2013-04622. Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District  

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    AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to revise the list of special local regulations and safety zones established for recurring marine events and fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This rulemaking proposes to revise Coast Guard regulations by adding 15 new annual recurring marine events, fireworks displays and revising event date(s) and coordinates for 31 previously established locations within the geographic boundary of the Fifth Coast Guard District. This proposed rule would also delete 21 previously listed marine events, fireworks displays and corresponding regulated areas that no longer occur. These regulations would apply to all events listed in the table attached to the regulation, and include events such as regattas, power boat races, marine parades, swimming races and fireworks displays. Special local regulations and safety zones are being proposed to provide for the safety of life on navigable waters during these events, reduce the Coast Guard's administrative workload and expedite public notification of events. Entry into or movement within these proposed regulated areas during the enforcement periods is prohibited without approval of the appropriate Captain of the Port.

    DATES:

    Comments and related material must be received by the Coast Guard on or before April 1, 2013.

    ADDRESSES:

    You may submit comments identified by docket number using any one of the following methods:

    (1) Federal eRulemaking Portal: http://www.regulations.gov.

    (2) Fax: 202-493-2251.

    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

    See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods.

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    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Dennis M. Sens, Prevention Division, Fifth Coast Guard District, (757) 398-6204, Dennis.M.Sens@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366-9826.

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    SUPPLEMENTARY INFORMATION:

    Table of Acronyms

    DHS Department of Homeland Security

    FR Federal Register

    NPRM Notice of Proposed Rulemaking

    A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.

    1. Submitting Comments

    If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http://www.regulations.gov,, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.

    To submit your comment online, go to http://www.regulations.gov,, type the docket number [USCG-2012-0970] in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this rulemaking.

    If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments.

    2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov,, type the docket number (USCG-2012-0970) in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    3. Privacy Act

    Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

    4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.Start Printed Page 13577

    B. Regulatory History and Information

    The special local regulations at 33 CFR 100.501 were amended in the January 19, 2012, issue of the Federal Register (77 FR 2632). The purpose of the rulemaking was to revise the TABLE to 33 CFR 100.501 by adding new annual recurring marine events, modifying event date(s) for previously established locations within the geographic boundary of the Fifth Coast Guard District; and delete previously listed marine events and corresponding regulated areas that no longer occur.

    The safety zones at 33 CFR 165.506 were amended in the March 23, 2012, issue of the Federal Register (77 FR 16932). The Coast Guard revised the list of permanent safety zones in the TABLE to 33 CFR 165.506, for recurring fireworks displays, by adding new locations, deleting previously established locations and modifying previously established locations within the geographic boundary of the Fifth Coast Guard District.

    C. Basis and Purpose

    The Coast Guard proposes to revise the list of permanent special local regulations at 33 CFR 100.501 and safety zones at 33 CFR 165.506, established for recurring marine events and fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. The Fifth Coast Guard District is comprised of the land areas and U.S. navigable waters adjacent to North Carolina, Virginia, District of Columbia, Maryland, Delaware and portions of Pennsylvania and New Jersey. For a detailed description of the geographical area of the district and each Coast Guard Sector—Captain of the Port Zone, please see 33 CFR 3.25.

    Special Local Regulations

    Under 33 CFR 100.35, the Coast Guard District Commander has authority to promulgate certain special local regulations deemed necessary to ensure the safety of life on the navigable waters immediately before, during, and immediately after an approved regatta or marine parade. Currently there are 59 special local regulations that are established and enforced at various periods throughout the year that are held on an annual basis. This proposed rule will decrease the total number of special local regulations to 51 locations for marine events within the boundary of the Fifth Coast Guard District. This regulation currently includes events such as sailing regattas, power boat races, swim races, holiday parades, crew and other paddle craft races. The Coast Guard proposes to revise the list of special local regulations at 33 CFR 100.501, established for various marine events, by adding 7 new annual recurring events and revising 13 previously established locations within the geographic boundary of the Fifth Coast Guard District. This rule also deletes 15 previously listed marine events and corresponding regulated areas that are no longer occurring.

    The Coast Guard proposes to revise regulations at 33 CFR 100.501 by adding 7 new marine event locations to the permanent special local regulations listed in this section. The new special local regulations are listed in the following table, including reference by section as printed in the Table to § 100.501.

    No.Table to § 100.501 sectionLocation
    1a.14Intra Coastal Waterway, Ocean City, NJ.
    2a.15Intra Coastal Waterway, Atlantic City, NJ.
    3b.3Spa Creek and Annapolis Harbor, MD.
    4b.15Potomac River, MD (near US-301 bridge).
    5b.16Potomac River, MD (near National Hbr. Marina).
    6b.20Patuxent River, Solomons, MD.
    7d.5Lake Gaston, Littleton, NC.

    The Coast Guard proposes to revise regulations at 33 CFR 100.501 by modifying 13 existing regulated areas. This revision involves changes to event date(s) and coordinates as indicated in the next table. The revised special local regulations are listed in the following table, including reference by section as printed in the Table to § 100.501.

    No.Table to § 100.501 sectionLocationRevision
    1a.2Delaware River, Delaware City, DEdate.
    2a.8N. Atlantic Ocean, Atlantic City, NJdate.
    3b.1Severn River (near USN Academy)coordinates.
    4b.2Severn River (near USN Academy)date & coordinates.
    5b.10Nanticoke River, Sharptown, MDdate & coordinates.
    6b.11Prospect Bay, Kent Island, MDdate.
    7c.1W. Branch Elizabeth River, Portsmouth, VAdate.
    8c.4N. Atlantic Ocean, Ocean City, MDdate.
    9c.5Elizabeth River, Norfolk, VAdate.
    10c.6Rappahannock River, Layton, VAdate.
    11c.7Assateague Channel, Chincoteague, VAdate.
    12c.9Sunset Creek & Hampton River, Hampton, VAdate.
    13c.10Back River, Poquoson, VAdate.

    The Coast Guard proposes to amend regulations at 33 CFR 100.501 by disestablishing the following 15 special local regulated areas.

    DateEventRegulated area
    April—2nd SaturdaySt. Mary's College Seahawk SprintSpecified waters of St. Mary's River, Maryland.
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    September—4th or last Saturday and SundayChesapeake Bay Powerboat Association Cambridge Offshore ChallengeSpecified waters of Choptank River, between Goose Point, MD and Oystershell Point, MD.
    September—4th or last SaturdayColumbia Triathlon Assn. Inc. Chesapeakeman Ultra TriathlonSpecified waters of Choptank River near Great Marsh Park, Cambridge, MD.
    April—4th Friday and SaturdayCrawford Bay Crew Classic, Port Events, Inc.Specified waters of Southern Branch, Elizabeth River, Virginia.
    April—4th Saturday and SundayWet Spring RegattaSpecified waters of Willoughby Bay near Norfolk, Virginia.
    May—2nd Friday and SaturdayHydroplane races, Virginia Boat Racing Assn.Specified waters of Western Branch, Elizabeth River near City Park, Portsmouth, Virginia.
    July—3rd SundayWatermen's Heritage Festival Workboat Races, Watermen's Museum of Yorktown, VASpecified waters of York River, near Yorktown, Virginia.
    August—1st Friday, Saturday and SundayPower boat race, East Coast Boat Racing Club of New JerseySpecified waters of Chesapeake Bay near Cape Charles, Virginia.
    September—2nd Friday and SaturdayOcean City, MD power boat race, Offshore Performance Assn. Racing, LLCSpecified waters of North Atlantic Ocean Near Ocean City, Maryland.
    October—1st Saturday and SundayClarksville Hydroplane Challenge, Virginia Boat Racing AssociationSpecified waters of John H. Kerr Reservoir, adjacent to the State Route 15 Highway Bridge and Occoneechee State Park, Clarksville, Virginia.
    October—2nd FridayU.S. Navy Fleet Week Celebration.Specified waters of Elizabeth River and its southern and eastern branches in the vicinity of Norfolk and Portsmouth, Virginia.
    October—2nd Saturday and SundayHydroplane races, Virginia Boat Racing Assn.Specified waters of Western Branch, Elizabeth River, near City Park, Portsmouth, Virginia.
    October—last Saturday and SundayHampton Roads Sailboard ClassicSpecified waters of Willoughby Bay, near Norfolk Virginia.
    November—1st Friday and SaturdayInternational Search and Rescue Competition, Norfolk, VASpecified waters of Southern Branch, Elizabeth River, Portsmouth, Virginia.
    November—4th or last SaturdayHolidays in the City, Norfolk Festevents, Ltd.Specified waters of Elizabeth River and its southern and eastern branches in the vicinity of Norfolk and Portsmouth, Virginia.

    In the past, the Coast Guard regulated marine events by creating individual special local regulations on a case by case basis. Most of these events required only the establishment of a regulated area and assignment of a patrol commander to ensure safety. Issuing individual, annual special local regulations has imposed a significant administrative burden on the Coast Guard.

    Additionally, for the majority of these events, the Coast Guard does not receive notification of the marine event, or important details of the event are not finalized by event organizers, with sufficient time to publish a notice of proposed rulemaking and final rule before the event date. The Coast Guard must therefore issue temporary final rules that sometimes are completed only days before the event. This results in delayed notification to the public, potentially placing the public and event participants at risk.

