[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)] [Rules and Regulations] [Pages 57358-57369] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2021-22496] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2020-0138] RIN 1625-AA00 Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is amending its safety zones established for recurring marine events and fireworks displays that take place within the Fifth Coast Guard District area of responsibility. This final rule revises the listing of events that informs the public of regularly scheduled fireworks displays that require additional safety measures provided by regulations. Through this final rule, the current list of recurring marine events requiring safety zones is updated with revisions, additional events, and removal of events that no longer take place in the Fifth Coast Guard District area of responsibility. DATES: This rule is effective without actual notice from October 15, 2021. For the purposes of enforcement, actual notice will be used from October 1, 2021, until October 15, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type USCG- 2020-0138 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ethan Coble, Fifth Coast Guard District Office of Waterways Management, U.S. Coast Guard; telephone (757) 398-7745, email [email protected] or Mr. Jerry Barnes, Fifth Coast Guard District Office of Waterways Management, U.S. Coast Guard; telephone (757) 398- 6230, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security Event PATCOM Coast Guard Event Patrol Commander FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard regularly updates the regulations for recurring safety zones within the Fifth Coast Guard District at 33 CFR 165.506, and its respective tables. These recurring safety zones are for fireworks displays that take place either on or over the navigable waters of the Fifth Coast Guard District as defined at 33 CFR 3.25. These regulations were last amended June 13, 2017 (81 FR 81005). Since then, Marine Events within the Fifth US Coast Guard District have been created or changed in a way that varies from their description in this regulation. In response, on April 30, 2021, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District, (86 FR 22913). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to recurring marine events and firework displays. The comment period ended on June 1, 2021, and we received no comments. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date would be impracticable and contrary to the public interest. Immediate action is needed to respond to the potential safety hazards associated with the remaining 2021 boating season events. The first of the remaining events is a fireworks display scheduled to occur during the Washington Nationals major league baseball home game on October 1, 2021, hosted at Nationals Park on the Anacostia River. Hazards associated with this event include potential hazardous falling debris and possible [[Page 57359]] fire, explosion, projectile, and burn hazards. III. Legal Authority and Need for Rule The Coast Guard is conducting this rulemaking under authority in 46 U.S.C. 70034 (previously, 33 U.S.C. 1231). The Secretary has delegated ports and waterways authority, with certain reservations not applicable here, to the Commandant via DHS Delegation No. 00170.1, Revision No. 01.2, paragraph (II)(70). The Commandant has further delegated these authorities within the Coast Guard as described in 33 CFR 1.05-1 and 6.04-6. The need for this rule is to ensure the safety of persons, vessels, and the navigable waters within close proximity to fireworks displays before, during, and after the scheduled events. Each year, organizations, individuals and government agencies in the Fifth Coast Guard District sponsor fireworks displays in the same general location and time period. Each event uses a floating platform (e.g., barge) or an on-shore site near the shoreline to launch the fireworks. A safety zone is used to limit access to an area within a specified distance surrounding the fireworks launch site to ensure the safety of persons and property. Coast Guard personnel on scene may allow boaters within the safety zone if conditions permit. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM, published April, 30 2021. There are no changes in the regulatory text of this rule from the NPRM. A. Administrative Changes As described in the NPRM, administrative changes to the regulatory text will reorganize and consolidate the text, so as to improve the readability and reflect revised local policies. The following is a summary of changes from the current regulatory text:Re-organized to better present information on defined terms, applicability of the regulation, when the regulation will be enforced, requirements of the regulation, warning sign information, postponement or cancellation of an event, COTP contact information, and the tables of events. Changed language from ``Coast Guard Patrol Commander'' to ``Event Patrol Commander''. Consolidated enforcement regulations into a single paragraph (c). Changed language in the paragraph regarding warning-sign requirements from ``fireworks launch site'' to ``floating platform''. Updated applicable contact information for Coast Guard Sectors. Added a paragraph to give discretionary authority to COTPs and Event PATCOMs to postpone or cancel the fireworks display at any time for the purpose of ensuring the safety of the public. B. Changes to Table to 33 CFR 165.506 This rule adds 14 new safety zones, revises 29 previously established safety zones, and removes 24 safety zones. Currently there is one table of events for all of 33 CFR 165.506. This table has been rewritten into separate tables for each COTP zone. Enforcement date entries in the table have also be reformatted. Summarized additions, revisions and removals from the table are as follows: New Safety Zones Table 1--New Safety Zones To Be Added to 33 CFR 165.506 ---------------------------------------------------------------------------------------------------------------- Enforcement USCG sector Location Regulated area period(s) * ---------------------------------------------------------------------------------------------------------------- Coast Guard Sector Delaware Bay-- Delaware Bay, Lewes, All waters of Delaware Bay off One period, four COTP Zone. DE. Lewes, DE, within 350 yards of days. the barge anchored in approximate position 38[deg]47'12'' N, 075[deg]07'48'' W. Great Egg Harbor The waters of the Great Egg Harbor One period, one Bay, Ocean City, NJ. Bay within a 300-yard radius of day. the fireworks barge in approximate position latitude 39[deg]17'24'' N, longitude 074[deg]34'31'' W, adjacent to shoreline of Ocean City, NJ. Coast Guard Sector Maryland- Washington Channel, All navigable waters of the Multiple periods National Capital Region--COTP Upper Potomac, Washington Channel within 200 March through Zone. Washington, DC. feet of the fireworks barge, December each