[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Rules and Regulations]
[Pages 57358-57369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22496]


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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: Final rule.

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SUMMARY: The Coast Guard is amending its safety zones established for 
recurring marine events and fireworks displays that take place within 
the Fifth Coast Guard District area of responsibility. This final rule 
revises the listing of events that informs the public of regularly 
scheduled fireworks displays that require additional safety measures 
provided by regulations. Through this final rule, the current list of 
recurring marine events requiring safety zones is updated with 
revisions, additional events, and removal of events that no longer take 
place in the Fifth Coast Guard District area of responsibility.

DATES: This rule is effective without actual notice from October 15, 
2021. For the purposes of enforcement, actual notice will be used from 
October 1, 2021, until October 15, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0138 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ethan Coble, Fifth Coast Guard District Office of 
Waterways Management, U.S. Coast Guard; telephone (757) 398-7745, 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 Information and Regulatory History

    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). Since 
then, Marine Events within the Fifth US Coast Guard District have been 
created or changed in a way that varies from their description in this 
regulation. In response, on April 30, 2021, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Safety Zones; Recurring 
Marine Events and Fireworks Displays Within the Fifth Coast Guard 
District, (86 FR 22913). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to recurring 
marine events and firework displays. The comment period ended on June 
1, 2021, and we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be impracticable and contrary to the public interest. Immediate action 
is needed to respond to the potential safety hazards associated with 
the remaining 2021 boating season events. The first of the remaining 
events is a fireworks display scheduled to occur during the Washington 
Nationals major league baseball home game on October 1, 2021, hosted at 
Nationals Park on the Anacostia River. Hazards associated with this 
event include potential hazardous falling debris and possible

[[Page 57359]]

fire, explosion, projectile, and burn hazards.

III. Legal Authority and Need for Rule

    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. 00170.1, Revision No. 
01.2, paragraph (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. The need for this rule 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM, published 
April, 30 2021. There are no changes in the regulatory text of this 
rule from the NPRM.

A. Administrative Changes

    As described in the NPRM, administrative changes to the regulatory 
text will reorganize and consolidate the text, so as to improve the 
readability and reflect revised local policies. The following is a 
summary of changes from the current regulatory text:
     Re-organized to better present information on defined 
terms, applicability of the regulation, when the regulation will be 
enforced, requirements of the regulation, warning sign information, 
postponement or cancellation of an event, COTP contact information, and 
the tables of events.
     Changed language from ``Coast Guard Patrol Commander'' to 
``Event Patrol Commander''.
     Consolidated enforcement regulations into a single 
paragraph (c).
     Changed language in the paragraph regarding warning-sign 
requirements from ``fireworks launch site'' to ``floating platform''.
     Updated applicable contact information for Coast Guard 
Sectors.
     Added a paragraph to give 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.

B. Changes to Table to 33 CFR 165.506

    This rule adds 14 new safety zones, revises 29 previously 
established safety zones, and removes 24 safety zones. Currently there 
is one table of events for all of 33 CFR 165.506. This table has been 
rewritten into separate tables for each COTP zone. Enforcement date 
entries in the table have also be reformatted. Summarized additions, 
revisions and removals from the table are as follows:
New Safety Zones