    This proposed rule would significantly relieve the administrative burden on the Coast Guard, and at the same time allow the sponsor of the event and the Coast Guard to notify the public of these events in a timely manner. The public would be provided with notice of events through the table attached to this regulation. This table lists each recurring marine event that may be regulated by the Coast Guard, and indicates the sponsor, as well as the date(s) and location of the event. Because the dates and locations of these events may change slightly from year to year, the specific information on each event, including the exact dates, specific areas, and description of the regulated area, would be provided to the public through a Local Notice to Mariners published before the event, as well as through Broadcast Notice to Mariners. This table would also be updated by the Coast Guard periodically to add new recurring events, update listed events to ensure accurate information is provided and remove events that no longer occur.

    Based on the nature of marine events, large number of participants and spectators, and event locations, the Coast Guard has determined that the events listed in this rule could pose a risk to participants or waterway users if normal vessel traffic were to interfere with the event. Possible hazards include risks of participant injury or death resulting from near or actual contact with non-participant vessels traversing through the regulated areas. In order to protect the safety of all waterway users including event participants and spectators, this proposed rule would establish special local regulations for the time and location of each marine event.

    This proposed rule prevents vessels from entering, transiting, mooring or anchoring within areas specifically designated as regulated areas during the periods of enforcement unless authorized by the Captain of the Port, or designated Coast Guard Patrol Commander. The designated “Patrol Commander” includes Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port to act on their behalf. On-scene patrol commander may be augmented by local, State or Federal officials authorized to act in support of the Coast Guard.

    Safety Zones

    Under 33 CFR 165.23, the Coast Guard District Commander has authority to promulgate certain safety zones deemed necessary to ensure the safety of life on the navigable waters immediately before, during, and immediately after an approved fireworks displays. In this rule the Coast Guard proposes to revise the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. For a description of the geographical area of the Fifth District and subordinate Coast Guard Sectors—Captain of the Port Zones, please see 33 Start Printed Page 13579CFR 3.25. Currently there are 74 permanent safety zones established for fireworks displays within the geographic boundaries of the Fifth Coast Guard District. This rule will increase the total number of permanent safety zones to 76 locations for fireworks displays within the boundary of the Fifth Coast Guard District. The Coast Guard proposes to revise the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays, by adding 8 new locations, modifying 18 previously established locations and deleting 6 previously established locations within the geographic boundary of the Fifth Coast Guard District

    This rule proposes to add 8 new safety zone locations to the permanent safety zones listed in 33 CFR 165.506. The new safety zones are listed in the following table, including reference by section as printed in the Table to § 165.506.

    No.Table to § 165.506 sectionLocation
    1b.4Potomac River, Charles County, Newburg, MD.
    2c.19James River, Richmond, VA.
    3c.20Rappahannock River, Tappahannock, VA.
    4c.21Cape Charles Harbor, Cape Charles, VA.
    5c.22Pagan River, Smithfield, VA.
    6c.23Sandbridge Shores, Virginia Beach, VA.
    7c.24Chesapeake Bay, Virginia Beach, VA.
    8d.14Pantego Creek, Bellhaven, NC.

    The Coast Guard proposes to revise regulations at 33 CFR 165.506 by modifying 18 existing permanent safety zone locations. The revision involves changes to event date(s) and coordinates as indicated in the following table, including reference by section as printed in the Table to § 165.506.

    No.Table to § 165.506 sectionLocationRevision
    1a.2Indian River Bay, DEcoordinates.
    2a.4N. Atlantic Ocean, Avalon, NJcoordinates.
    3a.16Delaware River, Philadelphia, PAdates.
    4b.1Washington Channel, Upper Potomac River, Washington, DCcoordinates.
    5b.2Severn River & Spa Creek, Annapolis, MDcoordinates.
    6b.5NW Harbor (East Channel), Patapsco River, MDcoordinates.
    7b.12Fairview Beach, Potomac River, Charles County, MDcoordinates.
    8b.15National Harbor, Potomac River, MDdate.
    9b.16Susquehanna River, Havre de Grace, MDdate & coordinates.
    10b.18Tred Avon River, Oxford, MDdate.
    11b.20Upper Potomac River, Washington, DCdate & coordinates.
    12b.22Potomac River, Cherry Hill, VAdates & coordinates.
    13d.1Morehead City Harbor Channel, NCdate.
    14d.2Cape Fear River, Wilmington, NCdate.
    15d.3Green Creek & Smith Creek, Oriental, NCdate.
    16d.4Pasquotank River, Elizabeth, City, NCcoordinates.
    17d.5Currituck Sound, Corolla, NCdate & coordinates.
    18d.7Pamlico River, Washington, NCdate & coordinates.

    The Coast Guard proposes to amend regulations at 33 CFR 165.506 by disestablishing the following 6 permanent safety zones.

    DateFireworks display locationRegulated area
    July 4th, December 31stPatapsco River, (Middle Branch) Baltimore, MDSpecified waters of Patapsco River, Middle Branch, near Hanover Street (SR-2) Bridge, Baltimore, Maryland.
    July 4thChester River, Kent Island Narrows, MDSpecified waters of Chester River north of Kent Island Narrows (US-50/301) Bridge, Maryland.
    July 4thChincoteague Channel, Chincoteague, VASpecified waters of Chincoteague Channel southwest of Chincoteague Swing Bridge, Chincoteague, Virginia.
    July 9thChesapeake Bay, Hampton, VASpecified waters of Chesapeake Bay near Buckroe Beach, Hampton, Virginia.
    May—2nd Saturday, September—1st Saturday and Sunday, December—1st SaturdayAppomattox River, Hopewell, VASpecified waters of Appomattox River near Hopewell, Virginia.
    July 4thJames River, Williamsburg, VASpecified waters of James River near Kingsmill Resort, Williamsburg, Virginia.

    The Coast Guard typically receives numerous applications for fireworks displays in these general areas. Previously, a temporary safety zone was established on an emergency basis for each display. This limited the Start Printed Page 13580opportunity for public comment. Establishing permanent safety zones through notice and comment rulemaking provides the public the opportunity to comment on the safety zone locations, size, and length of time the zones will be enforced.

    Each year organizations in the Fifth Coast Guard District sponsor fireworks displays in the same general location and time period. Each event uses a barge or an on-shore site near the shoreline as the fireworks launch platform. A safety zone is used to control vessel movement within a specified distance surrounding the launch platforms to ensure the safety of persons and property. Coast Guard personnel on scene may allow boaters within the safety zone if conditions permit.

    The Coast Guard would publish notices in the Federal Register if an event sponsor reported a substantive change to the listed event venue or date. In the case of inclement weather the event usually will be conducted on the day following the date listed in the Table to § 165.506. Coast Guard Captains of the Port would give notice of the enforcement of each safety zone by all appropriate means to provide the widest dissemination of notice among the affected segments of the public. This would include publication in the Local Notice to Mariners and Marine Information Broadcasts. Marine information and facsimile broadcasts may also be made for these events, beginning 24 to 48 hours before the event. Fireworks barges or launch sites on land used in the locations stated in this rulemaking would also display a sign labeled “FIREWORKS—DANGER—STAY AWAY”. The sign would be affixed to the port and starboard side of the barge or mounted on a post 3 feet above ground level when on land and in close proximity to the shoreline facing the water. This sign provides on scene notice that the safety zone is or will be enforced on that day. The sign will be diamond shaped, 4 foot by 4 foot with a 3-inch orange retro-reflective border. The word “DANGER” shall be 10-inch black block letters centered on the sign with the words “FIREWORKS” and “STAY AWAY” in 6 inch black block letters placed above and below the word “DANGER” respectively on a white background. There would also be a Coast Guard patrol vessel on scene 30 minutes before the display is scheduled to start until 30 minutes after its completion to enforce the safety zone.

    The enforcement period for these proposed safety zones is from 5:30 p.m. to 1 a.m. local time. However, vessels may enter, remain in, or transit through these safety zones during this timeframe if authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene, as provided for in 33 CFR 165.23.

    This rule is being proposed to provide for the safety of life on navigable waters during the events and to give the marine community the opportunity to comment on the proposed zone locations, size, and length of time the zones will be active.

    D. Discussion of Proposed Rule

    This proposed rule would apply to each event listed in the attached tables to this rule. Events listed in the tables are events that recur annually in the Fifth Coast Guard District. The tables provide the event name and sponsor, as well as an approximate date and location of the event.

    For each event listed in the table, an event patrol, with a Patrol Commander in charge, may be assigned. The Patrol Commander may control the movement of all vessels in the regulated area(s). When hailed or signaled by an official patrol vessel, a vessel in these areas would be required to immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. The Coast Guard Patrol Commander may terminate the event, or the operation of any vessel participating in the event, at any time it is deemed necessary for the protection of life or property. Only event sponsors, designated participants, and official patrol vessels would be allowed to enter a regulated area. All persons and vessels not registered with the event sponsor as participants or official patrol vessels are considered spectators. Spectators may not enter the regulated area and may be confined to a designated spectator area to view the event. Spectators may contact the Coast Guard Patrol Commander to request permission to pass through the regulated area. If permission is granted, spectators would be required to pass directly through the regulated area at safe speed and without loitering.

    E. Regulatory Analyses

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

    1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.

