'' W; thence
                                                                           to the point of origin, located
                                                                           approximately 500 yards north of Cape
                                                                           Fear Memorial Bridge.

[[Page 22922]]

 
3....................  July 1st Saturday, July   Green Creek and Smith    The waters of Green Creek and Smith
                        4th.                      Creek, Oriental, NC,     Creek that fall within a 300-yard
                                                  Safety Zone.             radius of the fireworks launch site
                                                                           at approximate latitude
                                                                           35[deg]01'29.6'' N, longitude
                                                                           076[deg]42'10.4'' W, located near the
                                                                           entrance to the Neuse River in the
                                                                           vicinity of Oriental, NC.
4....................  May--3rd or 4th           Pasquotank River,        The waters of the Pasquotank River
                        Saturday: July 4th.       Elizabeth City, NC,      within a 300-yard radius of the
                                                  Safety Zone.             fireworks launch barge in approximate
                                                                           position latitude 36[deg]17'47'' N,
                                                                           longitude 076[deg]12'17'' W.
5....................  July 4th or 5th.........  Currituck Sound,         The waters of the Currituck Sound
                                                  Corolla, NC, Safety      within a 300-yard radius of the
                                                  Zone.                    fireworks launch site in approximate
                                                                           position latitude 36[deg]22'23.8'' N,
                                                                           longitude 075[deg]49'56.3'' W,
                                                                           located near Whale Head Bay.
6....................  July 4th, November--3rd   Middle Sound, Figure     The waters of the Figure Eight Island
                        Saturday.                 Eight Island, NC,        Causeway Channel from latitude
                                                  Safety Zone.             34[deg]16'32'' N, longitude
                                                                           077[deg]45'32'' W, thence east along
                                                                           the marsh to latitude 34[deg]16'19''
                                                                           N, longitude 077[deg]44'55'' W,
                                                                           thence south to the causeway at
                                                                           latitude 34[deg]16'16'' N, longitude
                                                                           077[deg]44'58'' W, thence west along
                                                                           the shoreline to latitude
                                                                           34[deg]16'29'' N, longitude
                                                                           077[deg]45'34'' W, thence back to the
                                                                           point of origin.
7....................  June--2nd Saturday, July  Pamlico River,           The waters of Pamlico River and Tar
                        4th.                      Washington, NC, Safety   River within a 300-yard radius of the
                                                  Zone.                    fireworks launch site at approximate
                                                                           position latitude 35[deg]32'25'' N,
                                                                           longitude 077[deg]03'42'' W, a
                                                                           position located on the southwest
                                                                           shore of the Pamlico River,
                                                                           Washington, NC.
8....................  July 4th................  Neuse River, New Bern,   The waters of the Neuse River within a
                                                  NC, Safety Zone.         360-yard radius of the fireworks
                                                                           barge in approximate position
                                                                           latitude 35[deg]06'07.1'' N,
                                                                           longitude 077[deg]01'35.8'' W.
9....................  July--1st Saturday or     Pamlico Sound,           The waters of Pamlico Sound with a 300-
                        Sunday, July 4th.         Ocracoke, NC, Safety     yard radius of the National Park
                                                  Zone.                    Service boat launch site at Ocracoke,
                                                                           NC at position latitude
                                                                           35[deg]07'07'' N, longitude
                                                                           075[deg]59'16'' W.
10...................  July 4th, November--      Motts Channel, Banks     The waters of Motts Channel within a
                        Saturday following        Channel, Wrightsville    500-yard radius of the fireworks
                        Thanksgiving Day.         Beach, NC, Safety Zone.  launch site in approximate position
                                                                           latitude 34[deg]12'29'' N, longitude
                                                                           077[deg]48'27'' W, approximately 560
                                                                           yards south of Sea Path Marina,
                                                                           Wrightsville Beach, NC.
11...................  July 4th................  Cape Fear River,         The waters of the Cape Fear River
                                                  Southport, NC, Safety    within a 600-yard radius of the
                                                  Zone.                    fireworks barge in approximate
                                                                           position latitude 33[deg]54'40'' N,
                                                                           longitude 078[deg]01'18'' W,
                                                                           approximately 700 yards south of the
                                                                           waterfront at Southport, NC.
12...................  July 4th................  Big Foot Slough,         The waters of Big Foot Slough within a
                                                  Ocracoke, NC, Safety     300-yard radius of the fireworks
                                                  Zone.                    launch site in approximate position
                                                                           latitude 35[deg]06'54'' N, longitude
                                                                           075[deg]59'24'' W, approximately 100
                                                                           yards west of the Silver Lake
                                                                           Entrance Channel at Ocracoke, NC.
13...................  August--1st Tuesday.....  New River,               The waters of the New River within a
                                                  Jacksonville, NC,        300-yard radius of the fireworks
                                                  Safety Zone.             launch site in approximate position
                                                                           latitude 34[deg]44'45'' N, longitude
                                                                           077[deg]26'18'' W, approximately one
                                                                           half mile south of the Hwy 17 Bridge,
                                                                           Jacksonville, NC.
14...................  May--3rd or 4th           Bath Creek, Bath, NC,    The waters on Bath Creek within a 300-
                        Saturday, July 4th.       Safety Zone.             yard radius of approximate position
                                                                           35[deg]28'05'' N, 076[deg]48'56'' W,
                                                                           Bath, NC.
15...................  July 4th, October--2nd    Atlantic Intracoastal    The waters of the Atlantic
                        Saturday.                 Waterway, Swansboro,     Intracoastal Waterway within a 300-
                                                  NC, Safety Zone.         yard radius of the fireworks launch
                                                                           position at approximate position
                                                                           latitude 34[deg]41'02'' N, longitude
                                                                           077[deg]07'04'' W, located near
                                                                           Swansboro, NC.
16...................  September--4th or last    Shallowbag Bay, Manteo,  The waters of Shallowbag Bay within a
                        Saturday.                 NC; Safety Zone.         300-yard radius of a fireworks barge
                                                                           anchored at latitude 35[deg]54'31''
                                                                           N, longitude 075[deg]39'42'' W.
17...................  July--3rd or 4th........  Atlantic Intracoastal    The waters of the Atlantic
                                                  Waterway, Surf City,     Intracoastal Waterway within a 300-
                                                  NC, Safety Zone.         yard radius of approximate position
                                                                           latitude 34[deg]25'46'' N, longitude
                                                                           077[deg]33'01'' W, in Surf City, NC.
18...................  September--3rd, 4th, or   Neuse River, New Bern,   The waters within a 300-yard radius of
                        last Friday or Saturday.  NC, Safety Zone..        the fireworks launch location at
                                                                           approximate position latitude
                                                                           35[deg]06'23'' N, longitude
                                                                           077[deg]01'48'' W, on the Neuse
                                                                           River, New Bern, NC.
----------------------------------------------------------------------------------------------------------------


    Dated: April 22, 2021.
Laura M. Dickey
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-08945 Filed 4-29-21; 8:45 am]
BILLING CODE 9110-04-P