                             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 Bay--  Delaware Bay, Lewes,  All waters of Delaware Bay off      One period, four
 COTP Zone.                         DE.                   Lewes, DE, within 350 yards of      days.
                                                          the barge anchored in approximate
                                                          position 38[deg]47'12'' N,
                                                          075[deg]07'48'' W.
                                   Great Egg Harbor      The waters of the Great Egg Harbor  One period, one
                                    Bay, Ocean City, NJ.  Bay within a 300-yard radius of     day.
                                                          the fireworks 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 Channel,   All navigable waters of the         Multiple periods
 National Capital Region--COTP      Upper Potomac,        Washington Channel within 200       March through
 Zone.                              Washington, DC.       feet of the fireworks barge,        December each
                                                          which will be located within an     year.
                                                          area bounded on the south by
                                                          latitude 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         One period, one
                                    Washington, DC.       Anacostia River within 400 feet     day.
                                                          of the fireworks 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  One period, one
                                    Baltimore County,     River within 200 yards of the       day.
                                    MD.                   fireworks barge in approximate
                                                          position latitude 39[deg]18'25''
                                                          N, longitude 076[deg]24'27'' W,
                                                          located in Baltimore County, MD.
                                   Susquehanna River,    All navigable waters of the         One period, one
                                    Havre de Grace, MD.   Susquehanna River within 200        day.
                                                          yards of the fireworks 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   One period, one
                                    Annapolis, MD.        within 400 feet of the fireworks    day.
                                                          barge in 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  One period, one
                                    Sherwood Forest, MD.  River within 150 yards of the       day.
                                                          fireworks 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  One period, one
                                    Middle Branch,        Branch of the Patapsco River,       day.
                                    Baltimore, MD.        within 800 feet of a fireworks
                                                          barge 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--COTP  Elizabeth River,      All waters of Elizabeth River       One period, one
 Zone.                              Town Point Reach,     within a 600-foot radius of the     day.
                                    Norfolk, VA.          fireworks display at approximate
                                                          position latitude
                                                          36[deg]50'40.99'' N, longitude
                                                          076[deg]17'45.48'' W near Town
                                                          Point Park, VA.

[[Page 57360]]

 
                                   North Atlantic        All waters of the North Atlantic    One period, three
                                    Ocean, Virginia       Ocean within a 300-yard radius of   days.
                                    Beach, VA.            the center 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, NC  All waters on Bath Creek within a   One period, two
 Carolina--COTP Zone.                                     300-yard radius of approximate      days.
                                                          position 35[deg]28'05'' N,
                                                          076[deg]48'56'' W, Bath, NC.
                                   Atlantic              All waters of the Atlantic          One period, one
                                    Intracoastal          Intracoastal Waterway within a      day.
                                    Waterway, Surf        300-yard radius of approximate
                                    City, NC.             position latitude
                                                          34[deg]25'46''N, longitude
                                                          077[deg]33'01''W, in Surf City,
                                                          NC.
                                   Neuse River, New      All waters within a 300-yard        One period, one
                                    Bern, NC.             radius of the fireworks launch      day.
                                                          location at approximate position
                                                          latitude 35[deg]06'23''N,
                                                          longitude 077[deg]01'48''W, on
                                                          the Neuse River, New Bern, NC.
----------------------------------------------------------------------------------------------------------------

Revised Safety Zones

                              Table 2--Changes to Existing Events in 33 CFR 165.506
----------------------------------------------------------------------------------------------------------------
Current table to  Sec.   165.506                            Revision  (date and/or
              entry                       Location               coordinates)             Reason for change
----------------------------------------------------------------------------------------------------------------
(a.) 5..........................  Barnegat Bay, Barnegat   dates..................  Event no longer occurs in
                                   Township, NJ.                                     September.
(a.) 9..........................  Metedeconk River, Brick  dates..................  Event now takes place in
                                   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 Harbor,  dates..................  April, July, and December
                                   MD.                                               occurrences no longer
                                                                                     occur; added new occurrence
                                                                                     in November.
(b.) 8..........................  Patuxent River, Calvert  dates and coordinates..  The location of the safety
                                   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, North   dates and coordinates..  Safety zone size decreased
                                   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 increased
                                   Washington, DC.                                   from a 150-yard radius to
                                                                                     600-foot radius 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-yard radius 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, Fenwick   dates and coordinates..  Safety zone size decreased
                                   Island, MD.                                       from a 360-yard radius to
                                                                                     200-yard radius without
                                                                                     negative impact to public
                                                                                     safety.