    We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This finding is based on the short amount of time that vessels would be restricted from regulated areas, and the small size of these areas that are typically positioned away from high vessel traffic zones. Vessels would not be precluded from getting underway, or mooring at any piers or marinas currently located in the vicinity of the proposed regulated areas. Advance notifications would also be made to the local maritime community by issuing Local Notice to Mariners, Marine information and facsimile broadcasts so mariners can adjust their plans accordingly. Notifications to the public for most events will usually be made by local newspapers, radio and TV stations. The Coast Guard anticipates that these special local regulated areas and safety zones will only be enforced 1 to 3 times per year.

    2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this proposed rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities some of which may be small entities: The owners and operators of vessels intending to transit or anchor in the proposed regulated areas during the times these zones are enforced.

    These proposed regulated areas and 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 event participants and spectators. The enforcement period will be short in duration and, in many of the areas, vessels can transit safely around the regulated area. Generally, blanket permission to enter, remain in, or transit through these regulated areas will be given except during the period that the Coast Guard patrol vessel is present. Before the enforcement period, we will issue maritime advisories widely.Start Printed Page 13581

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    4. Collection of Information

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

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and determined that this rule does not have implications for federalism.

    6. Protest Activities

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

    7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    8. Taking of Private Property

    This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

    9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

    10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.

    11. Indian Tribal Governments

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

    12. Energy Effects

    This proposed rule is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

    13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

    14. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.

    This proposed rule involves implementation of regulations within 33 CFR part 100 that apply to organized marine events on the navigable waters of the United States that may have potential for negative impact on the safety or other interest of waterway users and shore side activities in the event area. The category of water activities includes but is not limited to sail boat regattas, boat parades, power boat racing, swimming events, crew racing, and sail board racing. This section of the rule is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are not required for this section of the rule.

    This proposed rule involves implementation of regulations at 33 CFR part 165 that establish safety zones on navigable waters of the United States for fireworks events. These safety zones are enforced for the duration of fireworks display events. The fireworks are launched from or immediately adjacent to navigable waters of the United States. The category of activities includes fireworks launched from barges or near the shoreline that generally rely on the use of navigable waters as a safety buffer. This section of the rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    Start List of Subjects

    List of Subjects

    33 CFR Part 100

    • Marine safety
    • Navigation (water)
    • Reporting and recordkeeping requirements
    • Waterways

    33 CFR Part 165

    • Harbors
    • Marine safety
    • Navigation (water)
    • Reporting and recordkeeping requirements
    • Security measures
    • Waterways
    End List of Subjects

    For the reasons discussed in the preamble, the Coast Guard proposes to Start Printed Page 13582amend 33 CFR parts 100 and 165 as follows:

    Start Part

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS

    End Part Start Amendment Part

    1. The authority citation for part 100 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 33 U.S.C. 1233.

    End Authority Start Amendment Part

    2. Amend section 100.501 by revising TABLE TO § 100.501 to read as follows:

    End Amendment Part
    Special Local Regulations; Marine Events in the Fifth Coast Guard District.
    * * * * *

    Table to § 100.501

    [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983]