which will be located within an year. area bounded on the south by latitude 38[deg]52'30'' N, and bounded on the north by the southern extent of the Francis Case (I-395) Memorial Bridge, located at Washington, DC. Anacostia River, All navigable waters of the One period, one Washington, DC. Anacostia River within 400 feet day. of the fireworks barge in approximate position latitude 38[deg]52'16.3'' N, longitude 077[deg]00'09.7'' W, located at Washington, DC. Middle River, All navigable waters of the Middle One period, one Baltimore County, River within 200 yards of the day. MD. fireworks barge in approximate position latitude 39[deg]18'25'' N, longitude 076[deg]24'27'' W, located in Baltimore County, MD. Susquehanna River, All navigable waters of the One period, one Havre de Grace, MD. Susquehanna River within 200 day. yards of the fireworks barge in approximate position latitude 39[deg]32'19'' N, longitude 076[deg]04'58.3'' W, located at Havre de Grace, MD. Spa Creek, All navigable waters of Spa Creek One period, one Annapolis, MD. within 400 feet of the fireworks day. barge in approximate position latitude 38[deg]58'32.48'' N, longitude 076[deg]28'57.55'' W, located at Annapolis, MD. Severn River, All navigable waters of the Severn One period, one Sherwood Forest, MD. River within 150 yards of the day. fireworks discharge site located at the end of Sherwood Forest Club main pier in approximate position latitude 39[deg]01'54.0'' N, longitude 076[deg]32'41.8'' W, located at Sherwood Forest, MD. Patapsco River, All navigable waters of the Middle One period, one Middle Branch, Branch of the Patapsco River, day. Baltimore, MD. within 800 feet of a fireworks barge in approximate position latitude 39[deg]15'31.67'' N, longitude 076[deg]37'13.95'' W, located at Baltimore, MD. Coast Guard Sector Virginia--COTP Elizabeth River, All waters of Elizabeth River One period, one Zone. Town Point Reach, within a 600-foot radius of the day. Norfolk, VA. fireworks display at approximate position latitude 36[deg]50'40.99'' N, longitude 076[deg]17'45.48'' W near Town Point Park, VA. [[Page 57360]] North Atlantic All waters of the North Atlantic One period, three Ocean, Virginia Ocean within a 300-yard radius of days. Beach, VA. the center located at approximate position latitude 36[deg]50'29.91'' N, longitude 075[deg]58'05.36'' W, located off the beach between 10th and 15th Streets. Coast Guard Sector North Bath Creek, Bath, NC All waters on Bath Creek within a One period, two Carolina--COTP Zone. 300-yard radius of approximate days. position 35[deg]28'05'' N, 076[deg]48'56'' W, Bath, NC. Atlantic All waters of the Atlantic One period, one Intracoastal Intracoastal Waterway within a day. Waterway, Surf 300-yard radius of approximate City, NC. position latitude 34[deg]25'46''N, longitude 077[deg]33'01''W, in Surf City, NC. Neuse River, New All waters within a 300-yard One period, one Bern, NC. radius of the fireworks launch day. location at approximate position latitude 35[deg]06'23''N, longitude 077[deg]01'48''W, on the Neuse River, New Bern, NC. ---------------------------------------------------------------------------------------------------------------- Revised Safety Zones Table 2--Changes to Existing Events in 33 CFR 165.506 ---------------------------------------------------------------------------------------------------------------- Current table to Sec. 165.506 Revision (date and/or entry Location coordinates) Reason for change ---------------------------------------------------------------------------------------------------------------- (a.) 5.......................... Barnegat Bay, Barnegat dates.................. Event no longer occurs in Township, NJ. September. (a.) 9.......................... Metedeconk River, Brick dates.................. Event now takes place in Township, NJ. June or July instead of July and September. (a.) 14......................... Delaware, River, dates.................. Event date updated. Chester, PA. (a.) 15......................... Delaware River, dates and coordinates.. The location of the safety Essington, PA. zone was moved to reflect the updated location of the fireworks barge. Event now occurs in June or July instead of September. (a.) 18......................... Rehoboth Bay, DE....... dates.................. The spring occurrence of the event has changed from April to May. (b.) 2.......................... Severn River and Spa dates and coordinates.. Safety zone size decreased Creek, Annapolis, MD. from a 300-yard radius to a 200-yard radius without negative impact to public safety. December occurrence no longer occurs. (b.) 3.......................... Upper Potomac River, coordinates............ Safety zone size decreased Washington, DC. from a 300-yard radius to a 200-yard radius without negative impact to public safety. (b.) 4.......................... Northwest Harbor, dates and coordinates.. Safety zone size decreased Patapsco River, MD. from a 300-yard radius to a 200-yard radius without negative impact to public safety. July and December occurrences removed; added alternative date to September. (b.) 5.......................... Baltimore Inner Harbor, dates.................. April, July, and December MD. occurrences no longer occur; added new occurrence in November. (b.) 8.......................... Patuxent River, Calvert dates and coordinates.. The location of the safety County, MD. zone was moved to reflect the updated location of the fireworks barge closer to shore. Alternative date added. (b.) 9.......................... Chesapeake Bay, dates and coordinates.. The location of the safety Chesapeake Beach, MD. zone was moved to reflect the updated location of the fireworks barge. Alternative dates added. (b.) 10......................... Choptank River, coordinates............ The location of the safety Cambridge, MD. zone was moved to reflect the updated location of the fireworks site to an onshore location. (b.) 14......................... Miles River, St. coordinates............ The location of the safety Michaels, MD. zone was moved to reflect the updated location offshore. (b.) 15......................... Tred Avon River, dates and coordinates.. The location of the safety Oxford, MD. zone was moved to reflect the updated location of the fireworks site. Alternative dates added. (b.) 16......................... Northeast River, North dates and coordinates.. Safety zone size decreased East, MD. from a 300-yard radius to a 150-yard radius without negative impact to public safety. Alternative August date added. (b.) 18......................... Anacostia River, coordinates............ Safety zone size increased Washington, DC. from a 150-yard radius to 600-foot radius without negative impact to public safety. (b.) 19......................... Potomac River, Prince coordinates............ Safety zone size decreased William County, VA. from a 200-yard radius to 150-yard radius without negative impact to public safety. (b.) 21......................... Isle of Wight Bay, dates and coordinates.. Safety zone size decreased Ocean City, MD. from a 200 yard radius to 150 yards without negative impact to public safety. Event changed from near Memorial Day to July 4th and near Labor Day. (b.) 22......................... Assawoman Bay, Fenwick dates and coordinates.. Safety zone size decreased Island, MD. from a 360-yard radius to 200-yard radius without negative impact to public safety. [[Page 57361]] (b.) 23......................... Baltimore Harbor, MD... coordinates............ Safety zone size decreased from a 280-yard radius to 800-foot radius without negative impact to public safety. April Occurrence removed. (b.) 24......................... Chester River, Kent dates and coordinates.. Safety zone moved to a more Island Narrows, MD. open shoreside location and reduced from a 300-yard radius to 800-foot radius without negative impact to public safety. Alternative date added. (c.) 6.......................... Chesapeake Bay, Dates.................. Alternative date added for Virginia Beach, VA. planning flexibility. (d.) 2.......................... Cape Fear River, dates.................. Alternative date added to Wilmington, NC. the April occurrence. (d.) 3.......................... Green Creek and Smith coordinates............ Language ``approximate'' Creek, Oriental, NC. added to be clearer and consistent with other entries. (d.) 4.......................... Pasquotank River, dates and coordinates.. Language ``located Elizabeth City, NC. approximately 400 yards north of Cottage Point, NC'' removed to be clearer and consistent with other entries. May occurrences added. (d.) 7.......................... Pamilico River, coordinates............ Language ``the fireworks Washington, NC. launch site at approximate position'' added to be clearer and consistent with other entries. (d.) 8.......................... Neuse River, New Bern, coordinates............ Language ``located 420 yards NC. north of the New Bern Twin Span, high rise bridge'' removed to be clearer and consistent with other entries. (d.) 13......................... Atlantic Intracoastal coordinates............ Language ``the fireworks Waterway, Swansboro, launch position at'' and NC. ``near Swansboro'' added and ``on Pelican Island'' removed to be clearer and consistent with other entries. (d.) 14......................... Shallowbag Bay, Manteo, coordinates............ The safety zone was NC. increased from a 200-yard radius to a 300-yard radius to account for larger fireworks display. ---------------------------------------------------------------------------------------------------------------- Safety Zones To Be Removed Table 3--Safety Zones To Be Removed From the Table to 33 CFR 165.506 ---------------------------------------------------------------------------------------------------------------- Current table to Sec. 165.506 entry Date(s) Location Reason for removal ---------------------------------------------------------------------------------------------------------------- (a.) 1.......................... July 2nd, 3rd, 4th, or North Atlantic Ocean, Removing safety zone and 5th. Bethany Beach, DE. deferring to existing navigation rules does not negatively impact public safety. (a.) (2)........................ Labor Day.............. Indian River Bay, DE... Removing safety zone and deferring to existing navigation rules does not negatively impact public safety. (a.) (3)........................ July 2................. North Atlantic Ocean, Removing safety zone and Rehoboth Beach, DE. deferring to existing navigation rules does not negatively impact public safety. (a.) (8)........................ July 2nd, 3rd, 4th, or Great Egg Harbor Inlet, Removing safety zone and 5th August--3rd Sunday. Margate City, NJ. deferring to existing navigation rules does not negatively impact public safety. (a.) 10......................... July 2nd, 3rd, 4th, or North Atlantic Ocean, Removing safety zone and 5th. Atlantic City, NJ. deferring to existing navigation rules does not negatively impact public safety. (a.) 11......................... July 2nd, 3rd, 4th or North Atlantic Ocean, Removing safety zone and 5th October--1st or Ocean City, NJ. deferring to existing 2nd Saturday. navigation rules does not negatively impact public safety. (a.) 17......................... July 2nd, 3rd, 4th, or North Atlantic Ocean, Removing safety zone and 5th. Sea Isle, NJ. deferring to existing navigation rules does not negatively impact public safety. (b.) 1.......................... April--1st, 2nd, or 3rd Washington Channel, Event no longer held at this Saturday. Potomac River, location. Washington, DC. (b.) 7.......................... July 4th; December 31st Northwest Harbor Event no longer held at this Patapsco River, MD. location. (b.) 11......................... July--2nd or 3rd or Potomac River, Fairview Event no longer held at this last Saturday. Beach, Charles County, location. MD. (b.) 12......................... July--day before Potomac River, National Event no longer held at this Independence Day Harbor, MD. location. holiday and July 4th; November--3rd Thursday, 3rd Saturday and last Friday; December--1st, 2nd and 3rd Friday. (c.) 2.......................... September--last Friday York Rivers, West Event no longer held at this or October--1st Friday. Point, VA. location. (c.) 4.......................... July 4th, July 5th, James River, Newport Event no longer held at this July 6th, or July 7th. News, VA. location. [[Page 57362]] (c.) 7.......................... July 4th; December Elizabeth River Removing safety zone and 31st; January 1st. Southern Branch, deferring to existing Norfolk, VA. navigation rules does not negatively impact public safety. (c.) 8.......................... July--3rd Saturday..... John H. Kerr Reservoir, Removing safety zone and Clarksville, VA. deferring to existing navigation rules does not negatively impact public safety. (c.) 10......................... September--last North Atlantic Ocean Removing safety zone and Saturday or October-- Safety Zone B, deferring to existing 1st Saturday. Virginia Beach, VA. navigation rules does not negatively impact public safety. (c.) 11......................... Friday, Saturday and North Atlantic Ocean Event no longer held at this Sunday Labor Day Safety Zone C, location. Weekend. Virginia Beach, VA. (c.) 14......................... July--3rd, 4th, and 5th Great Wicomico River, Event no longer held at this Mila, VA. location. (c.) 15......................... July--1st Friday, Cockrell's Creek, Event no longer held at this Saturday and Sunday. Reedville, VA. location. (c.) 16......................... May--last Sunday....... James River, Richmond, Event no longer held at this VA. location. (c.) 17......................... June--last Saturday.... Rappahannock River, Event no longer held at this Tappahannock, VA. location. (c.) 19......................... July 3rd or 4th........ Pagan River, Event no longer held at this Smithfield, VA. location. (c.) 20......................... July 4th............... Sandbridge Shores, Event no longer held at this Virginia Beach, VA. location. (c.) 22......................... July 3rd, 4th, or 5th.. Urbanna Creek, Urbanna, Event no longer held at this VA. location. ---------------------------------------------------------------------------------------------------------------- V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the short amount of time that vessels will be restricted from certain parts of the waterway and the small size of these areas that are usually positioned away from high vessel traffic zones. Generally vessels would not be precluded from getting underway, or mooring at any piers or marinas currently located in the vicinity of the regulated areas. Advance notifications will also be made to the local maritime community by issuance of Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16, Marine Safety Information or Security Bulletins so mariners can adjust their plans accordingly. Notifications to the public for most events will typically be made by local newspapers, radio and TV stations. The Coast Guard anticipates that these safety zones will only be enforced for limited durations, less than 24 hours, occurring on specific dates throughout the year. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received zero comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit through a safety zone may be small entities, for the reasons stated in section IV.A above, this rule would not have a significant economic impact on any vessel owner or operator. These safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: The Coast Guard will ensure that small entities are able to operate in the areas where events are occurring to the extent possible while ensuring the safety of the public. The enforcement period will be short in duration and, in many of the areas, vessels can transit safely around the safety zone. Generally permission to enter, remain in, or transit through these regulated areas during the enforcement may be given when deemed safe to do so by the Event PATCOM on scene. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). [[Page 57363]] D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves implementation of regulations within 33 CFR part 165 that apply to recurring safety zones are for fireworks displays that take place either on or over the navigable waters of the United States. Some events by their nature may introduce potential for adverse impact on the safety or other interest of waterway users or waterfront infrastructure within or close proximity to the event area. It is categorically excluded from further review under paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04- 6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 1.2. 0 2. Revise Sec. 165.506 to read as follows: Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast Guard District. (a) Definitions. The following definitions apply to this section: Event Patrol Commander or Event PATCOM means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the respective Coast Guard Sector--COTP to enforce these regulations. Official patrol means any vessel assigned or approved by the respective Captain of the Port (COTP) with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign, or any state or local law enforcement vessel approved by the COTP in accordance with current local agreements. (b) Applicability. This section applies to the safety zones listed in paragraph (h) of this section. (c) Enforcement periods and COTP notification to the public. The COTP for the area where an event will be held will annually notify the public of each enforcement of a safety zone in paragraph (h) of this section by all appropriate means to affect the widest publicity among the affected public, including by Local Notices to Mariners and by Broadcast Notice to Mariners over VHF-FM marine band radio. The announcement will contain the details of the fireworks display, including the date(s) and time(s) of the enforcement period of the regulation with respect to that safety zone and the affected geographical area. Broadcasts may be made for these events beginning 24 to 48 hours before the event is scheduled to begin. The enforcement period(s) for each safety zone in paragraph (h) of this section is subject to change, but the duration of enforcement will remain the same, or nearly the same, total amount of time as stated in its table. An event may be conducted on the day following the date listed in paragraph (h) of this section in the case of inclement weather. Unless the COTP notifies the public otherwise, the safety zones in paragraph (h) of this section will be enforced from 5:30 p.m. on the date listed in paragraph (h) to 1 a.m. the date following the last date listed in paragraph (h) for an event. (d) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply. (2) Vessels may not enter, remain in, or transit through the safety zones during enforcement unless authorized to do so by the COTP or the Event PATCOM. (3) The Coast Guard may assign an official patrol to each fireworks display listed in paragraph (h) of this section. For each fireworks display assigned a patrol, a Coast Guard Event Patrol Commander (Event PATCOM) will be assigned to oversee the patrol. All persons and vessels must comply with the instructions of the Coast Guard COTP, Event PATCOM, or the official patrol. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of a vessel must proceed as directed. (e) Warning signs. (1) The pyrotechnic operator, or the agent of a professional pyrotechnics company, contracted by an event sponsor to conduct the fireworks display must ensure that a warning sign is affixed to the port and starboard side of the floating platform and visible each day the safety zone will be enforced. For a shore-based launch site, the pyrotechnic operator must ensure a warning sign is visible 3 feet above the ground level, on a post immediately adjacent to the shoreline, facing the water each day the safety zone will be enforced. (2) The warning sign in paragraph (e)(1) of this section will be labeled [[Page 57364]] ``FIREWORKS--DANGER--STAY AWAY''. The sign must be: Diamond shaped, sized 4 feet by 4 feet, have a white background, and have a 3-inch orange retro-reflective border. The word ``DANGER'' must be in 10-inch black block letters centered on the sign. The words ``FIREWORKS'' and ``STAY AWAY'' must be in 6-inch black block letters placed above and below the word ``DANGER''. (f) Postponement or cancellation. The COTP or Event PATCOM may order the postponement or cancellation of a fireworks display at any time if, in their sole discretion, it is determined that the display cannot be conducted in a safe manner. (g) Contact information. The public should contact the Coast Guard COTP for the area in which the event is occurring if they have questions about these safety zones. Contact information is listed below. For a description