[[Page 57361]]

 
(b.) 23.........................  Baltimore Harbor, MD...  coordinates............  Safety zone size decreased
                                                                                     from a 280-yard radius to
                                                                                     800-foot radius without
                                                                                     negative impact to public
                                                                                     safety.
                                                                                    April Occurrence removed.
(b.) 24.........................  Chester River, Kent      dates and coordinates..  Safety zone moved to a more
                                   Island Narrows, MD.                               open shoreside location and
                                                                                     reduced from a 300-yard
                                                                                     radius to 800-foot 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 Bern,   coordinates............  Language ``located 420 yards
                                   NC.                                               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.
(d.) 14.........................  Shallowbag Bay, Manteo,  coordinates............  The safety zone was
                                   NC.                                               increased from a 200-yard
                                                                                     radius to a 300-yard radius
                                                                                     to account for larger
                                                                                     fireworks display.
----------------------------------------------------------------------------------------------------------------

Safety Zones To Be Removed

                      Table 3--Safety Zones 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 existing
                                                                                     navigation rules does not
                                                                                     negatively impact public
                                                                                     safety.
(a.) (2)........................  Labor Day..............  Indian River Bay, DE...  Removing safety zone and
                                                                                     deferring to existing
                                                                                     navigation rules does not
                                                                                     negatively impact public
                                                                                     safety.
(a.) (3)........................  July 2.................  North Atlantic Ocean,    Removing safety zone and
                                                            Rehoboth Beach, DE.      deferring to existing
                                                                                     navigation rules 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 existing
                                                                                     navigation rules 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 existing
                                                                                     navigation rules does not
                                                                                     negatively impact public
                                                                                     safety.
(a.) 11.........................  July 2nd, 3rd, 4th or    North Atlantic Ocean,    Removing safety zone and
                                   5th October--1st or      Ocean City, NJ.          deferring to existing
                                   2nd Saturday.                                     navigation rules 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 existing
                                                                                     navigation rules 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      Potomac River, Fairview  Event no longer held at this
                                   last 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        Event no longer held at this
                                   or October--1st Friday.  Point, VA.               location.
(c.) 4..........................  July 4th, July 5th,      James River, Newport     Event no longer held at this
                                   July 6th, or July 7th.   News, VA.                location.

[[Page 57362]]

 
(c.) 7..........................  July 4th; December       Elizabeth River          Removing safety zone and
                                   31st; January 1st.       Southern Branch,         deferring to existing
                                                            Norfolk, VA.             navigation rules does not
                                                                                     negatively impact public
                                                                                     safety.
(c.) 8..........................  July--3rd Saturday.....  John H. Kerr Reservoir,  Removing safety zone and
                                                            Clarksville, VA.         deferring to existing
                                                                                     navigation rules does not
                                                                                     negatively impact public
                                                                                     safety.
(c.) 10.........................  September--last          North Atlantic Ocean     Removing safety zone and
                                   Saturday or October--    Safety Zone B,           deferring to existing
                                   1st Saturday.            Virginia Beach, VA.      navigation rules 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,           location.
                                   Weekend.                 Virginia 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,             Event no longer held at this
                                                            Smithfield, 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.
----------------------------------------------------------------------------------------------------------------

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule 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 will 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 safety zones will only be enforced for limited durations, less 
than 24 hours, occurring on specific dates throughout the 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 received zero comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit 
through a safety zone may be small entities, for the reasons stated in 
section IV.A above, this 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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

[[Page 57363]]

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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this 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 determined 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 rule involves 
implementation of regulations within 33 CFR part 165 that apply to 
recurring safety zones are for fireworks displays that take place 
either on or over the navigable waters of the United States. Some 
events by their nature may introduce potential for adverse impact on 
the safety or other interest of waterway users or waterfront 
infrastructure within or close proximity to the event area. It 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 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 1.2.