    No.DateEventSponsorLocation
    (a.) Coast Guard Sector Delaware Bay—COTP Zone
    1June—1st SundayAtlantic County Day at the BayAtlantic County, New JerseyThe waters of Great Egg Harbor Bay, adjacent to Somers Point, New Jersey, bounded by a line drawn along the following boundaries: the area is bounded to the north by the shoreline along John F. Kennedy Park and Somers Point, New Jersey; bounded to the east by the State Route 52 bridge; bounded to the south by a line that runs along latitude 39°18′00″ N; and bounded to the west by a line that runs along longitude 074°37′00″ W.
    2May—3rd SundayAnnual Escape from Fort Delaware TriathlonEscape from Fort Delaware Triathlon, IncAll waters of the Delaware River between Pea Patch Island and Delaware City, Delaware, bounded by a line connecting the following points: latitude 39°36′35.7″ N, longitude 075°35′25.6″ W, to latitude 39°34′57.3″ N, longitude 075°33′23.1″ W, to latitude 39°34′11.9″ N, longitude 075°34′28.6″ W, to latitude 39°35′52.4″ N, longitude 075°36′33.9″ W.
    3June—Last SaturdayWestville Parade of LightsBorough of Westville and Westville Power BoatAll waters of Big Timber Creek in Westville, NJ from shoreline to shoreline bounded on the south from the Route 130 Bridge and to the north by the entrance of the Delaware River.
    4July—3rd SundayOPA Atlantic City Grand PrixOffshore Performance Assn. (OPA)The waters of the Atlantic Ocean, adjacent to Atlantic City, New Jersey, bounded by a line drawn between the following points: southeasterly from a point along the shoreline at latitude 39°21′50″ N, longitude 074°24′37″ W, to latitude 39°20′40″ N, longitude 074°23′50″ W, thence southwesterly to latitude 39°19′33″ N, longitude 074°26′52″ W, thence northwesterly to a point along the shoreline at latitude 39°20′43″ N, longitude 074°27′40″ W, thence northeasterly along the shoreline to latitude 39°21′50″ N, longitude 074°24′37″ W.
    5July—On or about July 4thU.S. holiday celebrationsCity of PhiladelphiaThe waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge.
    6August—2nd Friday, Saturday and SundayPoint Pleasant OPA/NJ Offshore Grand PrixOffshore Performance Association (OPA) and New Jersey Offshore Racing Assn.The waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Normandy Beach, NJ at latitude 40°00′00″ N, longitude 074°03′30″ W, thence easterly to latitude 39°59′40″ N, longitude 074°02′00″ W, thence southwesterly to latitude 39°56′35″ N, longitude 074°03′00″ W, thence westerly to a position near the Seaside Heights Pier at latitude 39°56′35″ N, longitude 074°04′15″ W, thence northerly along the shoreline to the point of origin.
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    7July—3rd Wednesday and ThursdayNew Jersey Offshore Grand PrixOffshore Performance Assn. & New Jersey Offshore Racing Assn.The waters of the Manasquan River from the New York and Long Branch Railroad to Manasquan Inlet, together with all of the navigable waters of the United States from Asbury Park, New Jersey, latitude 40°14′00″N; southward to Seaside Park, New Jersey latitude 39°55′00″ N, from the New Jersey shoreline seaward to the limits of the Territorial Sea. The race course area extends from Asbury Park to Seaside Park from the shoreline, seaward to a distance of 8.4 nautical miles.
    8August—3rd FridayThunder Over the Boardwalk Air showAtlantic City Chamber of CommerceThe waters of the Atlantic Ocean, adjacent to Atlantic City, New Jersey, bounded by a line drawn between the following points: southeasterly from a point along the shoreline at latitude 39°21′31″ N, longitude 074°25′04″ W, thence to latitude 39°21′08″ N, longitude 074°24′48″ W, thence southwesterly to latitude 39°20′16″ N, longitude 074°27′17″ W, thence northwesterly to a point along the shoreline at latitude 39°20′44″ N, longitude 074°27′31″ W, thence northeasterly along the shoreline to latitude 39°21′31″ N, longitude 074°25′04″ W.
    9September—3rd SaturdayAnnual Escape from Fort Delaware TriathlonEscape from Fort Delaware Triathlon, IncAll waters of the Delaware River between Pea Patch Island and Delaware City, Delaware, bounded by a line connecting the following points: latitude 39°36′35.7″ N, longitude 075°35′25.6″ W, to latitude 39°34′57.3″ N, longitude 075°33′23.1″ W, to latitude 39°34′11.9″ N, longitude 075°34′28.6″ W, to latitude 39°35′52.4″ N, longitude 075°36′33.9″ W.
    10September—last Friday, Saturday and Sunday; October—first Friday, Saturday and SundaySunset Lake HydrofestSunset Lake Hydrofest Assn.All waters of Sunset Lake, New Jersey, from shoreline to shoreline, south of latitude 38°58′32″ N.
    11October—2nd Saturday and SundayThe Liberty Grand PrixOffshore Performance Assn. (OPA)The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge.
    12October—1st Monday (Columbus Day)U.S. holiday celebrationsCity of PhiladelphiaThe waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge.
    13December—On December 31st (New Year's Eve)U.S. holiday celebrationsCity of PhiladelphiaThe waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge.
    14September—Third SundayOcean City Air ShowOcean City, NJAll waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line connecting the following points; latitude 39°15′57″ N, longitude 074°35′09″ W thence northeast to latitude 39°16′34″ N, longitude 074°33′54″ W thence southeast to latitude 39°16′17″ N, longitude 074°33′29″ W thence southwest to latitude 39°15′40″ N, longitude 074°34′46″ W thence northwest to point of origin, near Ocean City, NJ.
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    15September—3rd SundayAtlantic City International TriathlonAtlantic City, NJAll waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line connecting the following points; latitude 39°21′20″ N, longitude 074°27′18″ W thence northeast to latitude 39°21′27.47″ N, longitude 074°27′10.31″ W thence northeast to latitude 39°21′33″ N, longitude 074°26′57″ W thence northwest to latitude 39°21′37″ N, longitude 074°27′03″ W thence southwest to latitude 39°21′29.88″ N, longitude 074°27′14.31″ W thence south to latitude 39°21′19″ N, longitude 074°27′22″ W thence east to latitude 39°21′18.14″ N, longitude 074°27′19.25″ W thence north to point of origin, near Atlantic City, NJ.
    (b.) Coast Guard Sector Baltimore—COTP Zone
    1March—4th or last Saturday; or April—1st SaturdaySafety at Sea SeminarU.S. Naval AcademyAll waters of the Severn River from shoreline to shoreline, bounded to the northwest by the Naval Academy (SR-450) Bridge and bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W. thence easterly to Carr Point, MD at latitude 38°58′58″ N., longitude 076°27′41″ W.
    2March—3rd, 4th or last Friday, Saturday and Sunday; April and May—every Friday, Saturday and Sunday.USNA Crew RacesU.S. Naval AcademyAll waters of the Severn River from shoreline to shoreline, bounded to the northwest by a line drawn from the south shoreline at latitude 39°00′58″ N., longitude 076°31′32″ W. thence to the north shoreline at latitude 39°01′11″ N., longitude 076°31′10″ W. The regulated area is bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W. thence easterly to Carr Point, MD at latitude 38°58′58″ N., longitude 076°27′41″ W.
    3May—1st, 2nd or 3rd SaturdayTriRock Triathlon SeriesThe Competitor GroupThe waters of Spa Creek and Annapolis Harbor, from shoreline to shoreline, bounded by a line drawn near entrance of Spa Creek originating at USNA seawall, latitude 38°58′40″ N, longitude 076°28′49″ W, thence south to latitude 38°58′32″ N, longitude 076°28′45″ W near Sycamore Point. The regulated area is bounded to the southwest by a line drawn from entrance of Annapolis Market Slip, latitude 38°58′34″ N, longitude 076°29′05″ W thence south to latitude 38°58′27″ N, longitude 076°28′56″ W near Chart House pier, Annapolis, MD.
    4May—1st SundayNanticoke River Swim and TriathlonNanticoke River Swim and Triathlon, IncAll waters of the Nanticoke River, including Bivalve Channel and Bivalve Harbor, bounded by a line drawn from a point on the shoreline at latitude 38°18′00″ N, longitude 075°54′00″ W, thence westerly to latitude 38°18′00″ N, longitude 075°55′00″ W, thence northerly to latitude 38°20′00″ N, longitude 075°53′48″ W, thence easterly to latitude 38°19′42″ N, longitude 075°52′54″ W.
    5May—Saturday before Memorial DayChestertown Tea Party Re-enactment FestivalChestertown Tea Party FestivalAll waters of the Chester River, within a line connecting the following positions: latitude 39°12′27″ N, longitude 076°03′46″ W; thence to latitude 39°12′19″ N, longitude 076°03′53″ W; thence to latitude 39°12′15″ N, longitude 076°03′41″ W; thence to latitude 39°12′26″ N, longitude 076°03′38″ W; thence to the point of origin at latitude 39°12′27″ N, longitude 076°03′46″ W.
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    6May—3rd Friday, Saturday and SundayDragon Boat Races at Georgetown, Washington, DCWashington, D.C. Dragon Boat Festival, IncThe waters of the Upper Potomac River, Washington, DC, from shoreline to shoreline, bounded upstream by the Francis Scott Key Bridge and downstream by the Roosevelt Memorial Bridge.