of the geographical area of each Coast Guard Sector--Captain of the Port zone, please see 33 CFR 3.25. (1) Coast Guard Sector Delaware Bay--Captain of the Port Zone, Philadelphia, Pennsylvania: (215) 271-4940, email: [email protected]. (2) Coast Guard Sector Maryland-National Capital Region--Captain of the Port Zone, Baltimore, Maryland: (410) 576-2525, email: [email protected]. (3) Coast Guard Sector Virginia--Captain of the Port Zone, Portsmouth, Virginia: (757) 483-8567; email: [email protected]. (4) Coast Guard Sector North Carolina--Captain of the Port Zone, Wilmington, North Carolina: (910) 343-3882, email: [email protected]. (h) Tables to Sec. 165.506(h). All coordinates listed reference Datum NAD 1983. As noted in paragraph (c) of this section, the enforcement period for each of the listed safety zones is subject to change. (1) Coast Guard Sector Delaware Bay--COTP Zone Table 1 to Paragraph (h)(1) ---------------------------------------------------------------------------------------------------------------- No. Enforcement period(s) Location Safety zone--regulated area ---------------------------------------------------------------------------------------------------------------- 1............................... July 2nd, 3rd, 4th or North Atlantic Ocean, The waters of the North 5th. Avalon, NJ; Safety Atlantic Ocean within a 500- Zone. yard radius of the fireworks barge in approximate location latitude 39[deg]06'19.5'' N, longitude 074[deg]42'02.15'' W, in the vicinity of the shoreline at Avalon, NJ. 2............................... One Saturday or Sunday Barnegat Bay, Barnegat The waters of Barnegat Bay in June or July. Township, NJ; Safety within a 500-yard radius of Zone. the fireworks barge in approximate position latitude 39[deg]44'50'' N, longitude 074[deg]11'21'' W, approximately 500 yards north of Conklin Island, NJ. 3............................... July 2nd, 3rd, 4th or North Atlantic Ocean, The waters of the North 5th. Cape May, NJ; Safety Atlantic Ocean within a 500- Zone. yard radius of the fireworks barge in approximate location latitude 38[deg]55'36'' N, longitude 074[deg]55'26'' W, immediately adjacent to the shoreline at Cape May, NJ. 4............................... July 2nd, 3rd, 4th or Delaware Bay, North All waters of the Delaware 5th. Cape May, NJ; Safety Bay within a 360-yard Zone. radius of the fireworks barge in approximate position latitude 38[deg]58'00'' N, longitude 074[deg]58'30'' W. 5............................... Each Thursday in July.. Metedeconk River, Brick The waters of the Metedeconk Township, NJ; Safety River within a 300-yard Zone. radius of the fireworks launch platform in approximate position latitude 40[deg]03'24'' N, longitude 074[deg]06'42'' W, near the shoreline at Brick Township, NJ. 6............................... 4th Saturday in May.... Barnegat Bay, Ocean All waters of Barnegat Bay Township, NJ; Safety within a 500-yard radius of Zone. the fireworks barge in approximate position latitude 39[deg]47'33'' N, longitude 074[deg]10'46'' W. 7............................... July 2nd, 3rd, 4th, or Little Egg Harbor, All waters of Little Egg 5th. Parker Island, NJ; Harbor within a 500-yard Safety Zone. radius of the fireworks barge in approximate position latitude 39[deg]34'18'' N, longitude 074[deg]14'43'' W, approximately 50 yards north of Parkers Island. 8............................... Any day(s) from January Delaware River, All waters of the Delaware 1st through December Chester, PA; Safety River near Chester, PA, 31st specified by Zone. just south of the Commodore Notice of Enforcement Barry Bridge within a 500- published in the yard radius of the Federal Register and fireworks barge located in broadcast via approximate position Broadcast Notice to latitude 39[deg]49'43.2'' Mariners. N, longitude 075[deg]22'42'' W. 9............................... One Saturday or Sunday Delaware River, All waters of the Delaware in either June or July. Essington, PA; Safety River near Essington, PA, Zone. west of Little Tinicum Island within a 250-yard radius of the fireworks barge located in the approximate position latitude 39[deg]51'27'' N, longitude 075[deg]18'19'' W. 10.............................. Any day from January Delaware River, All waters of Delaware 1st through December Philadelphia, PA; River, adjacent to Penn's 31st specified by Safety Zone. Landing, Philadelphia, PA, Notice of Enforcement within a 500-yard radius of published in the a fireworks barge at Federal Register and approximate position broadcast via latitude 39[deg]56'49'' N, Broadcast Notice to longitude 075[deg]08'11'' Mariners. W. 11.............................. One Friday, Saturday or Rehoboth Bay, DE; All waters within a 500-yard Sunday in May; and Safety Zone. radius of a fireworks barge July 2nd, 3rd, 4th or located at position 5th; and December 31st. latitude 38[deg]41'21'' N, longitude 075[deg]05'00'' W at Rehoboth Bay near Dewey Beach, DE. [[Page 57365]] 12.............................. July 2nd, 3rd, 4th or Delaware Bay, Lewes, All waters of Delaware Bay 5th. DE; Safety Zone. off Lewes, DE, within a 350 yard radius of the barge anchored in approximate position 38[deg]47'12'' N, 075[deg]07'48'' W. 13.............................. One Saturday in July... Great Egg Harbor Bay, The waters of the Great Egg Ocean City, NJ; Safety Harbor Bay within a 300- Zone. yard radius of the fireworks barge in approximate position latitude 39[deg]17'24'' N, longitude 074[deg]34'31'' W, adjacent to shoreline of Ocean City, NJ. ---------------------------------------------------------------------------------------------------------------- (2) Coast Guard Sector Maryland-National Capital Region--COTP Zone Table 2 to Paragraph (h)(2) ---------------------------------------------------------------------------------------------------------------- No. Enforcement period(s) Location Safety zone--regulated area ---------------------------------------------------------------------------------------------------------------- 1............................... Any day(s) from March Washington Channel, The waters of the Washington 1st through December Upper Potomac River, Channel within a 200-foot 31st. Whenever Washington, DC; Safety radius of the fireworks feasible, the COTP Zone. floating platform which will publish a Notice will be located within an of Enforcement at area bounded on the south least 2 days in by latitude 38[deg]52'30'' advance of the event N, and bounded on the north in the Federal by the southern extent of Register. Each day the Francis Case (I-395) that the duration of Memorial Bridge, located at each enforcement of Washington, DC. the zone is expected to be 5 hours or less. 2............................... July 4th............... Severn River and Spa The waters of the Severn Creek, Annapolis, MD; River and Spa Creek within Safety Zone. a 200-yard radius of the fireworks barge in approximate position latitude 38[deg]58'38'' N, longitude 076[deg]28'41'' W, located near the entrance