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

[[Page 57364]]

``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 
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(h). 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
                                   5th.                     Avalon, NJ; Safety       Atlantic Ocean within a 500-
                                                            Zone.                    yard radius of the
                                                                                     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
                                   in June or July.         Township, NJ; Safety     within a 500-yard radius of
                                                            Zone.                    the fireworks barge in
                                                                                     approximate position
                                                                                     latitude 39[deg]44'50'' N,
                                                                                     longitude 074[deg]11'21''
                                                                                     W, approximately 500 yards
                                                                                     north of Conklin Island,
                                                                                     NJ.
3...............................  July 2nd, 3rd, 4th or    North Atlantic Ocean,    The waters of the North
                                   5th.                     Cape May, NJ; Safety     Atlantic Ocean within a 500-
                                                            Zone.                    yard radius of the
                                                                                     fireworks barge in
                                                                                     approximate location
                                                                                     latitude 38[deg]55'36'' N,
                                                                                     longitude 074[deg]55'26''
                                                                                     W, immediately adjacent to
                                                                                     the shoreline at Cape May,
                                                                                     NJ.
4...............................  July 2nd, 3rd, 4th or    Delaware Bay, North      All waters of the Delaware
                                   5th.                     Cape May, NJ; Safety     Bay within a 360-yard
                                                            Zone.                    radius of the fireworks
                                                                                     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
                                                            Township, NJ; Safety     River within a 300-yard
                                                            Zone.                    radius of the fireworks
                                                                                     launch platform in
                                                                                     approximate position
                                                                                     latitude 40[deg]03'24'' N,
                                                                                     longitude 074[deg]06'42''
                                                                                     W, near the shoreline at
                                                                                     Brick Township, NJ.
6...............................  4th Saturday in May....  Barnegat Bay, Ocean      All waters of Barnegat Bay
                                                            Township, NJ; Safety     within a 500-yard radius of
                                                            Zone.                    the fireworks 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
                                   5th.                     Parker Island, NJ;       Harbor within a 500-yard
                                                            Safety Zone.             radius of the fireworks
                                                                                     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
                                   1st through December     Chester, PA; Safety      River near Chester, PA,
                                   31st specified by        Zone.                    just south of the Commodore
                                   Notice of Enforcement                             Barry Bridge within a 500-
                                   published in the                                  yard radius of the
                                   Federal Register and                              fireworks barge located in
                                   broadcast via                                     approximate position
                                   Broadcast Notice to                               latitude 39[deg]49'43.2''
                                   Mariners.                                         N, longitude
                                                                                     075[deg]22'42'' W.
9...............................  One Saturday or Sunday   Delaware River,          All waters of the Delaware
                                   in either June or July.  Essington, PA; Safety    River near Essington, PA,
                                                            Zone.                    west of Little Tinicum
                                                                                     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     Delaware River,          All waters of Delaware
                                   1st through December     Philadelphia, PA;        River, adjacent to Penn's
                                   31st specified by        Safety Zone.             Landing, Philadelphia, PA,
                                   Notice of Enforcement                             within a 500-yard radius of
                                   published in the                                  a fireworks barge at
                                   Federal Register and                              approximate position
                                   broadcast via                                     latitude 39[deg]56'49'' N,
                                   Broadcast Notice to                               longitude 075[deg]08'11''
                                   Mariners.                                         W.
11..............................  One Friday, Saturday or  Rehoboth Bay, DE;        All waters within a 500-yard
                                   Sunday in May; and       Safety Zone.             radius of a fireworks barge
                                   July 2nd, 3rd, 4th or                             located at position
                                   5th; and December 31st.                           latitude 38[deg]41'21'' N,
                                                                                     longitude 075[deg]05'00'' W
                                                                                     at Rehoboth Bay near Dewey
                                                                                     Beach, DE.