    7May—Tuesday and Wednesday before Memorial Day (observed)USNA Blue Angels Air ShowU.S. Naval AcademyAll waters of the Severn River from shoreline to shoreline, bounded to the northwest by a line drawn from the south shoreline at latitude 39°00′38.9″ N., longitude 076°31′05.2″ W. thence to the north shoreline at latitude 39°00′54.7″ N., longitude 076°30′44.8″ W., this line is approximately 1300 yards northwest of the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W. thence southeast to a point 700 yards east of Chinks Point, MD at latitude 38°58′1.9″ N., longitude 076°28′1.7″ W. thence northeast to Greenbury Point at latitude 38°58′29″ N., longitude 076°27′16″ W.
    8June—2nd SundayThe Great Chesapeake Bay Bridges Swim RacesGreat Chesapeake Bay Swim, IncThe waters of the Chesapeake Bay between and adjacent to the spans of the William P. Lane Jr. Memorial Bridge shore to shore 500 yards north of the north span of the bridge from the western shore at latitude 39°00′36″ N, longitude 076°23′05″ W and the eastern shore at latitude 38°59′14″ N, longitude 076°20′00″ W, and 500 yards south of the south span of the bridge from the western shore at latitude 39°00′16″ N, longitude 076°24′30″ W and the eastern shore at latitude 38°58′38.5″ N, longitude 076°20′06″ W.
    9June—3rd, 4th or last Saturday or July—2nd or 3rd SaturdayMaryland Swim for LifeDistrict of Columbia Aquatics ClubThe waters of the Chester River from shoreline to shoreline, bounded on the south by a line drawn at latitude 39°10′16″ N, near the Chester River Channel Buoy 35 (LLN-26795) and bounded on the north at latitude 39°12′30″ N by the Maryland S.R. 213 Highway Bridge.
    10June—last Saturday and Sunday or July—2nd Saturday and SundayBo Bowman Memorial—Sharptown RegattaVirginia/Carolina Racing AssnAll waters of the Nanticoke River near Sharptown, MD, from shoreline to shoreline, bounded to the south by Maryland S.R. 313 Highway Bridge and bounded to the north by a line drawn from latitude 38°33′09″ N, longitude 075°42′45″ W, thence southeasterly to latitude 38°33′04″ N, longitude 075°42′37″ W.
    11June—2nd, 3rd, 4th or last Saturday and Sunday or August—1st Saturday and Sunday.Thunder on the NarrowsKent Narrows Racing AssnAll waters of Prospect Bay enclosed by the following points: latitude 38°57′52.0″ N, longitude 076°14′48.0″ W, to latitude 38°58′02.0″ N, longitude 076°15′05.0″ W, to latitude 38°57′38.0″ N, longitude 076°15′29.0″ W, to latitude 38°57′28.0″ N, longitude 076°15′23.0″ W, to latitude 38°57′52.0″ N, longitude 076°14′48.0″ W.
    12Labor Day weekend—Saturday and Sunday, or MondayRagin on the RiverPort Deposit, MD, Chamber of CommerceThe waters of the Susquehanna River, adjacent to Port Deposit, Maryland, from shoreline to shoreline, bounded on the south by the U.S. I-95 fixed highway bridge, and bounded on the north by a line running southwesterly from a point along the shoreline at latitude 39°36′22″ N, longitude 076°07′08″ W, thence to latitude 39°36′00″ N, longitude 076°07′46″ W.
    13September—2nd Saturday or the Saturday after Labor DayDragon Boat Races in the Inner HarborAssociated Catholic Charities, IncThe waters of the Patapsco River, Baltimore, MD, Inner Harbor from shoreline to shoreline, bounded on the east by a line drawn along longitude 076°36′30″ W.
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    14June—3rd, 4th or last Saturday or SundayBaltimore Dragon Boat ChallengeBaltimore Dragon Boat ClubThe waters of Patapsco River, Northwest Harbor, in Baltimore, MD, from shoreline to shoreline, within an area bounded on the east by a line drawn along longitude 076°35′ W and bounded on the west by a line drawn along longitude 076°36′.
    15May—2nd or 3rd Saturday or June—1st, 2nd or 3rd Saturday.Potomac River Sharkfest SwimEnviro-Sports Productions IncThe waters of the Potomac River, from shoreline to shoreline, bounded by a line drawn parallel and north of the Harry W. Nice Memorial Bridge (U.S. Route 301) originating at the eastern shoreline latitude 38°22′05″ N, longitude 076°59′03″ W, thence west to latitude 38°21′50″ N, longitude 077°00′54″ W, at the western shoreline. The regulated area is bounded by a line drawn parallel and south of the U.S. Route 301 highway bridge, originating at the eastern shoreline latitude 38°21′45″ N, longitude 076°58′58″ W thence west to latitude 38°21′29″ N, longitude 077°00′54″ W, at the western shoreline of Potomac River.
    16July—1st or 2nd SundaySwim Across the PotomacNational Harbor MarinaThe waters of the Potomac River, from shoreline to shoreline, bounded to the north by a line drawn that originates at Jones Point Park, VA at the west shoreline latitude 38°47′35″ N, longitude 077°02′22″ W, thence east to latitude 38°47′12″ N, longitude 077°00′58″ W, at east shoreline near National Harbor, MD. The regulated area is bounded to the south by a line drawn originating at George Washington Memorial Parkway highway overpass and Cameron Run, west shoreline latitude 38°47′23″ N, longitude 077°03′03″ W thence east to latitude 38°46′52″ N, longitude 077°01′13″ W, at east shoreline near National Harbor, MD.
    17October—last Saturday or November—1st SaturdayMRE Tug of WarMaritime Republic of EastportThe waters of Spa Creek from shoreline to shoreline, extending 400 feet from either side of a rope spanning Spa Creek from a position at latitude 38°58′36.9″ N, longitude 076°29′03.8″ W on the Annapolis shoreline to a position at latitude 38°58′26.4″ N, longitude 076°28′53.7″ W on the Eastport shoreline.
    18December—2nd SaturdayEastport Yacht Club Lighted Boat ParadeEastport Yacht ClubThe approaches to Annapolis Harbor, the waters of Spa Creek, and the Severn River, shore to shore, bounded on the south by a line drawn from Carr Point, at latitude 38°58′58.0″ N, longitude 076°27′40.0″ W, thence to Horn Point Warning Light (LLNR 17935), at 38°58′24.0″ N, longitude 076°28′10.0″ W, thence to Horn Point, at 38°58′20.0″ N, longitude 076°28′27.0″ W, and bounded on the north by the State Route 450 Bridge.
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    19Memorial Day weekend—Thursday, Friday, Saturday and Sunday, or Labor Day weekend—Thursday, Friday, Saturday and SundayNAS Patuxent River Air ExpoU.S. Naval Air Station Patuxent River, MDAll waters of the lower Patuxent River, near Solomons, Maryland, located between Fishing Point and the base of the break wall marking the entrance to the East Seaplane Basin at Naval Air Station Patuxent River, within an area bounded by a line connecting position latitude 38°17′39″ N, longitude 076°25′47″ W; thence to latitude 38°17′47″ N, longitude 076°26′00″ W; thence to latitude 38°18′09″ N, longitude 076°25′40″ W; thence to latitude 38°18′00″ N, longitude 076°25′25″ W, located along the shoreline at U.S. Naval Air Station Patuxent River, Maryland, and All waters of the lower Patuxent River, near Solomons, Maryland, located between Hog Point and Cedar Point, within an area bounded by a line drawn from a position at latitude 38°18′41″ N, longitude 076°23′43″ W; to latitude 38°18′16″ N, longitude 076°22′35″ W; thence to latitude 38°18′12″ N, longitude 076°22′37″ W; thence to latitude 38°18′36″ N, longitude 076°23′46″ W, located adjacent to the shoreline at U.S. Naval Air Station Patuxent River, Maryland.
    20September—2nd, 3rd or 4th Saturday and SundayChesapeake ChallengeChesapeake Bay Powerboat AssociationAll waters of the Patuxent River, within boundary lines connecting the following positions; originating near north entrance of MD Route 4 bridge, latitude 38°19′45″ N, longitude 076°28′06″ W, thence southwest to south entrance of MD Route 4 bridge, latitude 38°19′24″ N, longitude 076°28′30″ W, thence south to a point near the shoreline, latitude 38°18′32″ N, longitude 076°28′14″ W, thence southeast to a point near the shoreline, latitude 38°17′38″ N, longitude 076°27′26″ W, thence northeast to latitude 38°18′00″ N, longitude 076°26′41″ W, thence northwest to latitude 38°18′59″ N, longitude 076°27′20″ W, located at Solomons, MD, thence continuing northwest and parallel to shoreline to point of origin.
    (c.) Coast Guard Sector Hampton Roads—COTP Zone
    1April—3rd Saturday and Sunday or 4th Saturday and SundayHydroplane racesVirginia Boat Racing AssnAll waters of the Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′06″ N, longitude 076° 22′27″ W, thence to latitude 36°50′06″ N, longitude 076° 21′57″ W, thence to latitude 36°50′15″ N, longitude 076° 21′55.8″ W, thence to latitude 36°50′15″ N, longitude 076° 22′27″ W, thence to point of origin.