to Spa Creek, at Annapolis, MD. 3............................... December 31st.......... Upper Potomac River, The waters of the Upper Washington, DC; Safety Potomac River within a 200- Zone. yard radius of the fireworks barge in approximate position 38[deg]48'14'' N, 077[deg]02'10'' W, located near the waterfront (King Street) at Alexandria, VA. 4............................... June 14th; September-- Northwest Harbor (East The waters of the Patapsco 2nd or 3rd Saturday. Channel), Patapsco River within a 200-yard River, MD; Safety Zone. radius of the fireworks barge in approximate position latitude 39[deg]15'55.15'' N, longitude 076[deg]34'32.66'' W, located adjacent to the East Channel of Northwest Harbor, at Baltimore, MD. 5............................... May--2nd or 3rd Baltimore Inner Harbor, The waters of the Patapsco Thursday; November-- Patapsco River, MD; River within a 100-yard 2nd Saturday or Sunday. Safety Zone. radius of the fireworks barge in approximate position latitude 39[deg]17'01'' N, longitude 076[deg]36'31'' W, located at the entrance to Baltimore Inner Harbor, approximately 125 yards southwest of pier 3, at Baltimore, MD. 6............................... May--2nd or 3rd Baltimore Inner Harbor, The waters of the Patapsco Thursday or Friday; Patapsco River, MD, River within a 100-yard July 4th; December Safety Zone. radius of approximate 31st. position latitude 39[deg]17'04'' N, longitude 076[deg]36'36'' W, located in Baltimore Inner Harbor, approximately 125 yards southeast of pier 1, at Baltimore, MD. 7............................... April--1st, 2nd or 3rd Anacostia River, All navigable waters of the Saturday or Sunday. Washington, DC; Safety Anacostia River within a Zone. 400-foot radius of the fireworks barge in approximate position latitude 38[deg]52'16.3'' N, longitude 077[deg]00'09.7'' W, located at Washington, DC. 8............................... July 4th or the Friday Patuxent River, Calvert The waters of the Patuxent or Saturday before or County, MD; Safety River within a 200-yard after Independence Day Zone. radius of the fireworks (observed). barge located at latitude 38[deg]19'17'' N, longitude 076[deg]27'45'' W, approximately 700 feet from shore at Solomons Island, MD. 9............................... July 3rd, or the Friday Chesapeake Bay, The waters of the Chesapeake after Independence Day Chesapeake Beach, MD, Bay within a 200-yard (observed). Safety Zone. radius of the fireworks barge in approximate position latitude 38[deg]41'36.36'' N, longitude 076[deg]31'29.58'' W, and within a 200-yard radius of the fireworks barge in approximate position latitude 38[deg]41'27.84'' N, longitude 076[deg]31'28.50'' W, located near Chesapeake Beach, MD. 10.............................. July 4th............... Choptank River, The waters of the Choptank Cambridge, MD; Safety River within a 300-yard Zone. radius of the fireworks launch site at Great Marsh Point, in approximate position latitude 38[deg]35'05'' N, longitude 076[deg]04'41'' W, located at Cambridge, MD. [[Page 57366]] 11.............................. July 4th, or Saturday Middle River, Baltimore All waters of the Middle or Sunday before or County, MD; Safety River within a 200-yard after Independence Day Zone. radius of the fireworks (observed). barge in approximate position latitude 39[deg]18'25'' N, longitude 076[deg]24'27'' W, located near Wilson Point in Baltimore County, MD. 12.............................. July 4th, or the Susquehanna River, All waters of the Saturday or Sunday Havre de Grace, MD; Susquehanna River within a before or after Safety Zone. 200-yard radius of the Independence Day fireworks barge in (observed). approximate position latitude 39[deg]32'19'' N, longitude 076[deg]04'58.3'' W, located at Havre de Grace, MD. 13.............................. July 4th or the Susquehanna River, The waters of the Saturday or Sunday Havre de Grace, MD; Susquehanna River within a before or after Safety Zone. 300-yard radius of Independence Day approximate position (observed). latitude 39[deg]32'06'' N, longitude 076[deg]05'22'' W, located on the island at Millard Tydings Memorial Park, at Havre de Grace, MD. 14.............................. July 4th, or the Miles River, St. All navigable waters of the Saturday before or Michaels, MD; Safety Miles River within a 150- after Independence Day Zone. yard radius of the (observed). fireworks barge in approximate position latitude 38[deg]47'55.10'' N, longitude 076[deg]12'43.75'' W, located at the entrance to Long Haul Creek. 15.............................. December 31st.......... Spa Creek, Annapolis, The waters of Spa Creek MD; Safety Zone. within a 400-foot radius of the fireworks barge in approximate position latitude 38[deg]58'32.48'' N, longitude 076[deg]28'57.55'' W, located at Annapolis, MD. 16.............................. July 3rd, or the Friday Tred Avon River, The waters of the Tred Avon after Independence Day Oxford, MD; Safety River within a 150-yard (observed). Zone. radius of the fireworks barge in approximate position latitude 38[deg]41'38.84'' N, longitude 076[deg]10'48.41'' W, approximately 330 yards northwest of the waterfront at Oxford, MD. 17.............................. July 3rd or August 4th. Northeast River, North All navigable waters of the East, MD; Safety Zone. Northeast River within a 300-yard radius of the fireworks barge in approximate position latitude 39[deg]35'26.3'' N, longitude 075[deg]57'04.9'' W, approximately 400 yards southwest of North East Community Park at North East, MD. 18.............................. July--1st, 2nd or 3rd Upper Potomac River, The waters of the Upper Saturday. Washington, DC; Safety Potomac River within a 300- Zone. yard radius of the fireworks barge in approximate position 38[deg]48'38'' N, 077[deg]01'56'' W, located east of Oronoco Bay Park at Alexandria, VA. 19.............................. March through October, Anacostia River, The waters of the Anacostia at the conclusion of Washington, DC; Safety River within a 600-foot evening MLB games at Zone. radius of the fireworks Washington Nationals barge in approximate Ball Park. position latitude 38[deg]52'12.71'' N, longitude 077[deg]00'14.08'' W, located near the Nationals Ball Park at Washington, DC. 20.............................. June--last Saturday or Potomac River, Prince The waters of the Potomac July--1st Saturday; William County, VA; River within a 150-yard July--3rd, 4th or last Safety Zone. radius of the fireworks Saturday September-- barge in approximate Saturday before Labor position latitude Day (observed). 