[[Page 57365]]

 
12..............................  July 2nd, 3rd, 4th or    Delaware Bay, Lewes,     All waters of Delaware Bay
                                   5th.                     DE; Safety Zone.         off Lewes, 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
                                                            Ocean City, NJ; Safety   Harbor Bay within a 300-
                                                            Zone.                    yard radius of the
                                                                                     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 2 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
                                   1st through December     Upper Potomac River,     Channel within a 200-foot
                                   31st. Whenever           Washington, DC; Safety   radius of the fireworks
                                   feasible, the COTP       Zone.                    floating platform which
                                   will publish a Notice                             will be located within an
                                   of Enforcement at                                 area bounded on the south
                                   least 2 days in                                   by latitude 38[deg]52'30''
                                   advance of the event                              N, and bounded on the north
                                   in the Federal                                    by the southern extent of
                                   Register. Each day                                the Francis Case (I-395)
                                   that the duration of                              Memorial Bridge, located at
                                   each enforcement of                               Washington, DC.
                                   the zone is expected
                                   to be 5 hours or less.
2...............................  July 4th...............  Severn River and Spa     The waters of the Severn
                                                            Creek, Annapolis, MD;    River and Spa Creek within
                                                            Safety Zone.             a 200-yard radius of the
                                                                                     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
                                                            Washington, DC; Safety   Potomac River within a 200-
                                                            Zone.                    yard radius of the
                                                                                     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
                                   2nd or 3rd Saturday.     Channel), Patapsco       River within a 200-yard
                                                            River, MD; Safety Zone.  radius of the 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
                                   Thursday; November--     Patapsco River, MD;      River within a 100-yard
                                   2nd Saturday or Sunday.  Safety Zone.             radius of the 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          Baltimore Inner Harbor,  The waters of the Patapsco
                                   Thursday or Friday;      Patapsco River, MD,      River within a 100-yard
                                   July 4th; December       Safety Zone.             radius of approximate
                                   31st.                                             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
                                   Saturday or Sunday.      Washington, DC; Safety   Anacostia River within a
                                                            Zone.                    400-foot radius of the
                                                                                     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
                                   or Saturday before or    County, MD; Safety       River within a 200-yard
                                   after Independence Day   Zone.                    radius of the fireworks
                                   (observed).                                       barge located at latitude
                                                                                     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
                                   after Independence Day   Chesapeake Beach, MD,    Bay within a 200-yard
                                   (observed).              Safety Zone.             radius of the 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
                                                            Cambridge, MD; Safety    River within a 300-yard
                                                            Zone.                    radius of the 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.

[[Page 57366]]