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    2May—last Friday, Saturday and Sunday or June—1st Friday, Saturday and SundayBlackbeard FestivalCity of HamptonThe waters of Sunset Creek and Hampton River shore to shore bounded to the north by the C & O Railroad Bridge and to the south by a line drawn from Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03.0″ N, longitude 76°20′26.0″ W, to the finger pier across the river at Fisherman's Wharf, located at latitude 37°01′01.5″ N, longitude 76°20′32.0″ W. Spectator Vessel Anchorage Areas—Area A: Located in the upper reaches of the Hampton River, bounded to the south by a line drawn from the western shore at latitude 37°01′48.0″ N, longitude 76°20′22.0″ W, across the river to the eastern shore at latitude 37°01′44.0″ N, longitude 76°20′13.0″ W, and to the north by the C & O Railroad Bridge. The anchorage area will be marked by orange buoys. Area B: Located on the eastern side of the channel, in the Hampton River, south of the Queen Street Bridge, near the Riverside Health Center. Bounded by the shoreline and a line drawn between the following points: Latitude 37°01′26.0″ N, longitude 76°20′24.0″ W, latitude 37°01′22.0″ N, longitude 76°20′26.0″ W, and latitude 37°01′22.0″ N, longitude 76°20′23.0″ W. The anchorage area will be marked by orange buoys.
    3June—1st Friday, Saturday and Sunday or 2nd Friday, Saturday and Sunday.Norfolk HarborfestNorfolk Festevents, LtdThe waters of the Elizabeth River and its branches from shore to shore, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″ N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W.
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    4May—Last Saturday and Sunday or June—1st Saturday and SundayOcean City Maryland Offshore Grand PrixOffshore Performance Assn. Racing, LLCThe waters of the Atlantic Ocean commencing at a point on the shoreline at latitude 38°25′42″ N, longitude 075°03′06″ W; thence east southeast to latitude 38°25′30″ N, longitude 075°02′12″ W, thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12″ N, longitude 075°03′48″ W; thence west northwest to the shoreline at latitude 38°19′30″ N, longitude 075°05′00″ W. The waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Ocean City, MD at latitude 38°22′25.2″ N, longitude 075°03′49.4″ W, thence easterly to latitude 38°22′00.4″ N, longitude 075°02′34.8″ W, thence southwesterly to latitude 38°19′35.9″ N, longitude 075°03′35.4″ W, thence westerly to a position near the shoreline at latitude 38°20′05″ N, longitude 075°04′48.4″ W, thence northerly along the shoreline to the point of origin.
    5June—3rd or 4th SaturdayCock Island RacePortsmouth Boat Club & City of Portsmouth, VAThe waters of the Elizabeth River and its branches from shore to shore, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″ N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W.
    6June—last Saturday or July—1st SaturdayRRBA Spring Radar ShootoutRappahannock River Boaters Association (RRBA)The waters of the Rappahannock River, adjacent to Layton, VA, from shoreline to shoreline, bounded on the west by a line running along longitude 076°58′30″ W, and bounded on the east by a line running along longitude 076°56′00″ W.
    7July—last Wednesday and following Friday or August—first Wednesday and following FridayPony Penning SwimChincoteague Volunteer Fire DepartmentThe waters of Assateague Channel from shoreline to shoreline, bounded to the east by a line drawn from latitude 37°55′01″ N, longitude 075°22′40″ W, to latitude 37°54′50″ N, longitude 075°22′46″ W, and to the west by a line drawn from latitude 37°54′54.0″ N, longitude 075°23′00″ W, to latitude 37°54′49″ N, longitude 075°22′49″ W.
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    8August—2nd Friday, Saturday and SundayHampton Cup RegattaHampton Cup Regatta Boat ClubThe waters of Mill Creek, adjacent to Fort Monroe, Hampton, Virginia, enclosed by the following boundaries: to the north, a line drawn along latitude 37°01′00″ N, to the east a line drawn along longitude 076°18′30″ W, to the south a line parallel with the shoreline adjacent to Fort Monroe, and the west boundary is parallel with the Route 258—Mercury Boulevard Bridge.
    9September—2nd Friday, Saturday and Sunday or 3rd Friday, Saturday and SundayHampton Bay Days FestivalHampton Bay Days IncThe waters of Sunset Creek and Hampton River shore to shore bounded to the north by the C & O Railroad Bridge and to the south by a line drawn from Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03.0″ N, longitude 076°20′26.0″ W, to the finger pier across the river at Fisherman′s Wharf, located at latitude 37°01′01.5″ N, longitude 076°20′32.0″ W.
    10October—2nd Sunday or 3rd SundayPoquoson Seafood Festival Workboat RacesCity of PoquosonThe waters of the Back River, Poquoson, Virginia, bounded on the north by a line drawn along latitude 37°06′30″ N, bounded on the south by a line drawn along latitude 37°06′15″ N, bounded on the east by a line drawn along longitude 076°18′52″ W and bounded on the west by a line drawn along longitude 076°19′30″ W.
    11.August—3rd Saturday and Sunday or 4th Saturday and SundayMattaponi Drag Boat RaceMattaponi Volunteer Rescue Squad and Dive TeamAll waters of Mattaponi River immediately adjacent to Rainbow Acres Campground, King and Queen County, Virginia. The regulated area includes a section of the Mattaponi River approximately three-quarter mile long and bounded in width by each shoreline, bounded to the east by a line that runs parallel along longitude 076°52′43″ W, near the mouth of Mitchell Hill Creek, and bounded to the west by a line that runs parallel along longitude 076°53′41″ W just north of Wakema, Virginia.
    (d.) Coast Guard Sector North Carolina—COTP Zone
    1June—1st Saturday and SundayCarolina Cup RegattaVirginia Boat Racing AssnThe waters of the Pasquotank River, adjacent to Elizabeth City, NC, from shoreline to shoreline, bounded on the west by the Elizabeth City Draw Bridge and bounded on the east by a line originating at a point along the shoreline at latitude 36°17′54″ N, longitude 076°12′00″ W, thence southwesterly to latitude 36°17′35″ N, longitude 076°12′18″ W at Cottage Point.
    2August—1st Friday, Saturday and SundaySBIP—Fountain Powerboats Kilo Run and Super Boat Grand PrixSuper Boat International Productions (SBIP), IncThe waters of the Pamlico River including Chocowinity Bay, from shoreline to shoreline, bounded on the south by a line running northeasterly from Camp Hardee at latitude 35°28′23″ N, longitude 076°59′23″ W, to Broad Creek Point at latitude 35°29′04″ N, longitude 076°58′44″ W, and bounded on the north by the Norfolk Southern Railroad Bridge.
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    3September—3rd and or 4th or last SundayCrystal Coast Grand PrixNorth Carolina East Sports, Inc. N/PThe waters of Bogue Sound, adjacent to Morehead City, NC, from the southern tip of Sugar Loaf Island approximate position latitude 34°42′55″ N, longitude 076°42′48″ W, thence westerly to Morehead City Channel Day beacon 7 (LLNR 38620), thence southwest along the channel line to Bogue Sound Light 4 (LLRN 38770), thence southerly to Causeway Channel Day beacon 2 (LLNR 38720), thence southeasterly to Money Island Day beacon 1 (LLNR 38645), thence easterly to Eight and One Half Marina Day beacon 2 (LLNR 38685), thence easterly to the western most shoreline of Brant Island approximate position latitude 34°42′36″ N, longitude 076°42′11″ W, thence northeasterly along the shoreline to Tombstone Point approximate position latitude 34°42′14″ N, longitude 076°41′20″ W, thence southeasterly to the east end of the pier at Coast Guard Sector North Carolina approximate position latitude 34°42′00″ N, longitude 076°40′52″ W, thence easterly to Morehead City Channel Buoy 20 (LLNR 29427), thence northerly to Beaufort Harbor Channel LT 1BH (LLNR 34810), thence northwesterly to the southern tip of Radio Island approximate position latitude 34°42′22″ N, longitude 076°40′52″ W, thence northerly along the shoreline to approximate position latitude 34°43′00″ N, longitude 076°41′25″ W, thence westerly to the North Carolina State Port Facility, thence westerly along the State Port to the southwest corner approximate position latitude 34°42′55″ N, longitude 076°42′12″ W, thence westerly to the southern tip of Sugar Loaf Island the point of origin.
    4September—3rd, 4th or last Saturday; October—last Saturday; November—1st and/or 2nd SaturdayWilmington YMCA TriathlonWilmington, NC, YMCAThe waters of, and adjacent to, Wrightsville Channel, from Wrightsville Channel Day beacon 14 (LLNR 28040), located at 34°12′18″ N, longitude 077°48′10″ W, to Wrightsville Channel Day beacon 25 (LLNR 28080), located at 34°12′51″ N, longitude 77°48′53″ W.
    5August—2nd SaturdayThe CrossingOrganization to Support the Arts, Infrastructure, and Learning on Lake Gaston, AKA O'SAILAll waters of Lake Gaston, from shoreline to shoreline, directly under the length of Eaton Ferry Bridge (NC State Route 903), latitude 36°31′06″ N, longitude 077°57′37″ W, bounded to the west by a line drawn parallel and 100 yards from the western side of Eaton Ferry Bridge near Littleton, NC.
    * * * * *
    Start Part

    PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    End Part Start Amendment Part

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

    End Amendment Part Start Authority

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.

    End Authority Start Amendment Part

    4. Amend section 165.506 by revising the section heading and TABLE TO § 165.506 to read as follows:

    End Amendment Part
    Safety Zones; Fireworks Displays in the Fifth Coast Guard District.
    * * * * *
    Start Printed Page 13592

    Table to § 165.506

    [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983]

    No.DateLocationRegulated area
    (a.) Coast Guard Sector Delaware Bay—COTP Zone
    1July 4thNorth Atlantic Ocean, Bethany Beach, DE, Safety ZoneThe waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate position latitude 38°32′08″ N, longitude 075°03′15″ W, adjacent to shoreline of Bethany Beach, DE.
    2Labor DayIndian River Bay, DE, Safety ZoneAll waters of the Indian River Bay within a 700 yard radius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N, longitude 075°08′18″ W.
    3July 4thNorth Atlantic Ocean, Rehoboth Beach, DE, Safety ZoneAll waters of the Atlantic Ocean within a 360 yard radius of the fireworks barge in approximate position latitude 38°43′01.2″ N, longitude 075°04′21″ W, approximately 400 yards east of Rehoboth Beach, DE.
    4July 4thNorth Atlantic Ocean, Avalon, NJ, Safety ZoneThe waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°06′19.5″ N, longitude 074°42′02.15″ W, in the vicinity of the shoreline at Avalon, NJ.
    5July 4th September—2nd SaturdayBarnegat Bay, Barnegat Township, NJ, Safety ZoneThe waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°44′50″ N, longitude 074°11′21″ W, approximately 500 yards north of Conklin Island, NJ.
    6July 4thNorth Atlantic Ocean, Cape May, NJ, Safety ZoneThe waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W, immediately adjacent to the shoreline at Cape May, NJ.
    7July 3rdDelaware Bay, North Cape May, NJ, Safety ZoneAll waters of the Delaware Bay within a 360 yard radius of the fireworks barge in approximate position latitude 38°58′00″ N, longitude 074°58′30″ W.
    8August—3rd SundayGreat Egg Harbor Inlet, Margate City, NJ, Safety ZoneAll waters within a 500 yard radius of the fireworks barge in approximate location latitude 39°19′33″ N, longitude 074°31′28″ W, on the Intracoastal Waterway near Margate City, NJ.
    9July 4th August every Thursday September 1st ThursdayMetedeconk River, Brick Township, NJ, Safety ZoneThe waters of the Metedeconk River within a 300 yard radius of the fireworks launch platform in approximate position latitude 40°03′24″ N, longitude 074°06′42″ W, near the shoreline at Brick Township, NJ.
    10July—1st FridayNorth Atlantic Ocean, Atlantic City, NJ, Safety ZoneThe waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge located at latitude 39°20′58″ N, longitude 074°25′58″ W, near the shoreline at Atlantic City, NJ.
    11July 4th October—1st SaturdayNorth Atlantic Ocean, Ocean City, NJ, Safety ZoneThe waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°16′22″ N, longitude 074°33′54″ W, in the vicinity of the shoreline at Ocean City, NJ.
    12May—4th SaturdayBarnegat Bay, Ocean Township, NJ, Safety ZoneAll waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°47′33″ N, longitude 074°10′46″ W.
    13July 4thLittle Egg Harbor, Parker Island, NJ, Safety ZoneAll waters of Little Egg Harbor within a 500 yard radius of the fireworks barge in approximate position latitude 39°34′18″ N, longitude 074°14′43″ W, approximately 100 yards north of Parkers Island.
    14September—3rd SaturdayDelaware River, Chester, PA, Safety ZoneAll waters of the Delaware River near Chester, PA just south of the Commodore Barry Bridge within a 250 yard radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N, longitude 075°22′42″ W.
    15September—3rd SaturdayDelaware River, Essington, PA, Safety ZoneAll waters of the Delaware River near Essington, PA, west of Little Tinicum Island within a 250 yard radius of the fireworks barge located in the approximate position latitude 39°51′18″ N, longitude 075°18′57″ W.
    16July 3rd, 4th or 5th, Columbus Day, December 31st, January 1stDelaware River, Philadelphia, PA, Safety ZoneAll waters of Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded from shoreline to shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39°56′31.2″ N, longitude 075°08′28.1″ W; thence to latitude 39°56′29.1″ N, longitude 075°07′56.5″ W, and bounded on the north by the Benjamin Franklin Bridge.
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    (b.) Coast Guard Sector Baltimore—COTP Zone
    1April—1st or 2nd SaturdayWashington Channel, Upper Potomac River, Washington, DC, Safety ZoneAll waters of the Upper Potomac River within a 150 yard radius of the fireworks barge in approximate position latitude 38°52′20″ N, longitude 077°01′17″ W, located within the Washington Channel in Washington Harbor, DC.
    2July 4th December—1st and 2nd Saturday, December 31stSevern River and Spa Creek, Annapolis, MD, Safety ZoneAll waters of the Severn River and Spa Creek within an area bounded by a line drawn from latitude 38°58′40″ N, longitude 076°28′49″ W; thence to latitude 38°58′33″ N, longitude 076°28′49″ W; thence to latitude 38°58′45″ N, longitude 076°28′07″ W; thence to latitude 38°59′01″ N, longitude 076°28′37″ W, thence to latitude 38°58′57″ N, longitude 076°28′40″ W, thence to latitude 38°58′53″ N, longitude 076°28′34″ W, thence to point of origin; located near the entrance to Spa Creek and Severn River, Annapolis, MD.
    3Saturday before Independence Day holidayMiddle River, Baltimore County, MD, Safety ZoneAll waters of the Middle River within a 300 yard radius of the fireworks barge in approximate position latitude 39°17′45″ N, longitude 076°23′49″ W, approximately 300 yards east of Rockaway Beach, near Turkey Point.
    4June—last Saturday July—3rd, 4th or last Saturday or SundayPotomac River, Charles County, MD—Newburg, Safety ZoneAll waters of the Potomac River within a 200 yard radius of the fireworks barge in approximate position latitude 38°23′41″ N, longitude 076°59′30″ W, located near Newburg, Maryland.
    5June 14th, July 4th September—2nd Saturday December 31stNorthwest Harbor (East Channel), Patapsco River, MD, Safety ZoneAll waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position 39°15′55″ N, 076°34′33″ W, located adjacent to the East Channel of Northwest Harbor.
    6May—2nd or 3rd Thursday or Friday July 4th December 31stBaltimore Inner Harbor, Patapsco River, MD, Safety ZoneAll waters of the Patapsco River within a 100 yard radius of the fireworks barge in approximate position latitude 39°17′01″ N, longitude 076°36′31″ W, located at the entrance to Baltimore Inner Harbor, approximately 125 yards southwest of pier 3.
    7May—2nd or 3rd Thursday or Friday July 4th December 31stBaltimore Inner Harbor, Patapsco River, MD, Safety ZoneThe waters of the Patapsco River within a 100 yard radius of approximate position latitude 39°17′04″ N, longitude 076°36′36″ W, located in Baltimore Inner Harbor, approximately 125 yards southeast of pier 1.
    8July 4th December 31stNorthwest Harbor (West Channel) Patapsco River, MD, Safety ZoneAll waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position latitude 39°16′21″ N, longitude 076°34′38″ W, located adjacent to the West Channel of Northwest Harbor.
    9July 4thPatuxent River, Calvert County, MD, Safety ZoneAll waters of the Patuxent River within a 200 yard radius of the fireworks barge located at latitude 38°19′17″ N, longitude 076°27′45″ W, approximately 800 feet from shore at Solomons Island, MD.
    10July 3rdChesapeake Bay, Chesapeake Beach, MD, Safety ZoneAll waters of the Chesapeake Bay within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′36″ N, longitude 076°31′30″ W, and within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′28″ N, longitude 076°31′29″ W, located near Chesapeake Beach, Maryland.
    11July 4thChoptank River, Cambridge, MD, Safety ZoneAll waters of the Choptank River within a 300 yard radius of the fireworks launch site at Great Marsh Point, located at latitude 38°35′06″ N, longitude 076°04′46″ W.
    12July—2nd or 3rd Saturday and last SaturdayPotomac River, Fairview Beach, Charles County, MD, Safety ZoneAll waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°19′57″ N, longitude 077°14′40″ W, located north of the shoreline at Fairview Beach, Virginia.
    13May—last Saturday July 4thPotomac River, Charles County, MD—Mount Vernon, Safety ZoneAll waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38°42′30″ N, longitude 077°04′47″ W; thence to latitude 38°42′18″ N, longitude 077°04′42″ W; thence to latitude 38°42′11″ N, longitude 077°05′10″ W; thence to latitude 38°42′22″ N, longitude 077°05′12″ W; thence to point of origin located along the Potomac River shoreline at George Washington's Mount Vernon Estate, Fairfax County, VA.
    14October—1st SaturdayDukeharts Channel, Potomac River, MD, Safety ZoneAll waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°13′27″ N, longitude 076°44′48″ W, located adjacent to Dukeharts Channel near Coltons Point, Maryland.
    Start Printed Page 13594
    15July—Day before Independence Day holiday and July 4th. November—3rd Thursday, 3rd Saturday and last Friday December—1st, 2nd and 3rd FridayPotomac River, National Harbor, MD, Safety ZoneAll waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38°47′13″ N, longitude 077°00′58″ W; thence to latitude 38°46′51″ N, longitude 077°01′15″ W; thence to latitude 38°47′25″ N, longitude 077°01′33″ W; thence to latitude 38°47′32″ N, longitude 077°01′08″ W; thence to the point of origin, located at National Harbor, Maryland.
    16Sunday before July 4th July 4thSusquehanna River, Havre de Grace, MD, Safety ZoneAll waters of the Susquehanna River within a 300 yard radius of approximate position latitude 39°32′06″ N, longitude 076°05′22″ W, located on the island at Millard Tydings Memorial Park.
    17June and July—Saturday before Independence Day holidayMiles River, St. Michaels, MD, Safety ZoneAll waters of the Miles River within a 200 yard radius of approximate position latitude 38°47′42″ N, longitude 076°12′51″ W, located at the entrance to Long Haul Creek.
    18July 3rdTred Avon River, Oxford, MD, Safety ZoneAll waters of the Tred Avon River within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′24″ N, longitude 076°10′37″ W, approximately 500 yards northwest of the waterfront at Oxford, MD.
    19July 3rdNortheast River, North East, MD, Safety ZoneAll waters of the Northeast River within a 300 yard radius of the fireworks barge in approximate position latitude 39°35′26″ N, longitude 075°57′00″ W, approximately 400 yards south of North East Community Park.
    20June—2nd or 3rd Saturday July—1st, 2nd or 3rd Saturday September—1st or 2nd Saturday. December 31stUpper Potomac River, Washington, DC, Safety ZoneAll waters of the Upper Potomac River within a 300 yard radius of the fireworks barge in approximate position 38°48′40″ N, 077°02′07″ W, located near the waterfront of Alexandria, Virginia.
    21March through October, at the conclusion of evening MLB games at Washington Nationals Ball ParkAnacostia River, Washington, DC, Safety ZoneAll waters of the Anacostia River within a 150 yard radius of the fireworks barge in approximate position latitude 38°52′13″ N, longitude 077°00′16″ W, located near the Washington Nationals Ball Park.
    22June—last Saturday or July—first Saturday July—3rd, 4th or last Saturday or SundayPotomac River, Prince William County, VA, Safety ZoneAll waters of the Potomac River within a 200 yard radius of the fireworks barge in approximate position latitude 38°34′10″ N, longitude 077°15′36″ W, located near Cherry Hill, Virginia.
    (c.) Coast Guard Sector Hampton Roads—COTP Zone
    1July 4thNorth Atlantic Ocean, Ocean City, MD, Safety ZoneAll waters of the Atlantic Ocean in an area bound by the following points: latitude 38°19′39.9″ N, longitude 075°05′03.2″ W; thence to latitude 38°19′36.7″ N, longitude 075°04′53.5″ W; thence to latitude 38°19′45.6″ N, longitude 075°04′49.3″ W; thence to latitude 38°19′49.1″ N, longitude 075°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.