38[deg]34'07.97'' N, longitude 077[deg]15'37.39'' W, located near Cherry Hill, VA. 21.............................. July 4th............... North Atlantic Ocean, The waters of the North Ocean City, MD; Safety Atlantic Ocean in an area Zone. bound by the following points: latitude 38[deg]19'39.9'' N, longitude 075[deg]05'03.2'' W; thence to latitude 38[deg]19'36.7'' N, longitude 075[deg]04'53.5'' W; thence to latitude 38[deg]19'45.6'' N, longitude 075[deg]04'49.3'' W; thence to latitude 38[deg]19'49.1'' N, longitude 075[deg]05'00.5'' W; thence to point of origin. The size of the safety zone extends approximately 300 yards offshore from the fireworks launch area located at the high water mark on the beach at Ocean City, MD. 22.............................. May--Sunday before Isle of Wight Bay, The waters of Isle of Wight Memorial Day Ocean City, MD; Safety Bay within a 150-yard (observed) July 4th Zone. radius of the fireworks August/September-- barge in approximate Sunday before Labor position latitude Day (observed) or 38[deg]22'31'' N, longitude Labor Day (observed). 075[deg]04'30'' W, located at Ocean City, MD. 23.............................. July 4th............... Assawoman Bay, Fenwick The waters of Assawoman Bay Island--Ocean City, within a 200-yard radius of MD; Safety Zone. the fireworks launch location on the pier at the west end of Northside Park, in approximate position latitude 38[deg]25'54.72'' N, longitude 075[deg]03'53.11'' W, located at Ocean City, MD. 24.............................. July 4th; December 31st Baltimore Harbor, The waters of Baltimore Baltimore Inner Harbor, Patapsco River, Harbor, MD; Safety within an 800-foot radius Zone. of the fireworks barge in approximate position latitude 39[deg]16'36.7'' N, longitude 076[deg]35'53.8'' W, located northwest of the Domino Sugar refinery wharf at Baltimore, MD. [[Page 57367]] 25.............................. July 4th, or the Chester River, Kent All navigable waters of Tuesday, Wednesday or Island Narrows, MD, Chester River, Kent Island Thursday before Safety Zone. Narrows (North Approach), Independence Day within 800 feet of the (observed). fireworks launch site at Kent Island in approximate position latitude 38[deg]58'45.0'' N, longitude 076[deg]14'52.8'' W, located in Queen Anne's County, MD. 26.............................. July 3rd, or the Severn River, Sherwood The waters of the Severn Friday, Saturday or Forest, MD; Safety River within a 150-yard Sunday after Zone. radius of the fireworks Independence Day discharge site located at (observed). the end of Sherwood Forest Club main pier in approximate position latitude 39[deg]01'54.0'' N, longitude 076[deg]32'41.8'' W, located at Sherwood Forest, MD. 27.............................. July 4th............... Patapsco River-Middle The waters of the Middle Branch, Baltimore, MD; Branch of the Patapsco Safety Zone. River, within an 800-feet radius of the fireworks display in the in approximate position latitude 39[deg]15'31.67'' N, longitude 076[deg]37'13.95'' W, located at Baltimore, MD. ---------------------------------------------------------------------------------------------------------------- (3) Coast Guard Sector Virginia--COTP Zone Table 3 to Paragraph (h)(3) ---------------------------------------------------------------------------------------------------------------- No. Enforcement period(s) Location Safety zone--regulated area ---------------------------------------------------------------------------------------------------------------- 1............................... July 4th............... Linkhorn Bay, Virginia All waters of the Linkhorn Beach, VA, Safety Zone. Bay within a 400-yard radius of the fireworks display in approximate position latitude 36[deg]52'20'' N, longitude 076[deg]00'38'' W, located near the Cavalier Golf and Yacht Club, Virginia Beach, VA. 2............................... July 4th............... York River, Yorktown, All waters of the York River VA, Safety Zone. within a 400-yard radius of the fireworks display in approximate position latitude 37[deg]14'14'' N, longitude 076[deg]30'02'' W, located near Yorktown, VA. 3............................... June--4th Friday; July-- Chesapeake Bay, All waters of the Chesapeake 1st Friday; July 4th. Norfolk, VA, Safety Bay within a 400-yard Zone. radius of the fireworks display located in position latitude 36[deg]57'21'' N, longitude 076[deg]15'00'' W, located near Ocean View Fishing Pier. 4............................... July 4th............... North Atlantic Ocean, All waters of the North Virginia Beach, VA, Atlantic Ocean within a Safety Zone A. 1,000-yard radius of the center located near the shoreline at approximate position latitude 36[deg]51'12'' N, longitude 075[deg]58'06'' W, located off the beach between 17th and 31st Streets. 5............................... July 4th............... Nansemond River, All waters of the Nansemond Suffolk, VA, Safety River within a 350-yard Zone. radius of approximate position latitude 36[deg]44'27'' N, longitude 076[deg]34'42'' W, located near Constant's Wharf in Suffolk, VA. 6............................... July 4th............... Chickahominy River, All waters of the Williamsburg, VA, Chickahominy River within a Safety Zone. 400-yard radius of the fireworks display in approximate position latitude 37[deg]14'50'' N, longitude 076[deg]52'17'' W, near Barrets Point, VA. 7............................... July 4th; August--1st Cape Charles Harbor, All waters of Cape Charles Friday, Saturday and Cape Charles, VA, Harbor located within a 125 Sunday; December 31st. Safety Zone. yard-radius of the fireworks display at approximate position latitude 37[deg]15'46.5'' N, longitude 076[deg]01'30.3'' W near Cape Charles, VA. 8............................... July 4th, 5th or 6th... Chesapeake Bay, All waters of Chesapeake Bay Virginia Beach, VA, located within a 200-yard Safety Zone. radius of the fireworks display at approximate position latitude 36[deg]54'58.18'' N, longitude 076[deg]06'44.3'' W near Virginia Beach, VA. 9............................... July 3rd, 4th or 5th... Chesapeake Bay, All waters of the Chesapeake Virginia Beach, VA, Bay 400 yard radius of the Safety Zone. fireworks display in approximate position latitude 36[deg]55'02'' N, longitude 076[deg]03'27'' W, located at the First Landing State Park at Virginia Beach, Virginia. 10.............................. July 4th............... Elizabeth River Eastern All waters of Eastern Branch Branch, Norfolk, VA; Elizabeth River within the Safety Zone. area along the shoreline immediately adjacent to Harbor Park Stadium ball park and outward into the river bound by a line drawn from latitude 36[deg]50'30'' N, longitude 076[deg]16'39.9'' W, thence south to 36[deg]50'26.6'' N, longitude 076[deg]16'39'' W, thence northwest to 36[deg]50'28.8'' N, longitude 076[deg]16'49.1'' W, thence north to 36[deg]50'30.9'' N, longitude 076[deg]16'48.6'' W, thence east along the shoreline to point of origin. [[Page 57368]] 11.............................. April: Last Friday, North Atlantic Ocean, All water of the North Saturday and Sunday. Virginia Beach, VA, Atlantic Ocean within a 300- Safety Zone. yard radius of approximate position latitude 36[deg]50'29.91'' N, longitude 075[deg]58'05.36'' W, located off the beach between 10th and 15th Streets. ---------------------------------------------------------------------------------------------------------------- (4) Coast