 
11..............................  July 4th, or Saturday    Middle River, Baltimore  All waters of the Middle
                                   or Sunday before or      County, MD; Safety       River within a 200-yard
                                   after Independence Day   Zone.                    radius of the fireworks
                                   (observed).                                       barge in approximate
                                                                                     position 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
                                   Saturday or Sunday       Havre de Grace, MD;      Susquehanna River within a
                                   before or after          Safety Zone.             200-yard radius of the
                                   Independence Day                                  fireworks barge in
                                   (observed).                                       approximate position
                                                                                     latitude 39[deg]32'19'' N,
                                                                                     longitude 076[deg]04'58.3''
                                                                                     W, located at Havre de
                                                                                     Grace, MD.
13..............................  July 4th or the          Susquehanna River,       The waters of the
                                   Saturday or Sunday       Havre de Grace, MD;      Susquehanna River within a
                                   before or after          Safety Zone.             300-yard radius of
                                   Independence Day                                  approximate position
                                   (observed).                                       latitude 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
                                   Saturday before or       Michaels, MD; Safety     Miles River within a 150-
                                   after Independence Day   Zone.                    yard radius of the
                                   (observed).                                       fireworks barge in
                                                                                     approximate 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
                                                            MD; Safety Zone.         within a 400-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
                                   after Independence Day   Oxford, MD; Safety       River within a 150-yard
                                   (observed).              Zone.                    radius of the 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
                                                            East, MD; Safety Zone.   Northeast 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
                                   Saturday.                Washington, DC; Safety   Potomac River within a 300-
                                                            Zone.                    yard radius of the
                                                                                     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
                                   at the conclusion of     Washington, DC; Safety   River within a 600-foot
                                   evening MLB games at     Zone.                    radius of the fireworks
                                   Washington Nationals                              barge in approximate
                                   Ball Park.                                        position latitude
                                                                                     38[deg]52'12.71'' 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
                                   July--1st Saturday;      William County, VA;      River within a 150-yard
                                   July--3rd, 4th or last   Safety Zone.             radius of the fireworks
                                   Saturday September--                              barge in approximate
                                   Saturday before Labor                             position latitude
                                   Day (observed).                                   38[deg]34'07.97'' N,
                                                                                     longitude
                                                                                     077[deg]15'37.39'' W,
                                                                                     located near Cherry Hill,
                                                                                     VA.
21..............................  July 4th...............  North Atlantic Ocean,    The waters of the North
                                                            Ocean City, MD; Safety   Atlantic Ocean in an area
                                                            Zone.                    bound by the following
                                                                                     points: latitude
                                                                                     38[deg]19'39.9'' N,
                                                                                     longitude 075[deg]05'03.2''
                                                                                     W; thence to latitude
                                                                                     38[deg]19'36.7'' N,
                                                                                     longitude 075[deg]04'53.5''
                                                                                     W; thence to latitude
                                                                                     38[deg]19'45.6'' N,
                                                                                     longitude 075[deg]04'49.3''
                                                                                     W; thence to latitude
                                                                                     38[deg]19'49.1'' N,
                                                                                     longitude 075[deg]05'00.5''
                                                                                     W; thence to point of
                                                                                     origin. The size of the
                                                                                     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
                                   Memorial Day             Ocean City, MD; Safety   Bay within a 150-yard
                                   (observed) July 4th      Zone.                    radius of the fireworks
                                   August/September--                                barge in approximate
                                   Sunday before Labor                               position latitude
                                   Day (observed) or                                 38[deg]22'31'' N, longitude
                                   Labor Day (observed).                             075[deg]04'30'' W, located
                                                                                     at Ocean City, MD.
23..............................  July 4th...............  Assawoman Bay, Fenwick   The waters of Assawoman Bay
                                                            Island--Ocean City,      within a 200-yard radius of
                                                            MD; Safety Zone.         the fireworks 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.
24..............................  July 4th; December 31st  Baltimore Harbor,        The waters of Baltimore
                                                            Baltimore Inner          Harbor, Patapsco River,
                                                            Harbor, MD; Safety       within an 800-foot radius
                                                            Zone.                    of the fireworks barge in
                                                                                     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.

[[Page 57367]]

 
25..............................  July 4th, or the         Chester River, Kent      All navigable waters of
                                   Tuesday, Wednesday or    Island Narrows, MD,      Chester River, Kent Island
                                   Thursday before          Safety Zone.             Narrows (North Approach),
                                   Independence Day                                  within 800 feet of the
                                   (observed).                                       fireworks launch site at
                                                                                     Kent Island in 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         Severn River, Sherwood   The waters of the Severn
                                   Friday, Saturday or      Forest, MD; Safety       River within a 150-yard
                                   Sunday after             Zone.                    radius of the fireworks
                                   Independence Day                                  discharge site located at
                                   (observed).                                       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.
27..............................  July 4th...............  Patapsco River-Middle    The waters of the Middle
                                                            Branch, Baltimore, MD;   Branch of the Patapsco
                                                            Safety Zone.             River, within an 800-feet
                                                                                     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 3 to Paragraph (h)(3)
----------------------------------------------------------------------------------------------------------------
               No.                 Enforcement period(s)           Location          Safety zone--regulated area
----------------------------------------------------------------------------------------------------------------
1...............................  July 4th...............  Linkhorn Bay, Virginia   All waters of the Linkhorn
                                                            Beach, VA, Safety Zone.  Bay within 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
                                                            VA, Safety Zone.         within a 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
                                   1st Friday; July 4th.    Norfolk, VA, Safety      Bay within a 400-yard
                                                            Zone.                    radius of the 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
                                                            Virginia Beach, VA,      Atlantic Ocean within a
                                                            Safety Zone A.           1,000-yard radius of the
                                                                                     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
                                                            Suffolk, VA, Safety      River within a 350-yard
                                                            Zone.                    radius of 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
                                                            Williamsburg, VA,        Chickahominy River within a
                                                            Safety Zone.             400-yard radius of the
                                                                                     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
                                   Friday, Saturday and     Cape Charles, VA,        Harbor located within a 125
                                   Sunday; December 31st.   Safety Zone.             yard-radius of 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
                                                            Virginia Beach, VA,      located within a 200-yard
                                                            Safety Zone.             radius of the 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
                                                            Virginia Beach, VA,      Bay 400 yard radius of the
                                                            Safety Zone.             fireworks display 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
                                                            Branch, Norfolk, VA;     Elizabeth River within the
                                                            Safety Zone.             area along the 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.