    2May—4th Sunday June—3rd Monday, and June 29th July 4th August—1st and 4th Sunday September—1st and 4th SundayIsle of Wight Bay, Ocean City, MD, Safety ZoneAll waters of Isle of Wight Bay within a 350 yard radius of the fireworks barge in approximate position latitude 38°22′32″ N, longitude 075°04′30″ W.
    3July 4thAssawoman Bay, Fenwick Island—Ocean City, MD, Safety ZoneAll waters of Assawoman Bay within a 360 yard radius of the fireworks launch location on the pier at the West end of Northside Park, in approximate position latitude 38°25′57.6″ N, longitude 075°03′55.8″ W.
    4July 4thBroad Bay, Virginia Beach, VA, Safety ZoneAll waters of the Broad Bay within a 400 yard radius of the fireworks display in approximate position latitude 36°52′08″ N, longitude 076°00′46″ W, located on the shoreline near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia.
    5October—1st FridayYork River, West Point, VA, Safety ZoneAll waters of the York River near West Point, VA within a 400 yard radius of the fireworks display located in approximate position latitude 37°31′25″ N, longitude 076°47′19″ W.
    6July 4thYork River, Yorktown, VA, Safety ZoneAll waters of the York River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′14″ N, longitude 076°30′02″ W, located near Yorktown, Virginia.
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    7May—1st Friday July 4thJames River, Newport News, VA, Safety ZoneAll waters of the James River within a 325 yard radius of the fireworks barge in approximate position latitude 36°58′30″ N, longitude 076°26′19″ W, located in the vicinity of the Newport News Shipyard, Newport News, Virginia.
    8June—4th Friday July—1st Friday July 4thChesapeake Bay, Norfolk, VA, Safety ZoneAll waters of the Chesapeake Bay within a 400 yard radius of the fireworks display located in position latitude 36°57′21″ N, longitude 076°15′00″ W, located near Ocean View Fishing Pier.
    9July 4thChesapeake Bay, Virginia Beach, VA, Safety ZoneAll waters of the Chesapeake Bay 400 yard radius of the fireworks display in approximate position latitude 36°55′02″ N, longitude 076°03′27″ W, located at the First Landing State Park at Virginia Beach, Virginia.
    10Memorial Day June—1st and 2nd Friday, Saturday and Sunday July 4th November—4th Saturday December—1st Saturday and December 31st January—1stElizabeth River, Southern Branch, Norfolk, VA, Safety ZoneAll waters of the Elizabeth River Southern Branch in an area bound by the following points: latitude 36°50′54.8″ N, longitude 076°18′10.7″ W; thence to latitude 36°51′7.9″ N, longitude 076°18′01″ W; thence to latitude 36°50′45.6″ N, longitude 076°17′44.2″ W; thence to latitude 36°50′29.6″ N, longitude 076°17′23.2″ W; thence to latitude 36°50′7.7″ N, longitude 076°17′32.3″ W; thence to latitude 36°49′58″ N, longitude 076°17′28.6″ W; thence to latitude 36°49′52.6″ N, longitude 076°17′43.8″ W; thence to latitude 36°50′27.2″ N, longitude 076°17′45.3″ W thence to the point of origin.
    11July—3rd SaturdayJohn H. Kerr Reservoir, Clarksville, VA, Safety ZoneAll waters of John H. Kerr Reservoir within a 400 yard radius of approximate position latitude 36°37′51″ N, longitude 078°32′50″ W, located near the center span of the State Route 15 Highway Bridge.
    12May, June, July, August, September, October—every Wednesday, Friday, Saturday and Sunday July 4thNorth Atlantic Ocean, Virginia Beach, VA, Safety Zone AAll waters of the Atlantic Ocean within a 1000 yard radius of the center located near the shoreline at approximate position latitude 36°51′12″ N, longitude 075°58′06″ W, located off the beach between 17th and 31st streets.
    13September—last Saturday or October—1st SaturdayNorth Atlantic Ocean, VA Beach, VA, Safety Zone BAll waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°50′35″ N, longitude 075°58′09″ W, located on the 14th Street Fishing Pier.
    14Friday, Saturday, Sunday and Monday—Labor Day WeekendNorth Atlantic Ocean, VA Beach, VA, Safety Zone CAll waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°49′55″ N, longitude 075°58′00″ W, located off the beach between 2nd and 6th streets.
    15July 4thNansemond River, Suffolk, VA, Safety ZoneAll waters of the Nansemond River within a 350 yard radius of approximate position latitude 36°44′27″ N, longitude 076°34′42″ W, located near Constant's Wharf in Suffolk, VA.
    16February—4th Saturday July 4thChickahominy River, Williamsburg, VA, Safety ZoneAll waters of the Chickahominy River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′50″ N, longitude 076°52′17″ W, near Barrets Point, Virginia.
    17July—3rd, 4th and 5thGreat Wicomico River, Mila, VA, Safety ZoneAll waters of the Great Wicomico River located within a 420 foot radius of the fireworks display at approximate position latitude 37°50′31″ N, longitude 076°19′42″ W near Mila, Virginia.
    18July—1st Friday, Saturday and SundayCockrell's Creek, Reedville, VA, Safety ZoneAll waters of Cockrell's Creek located within a 420 foot radius of the fireworks display at approximate position latitude 37°49′54″ N, longitude 076°16′44″ W near Reedville, Virginia.
    19May—last SundayJames River, Richmond, VA, Safety ZoneAll waters of the James River located within a 420 foot radius of the fireworks display at approximate position latitude 37°31′13.1″ N, longitude 077°25′07.84″ W near Richmond, Virginia.
    20June—last SaturdayRappahannock River, Tappahannock, VA, Safety ZoneAll waters of the Rappahannock River located within a 400 foot radius of the fireworks display at approximate position latitude 37°55′12.0″ N, longitude 076°49′12.0″ W near Tappahannock, Virginia.
    21July 4thCape Charles Harbor, Cape Charles, VA, Safety ZoneAll waters of Cape Charles Harbor located within a 375 foot radius of the fireworks display at approximate position latitude 37°15′46.5″ N, longitude 076°01′30.3″ W near Cape Charles, Virginia.
    22July 4thPagan River, Smithfield, VA, Safety ZoneAll waters of the Pagan River located within a 420 foot radius of the fireworks display at approximate position latitude 36°59′18.0″ N, longitude 076°37′45.0″ W near Smithfield, Virginia.
    Start Printed Page 13596
    23July 4thSandbridge Shores, Virginia Beach, VA, Safety ZoneAll waters of Sandbridge Shores located within a 300 foot radius of the fireworks display at approximate position latitude 36°43′24.9″ N, longitude 075°56′24.9″ W near Virginia Beach, Virginia.
    24July 4thChesapeake Bay, Virginia Beach, VA, Safety ZoneAll waters of Chesapeake Bay located within a 600 foot radius of the fireworks display at approximate position latitude 36°54′58.18″ N, longitude 076°06′44.3″ W near Virginia Beach, Virginia.
    (d.) Coast Guard Sector North Carolina—COTP Zone
    1July 4th October—1st SaturdayMorehead City Harbor Channel, NC, Safety ZoneAll waters of the Morehead City Harbor Channel that fall within a 360 yard radius of latitude 34°43′01″ N, longitude 076°42′59.6″ W, a position located at the west end of Sugar Loaf Island, NC.
    2April—2nd Saturday July 4th August—3rd Monday October—1st SaturdayCape Fear River, Wilmington, NC, Safety ZoneAll waters of the Cape Fear River within an area bound by a line drawn from the following points: Latitude 34°13′54″ N, longitude 077°57′06″ W; thence northeast to latitude 34°13′57″ N, longitude 077°57′05″ W; thence north to latitude 34°14′11″ N, longitude 077°57′07″ W; thence northwest to latitude 34°14′22″ N, longitude 077°57′19″ W; thence east to latitude 34°14′22″ N, longitude 077°57′06″ W; thence southeast to latitude 34°14′07″ N, longitude 077°57′00″ W; thence south to latitude 34°13′54″ N, longitude 077°56′58″ W; thence to the point of origin, located approximately 500 yards north of Cape Fear Memorial Bridge.
    3July—1st Saturday and July 4thGreen Creek and Smith Creek, Oriental, NC, Safety ZoneAll waters of Green Creek and Smith Creek that fall within a 300 yard radius of the fireworks launch site at latitude 35°01′29.6″ N, longitude 076°42′10.4″ W, located near the entrance to the Neuse River in the vicinity of Oriental, NC.
    4July 4thPasquotank River, Elizabeth City, NC, Safety ZoneAll waters of the Pasquotank River within a 300 yard radius of the fireworks launch barge in approximate position latitude 36°17′47″ N, longitude 076°12′17″ W, located approximately 400 yards north of Cottage Point, NC.
    5July 4th, or July 5thCurrituck Sound, Corolla, NC, Safety ZoneAll waters of the Currituck Sound within a 300 yard radius of the fireworks barge in approximate position latitude 36°22′23.8″ N, longitude 075°49′56.3″ W.
    6July 4th November—3rd SaturdayMiddle Sound, Figure Eight Island, NC, Safety ZoneAll waters of the Figure Eight Island Causeway Channel from latitude 34°16′32″ N, longitude 077°45′32″ W, thence east along the marsh to a position located at latitude 34°16′19″ N, longitude 077°44′55″ W, thence south to the causeway at position latitude 34°16′16″ N, longitude 077°44′58″ W, thence west along the shoreline to position latitude 34°16′29″ N, longitude 077°45′34″ W, thence back to the point of origin.
    7June—2nd Saturday July 4thPamlico River, Washington, NC, Safety ZoneAll waters of Pamlico River and Tar River within a 300 yard radius of latitude 35°32′25″ N, longitude 077°03′42″ W, a position located on the southwest shore of the Pamlico River, Washington, NC.
    8July 4thNeuse River, New Bern, NC, Safety ZoneAll waters of the Neuse River within a 360 yard radius of the fireworks barge in approximate position latitude 35°06′07.1″ N, longitude 077°01′35.8″ W; located 420 yards north of the New Bern, Twin Span, high rise bridge.
    9July 4thEdenton Bay, Edenton, NC, Safety ZoneAll waters within a 300 yard radius of position latitude 36°03′04″ N, longitude 076°36′18″ W, approximately 150 yards south of the entrance to Queen Anne Creek, Edenton, NC.
    10July 4th November—Saturday following ThanksgivingMotts Channel, Banks Channel, Wrightsville Beach, NC, Safety ZoneAll waters of Motts Channel within a 500 yard radius of the fireworks launch site in approximate position latitude 34°12′29″ N, longitude 077°48′27″ W, approximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC.
    11July 4thCape Fear River, Southport, NC, Safety ZoneAll waters of the Cape Fear River within a 600 yard radius of the fireworks barge in approximate position latitude 33°54′40″ N, longitude 078°01′18″ W, approximately 700 yards south of the waterfront at Southport, NC.
    12July 4thBig Foot Slough, Ocracoke, NC, Safety ZoneAll waters of Big Foot Slough within a 300 yard radius of the fireworks launch site in approximate position latitude 35°06′54″ N, longitude 075°59′24″ W, approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC.
    Start Printed Page 13597
    13August—1st TuesdayNew River, Jacksonville, NC, Safety ZoneAll waters of the New River within a 300 yard radius of the fireworks launch site in approximate position latitude 34°44′45″ N, longitude 077°26′18″ W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina.
    14July 4thPantego Creek, Belhaven, NC, Safety ZoneAll waters on the Pantego Creek within a 600 foot radius of the launch site on land at position 35°32′35″ N, 076°37′46″ W.
    * * * * *
    Start Signature

    Dated: February 11, 2013.

    Steven H. Ratti,

    Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.

    End Signature End Supplemental Information

    [FR Doc. 2013-04622 Filed 2-27-13; 8:45 am]

    BILLING CODE 9110-04-P

Document Information

Comments Received:
0 Comments
Published:
02/28/2013
Department:
Coast Guard
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
2013-04622
Dates:
Comments and related material must be received by the Coast Guard on or before April 1, 2013.
Pages:
13576-13597 (22 pages)
Docket Numbers:
Docket Number USCG-2012-0970
RINs:
1625-AA00: Safety Zone Regulations
RIN Links:
https://www.federalregister.gov/regulations/1625-AA00/safety-zone-regulations
Topics:
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways
PDF File:
2013-04622.pdf
Supporting Documents:
» Environmental Checklist (4/30/2013)
» Environmental Checklist (1/9/2013)
CFR: (2)
33 CFR 100.501
33 CFR 165.506