Guard Sector North Carolina--COTP Zone Table 4 to Paragraph (h)(4) ---------------------------------------------------------------------------------------------------------------- No. Enforcement period(s) Location Safety zone--regulated area ---------------------------------------------------------------------------------------------------------------- 1............................... July 4th; October--1st Morehead City Harbor The waters of the Morehead Saturday. Channel, NC, Safety City Harbor Channel that Zone. fall within a 360-yard radius of latitude 34[deg]43'01'' N, longitude 076[deg]42'59.6'' W, a position located at the west end of Sugar Loaf Island, NC. 2............................... April--1st or 2nd Cape Fear River, The waters of the Cape Fear Saturday; July 4th; Wilmington, NC, Safety River within an area bound August--3rd Monday; Zone. by a line drawn from the October--1st Saturday. following points: Latitude 34[deg]13'54'' N, longitude 077[deg]57'06'' W; thence northeast to latitude 34[deg]13'57'' N, longitude 077[deg]57'05'' W; thence north to latitude 34[deg]14'11'' N, longitude 077[deg]57'07'' W; thence northwest to latitude 34[deg]14'22'' N, longitude 077[deg]57'19'' W; thence east to latitude 34[deg]14'22'' N, longitude 077[deg]57'06'' W, thence southeast to latitude 34[deg]14'07'' N, longitude 077[deg]57'00'' W; thence south to latitude 34[deg]13'54'' N, longitude 077[deg]56'58'' W; thence to the point of origin, located approximately 500 yards north of Cape Fear Memorial Bridge. 3............................... July 1st Saturday; July Green Creek and Smith The waters of Green Creek 4th. Creek, Oriental, NC, and Smith Creek that fall Safety Zone. within a 300-yard radius of the fireworks launch site at approximate latitude 35[deg]01'29.6'' N, longitude 076[deg]42'10.4'' W, located near the entrance to the Neuse River in the vicinity of Oriental, NC. 4............................... May--3rd or 4th Pasquotank River, The waters of the Pasquotank Saturday; July 4th. Elizabeth City, NC, River within a 300-yard Safety Zone. radius of the fireworks launch barge in approximate position latitude 36[deg]17'47'' N, longitude 076[deg]12'17'' W. 5............................... July 4th or 5th........ Currituck Sound, The waters of the Currituck Corolla, NC, Safety Sound within a 300-yard Zone. radius of the fireworks launch site in approximate position latitude 36[deg]22'23.8'' N, longitude 075[deg]49'56.3'' W, located near Whale Head Bay. 6............................... July 4th; November--3rd Middle Sound, Figure The waters of the Figure Saturday. Eight Island, NC, Eight Island Causeway Safety Zone. Channel from latitude 34[deg]16'32'' N, longitude 077[deg]45'32'' W, thence east along the marsh to latitude 34[deg]16'19'' N, longitude 077[deg]44'55'' W, thence south to the causeway at latitude 34[deg]16'16'' N, longitude 077[deg]44'58'' W, thence west along the shoreline to latitude 34[deg]16'29'' N, longitude 077[deg]45'34'' W, thence back to the point of origin. 7............................... June--2nd Saturday; Pamlico River, The waters of Pamlico River July 4th. Washington, NC, Safety and Tar River within a 300- Zone. yard radius of the fireworks launch site at approximate position latitude 35[deg]32'25'' N, longitude 077[deg]03'42'' W, a position located on the southwest shore of the Pamlico River, Washington, NC. 8............................... July 4th............... Neuse River, New Bern, The waters of the Neuse NC, Safety Zone. River within a 360-yard radius of the fireworks barge in approximate position latitude 35[deg]06'07.1'' N, longitude 077[deg]01'35.8'' W. 9............................... July--1st Saturday or Pamlico Sound, The waters of Pamlico Sound Sunday; July 4th. Ocracoke, NC, Safety with a 300-yard radius of Zone. the National Park Service boat launch site at Ocracoke, NC at position latitude 35[deg]07'07'' N, longitude 075[deg]59'16'' W. 10.............................. July 4th; November-- Motts Channel, Banks The waters of Motts Channel Saturday following Channel, Wrightsville within a 500-yard radius of Thanksgiving Day. Beach, NC, Safety Zone. the fireworks launch site in approximate position latitude 34[deg]12'29'' N, longitude 077[deg]48'27'' W, approximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC. 11.............................. July 4th............... Cape Fear River, The waters of the Cape Fear Southport, NC, Safety River within a 600-yard Zone. radius of the fireworks barge in approximate position latitude 33[deg]54'40'' N, longitude 078[deg]01'18'' W, approximately 700 yards south of the waterfront at Southport, NC. [[Page 57369]] 12.............................. July 4th............... Big Foot Slough, The waters of Big Foot Ocracoke, NC, Safety Slough within a 300-yard Zone. radius of the fireworks launch site in approximate position latitude 35[deg]06'54'' N, longitude 075[deg]59'24'' W, approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC. 13.............................. August--1st Tuesday.... New River, The waters of the New River Jacksonville, NC, within a 300-yard radius of Safety Zone. the fireworks launch site in approximate position latitude 34[deg]44'45'' N, longitude 077[deg]26'18'' W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, NC. 14.............................. May--3rd or 4th Bath Creek, Bath, NC, The waters on Bath Creek Saturday; July 4th. Safety Zone. within a 300-yard radius of approximate position 35[deg]28'05'' N, 076[deg]48'56'' W, Bath, NC. 15.............................. July 4th; October--2nd Atlantic Intracoastal The waters of the Atlantic Saturday. Waterway, Swansboro, Intracoastal Waterway NC, Safety Zone. within a 300-yard radius of the fireworks launch position at approximate position latitude 34[deg]41'02'' N, longitude 077[deg]07'04'' W, located near Swansboro, NC. 16.............................. September--4th or last Shallowbag Bay, Manteo, The waters of Shallowbag Bay Saturday. NC; Safety Zone. within a 300-yard radius of a fireworks barge anchored at latitude 35[deg]54'31'' N, longitude 075[deg]39'42'' W. 17.............................. July--3rd or 4th....... Atlantic Intracoastal The waters of the Atlantic Waterway, Surf City, Intracoastal Waterway NC, Safety Zone. within a 300-yard radius of approximate position latitude 34[deg]25'46'' N, longitude 077[deg]33'01'' W, in Surf City, NC. 18.............................. September--3rd, 4th, or Neuse River, New Bern, The waters within a 300-yard last Friday or NC, Safety Zone. radius of the fireworks Saturday. launch location at approximate position latitude 35[deg]06'23'' N, longitude 077[deg]01'48'' W, on the Neuse River, New Bern, NC. ---------------------------------------------------------------------------------------------------------------- Dated: October 1, 2021. Laura M. Dickey, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2021-22496 Filed 10-14-21; 8:45 am] BILLING CODE 9110-04-P