[[Page 57368]]

 
11..............................  April: Last Friday,      North Atlantic Ocean,    All water of the North
                                   Saturday and Sunday.     Virginia Beach, VA,      Atlantic Ocean within a 300-
                                                            Safety Zone.             yard radius of 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 4 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
                                   Saturday.                Channel, NC, Safety      City Harbor Channel that
                                                            Zone.                    fall within a 360-yard
                                                                                     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
                                   Saturday; July 4th;      Wilmington, NC, Safety   River within an area bound
                                   August--3rd Monday;      Zone.                    by a line drawn from the
                                   October--1st Saturday.                            following points: Latitude
                                                                                     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.
3...............................  July 1st Saturday; July  Green Creek and Smith    The waters of Green Creek
                                   4th.                     Creek, Oriental, NC,     and Smith Creek that fall
                                                            Safety Zone.             within a 300-yard 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
                                   Saturday; July 4th.      Elizabeth City, NC,      River within a 300-yard
                                                            Safety Zone.             radius of the 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
                                                            Corolla, NC, Safety      Sound within a 300-yard
                                                            Zone.                    radius of the 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
                                   Saturday.                Eight Island, NC,        Eight Island Causeway
                                                            Safety Zone.             Channel from latitude
                                                                                     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;      Pamlico River,           The waters of Pamlico River
                                   July 4th.                Washington, NC, Safety   and Tar River within a 300-
                                                            Zone.                    yard radius of the
                                                                                     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
                                                            NC, Safety Zone.         River within a 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
                                   Sunday; July 4th.        Ocracoke, NC, Safety     with a 300-yard radius of
                                                            Zone.                    the National Park 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
                                   Saturday following       Channel, Wrightsville    within a 500-yard radius of
                                   Thanksgiving Day.        Beach, NC, Safety Zone.  the fireworks 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
                                                            Southport, NC, Safety    River within a 600-yard
                                                            Zone.                    radius of the 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.

[[Page 57369]]

 
12..............................  July 4th...............  Big Foot Slough,         The waters of Big Foot
                                                            Ocracoke, NC, Safety     Slough within a 300-yard
                                                            Zone.                    radius of the fireworks
                                                                                     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
                                                            Jacksonville, NC,        within a 300-yard radius of
                                                            Safety Zone.             the fireworks 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
                                   Saturday; July 4th.      Safety Zone.             within a 300-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
                                                            NC, Safety Zone.         within a 300-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
                                   Saturday.                NC; Safety Zone.         within a 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
                                                            NC, Safety Zone.         within a 300-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
                                   last Friday or           NC, Safety Zone.         radius of the fireworks
                                   Saturday.                                         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: October 1, 2021.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-22496 Filed 10-14-21; 8:45 am]
BILLING CODE 9110-04-P