3142 Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Rules and Regulations 

Frequency 

Field/strength

(volts per meter) 

Peak Average 

8 GHz–12 GHz ..... 3000 300

12 GHz–18 GHz ... 2000 200

18 GHz–40 GHz ... 600 200

The field strengths are expressed in terms 

of peak of the root-mean-square (rms) over 

the complete modulation period. 

The threat levels identified above are 

the result of an FAA review of existing 

studies on the subject of HIRF, in light 

of the ongoing work of the 

Electromagnetic Effects Harmonization 

Working Group of the Aviation 

Rulemaking Advisory Committee. 

Applicability 

As discussed above, these special 

conditions are applicable to the Cessna 

Aircraft Company Model 501 and 551 

series airplanes. Should Shadin 

Company, Inc. apply at a later date for 

a supplemental type certificate to 

modify any other model included on 

Type Certificate No. A27CEU to 

incorporate the same or similar novel or 

unusual design feature, these special 

conditions would apply to that model as 

well under the provisions of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

Cessna Model 501 and 551 series 

airplanes modified by Shadin Company, 

Inc. It is not a rule of general 

applicability and affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

The substance of the special 

conditions for these airplanes has been 

subjected to the notice and comment 

procedure in several prior instances and 

has been derived without substantive 

change from those previously issued. 

Because a delay would significantly 

affect the certification of the airplane, 

which is imminent, the FAA has 

determined that prior public notice and 

comment are unnecessary and 

impracticable, and good cause exists for 

adopting these special conditions upon 

issuance. The FAA is requesting 

comments to allow interested persons to 

submit views that may not have been 

submitted in response to the prior 

opportunities for comment described 

above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements.

■ The authority citation for these special 

conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Conditions

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the supplemental type 

certification basis for the Cessna Aircraft 

Company Model 501 and 551 series 

airplanes modified by Shadin Company, 

Inc. 

1. Protection from Unwanted Effects 

of High-Intensity Radiated Fields 

(HIRF). Each electronic and electrical 

system that performs critical functions 

must be designed and installed to 

ensure that the operation and 

operational capability of these systems 

to perform critical functions are not 

adversely affected when the airplane is 

exposed to high intensity radiated 

fields.

2. For the purpose of these special 

conditions, the following definition 

applies: 

Critical Functions: Functions whose 

failure would contribute to or cause a 

failure condition that would prevent the 

continued safe flight and landing of the 

airplane.

Issued in Renton, Washington, on January 

12, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–1156 Filed 1–19–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Fiscal Service 

31 CFR Part 285

RIN 1510–AA65

Centralized Offset of Federal Payments 

To Collect Nontax Debts Owed to the 

United States

AGENCY: Financial Management Service, 

Fiscal Service, Treasury.

ACTION: Final rule.

SUMMARY: This final rule describes the 

general rules and procedures applicable 

to the collection, through the Treasury 

Offset Program (TOP), of delinquent, 

nontax debts owed to Federal agencies. 

TOP is a program administered by the 

Financial Management Service (FMS), a 

bureau of the Treasury Department.

DATES: This rule is effective January 21, 

2005.

FOR FURTHER INFORMATION CONTACT:

Gerry Isenberg, Financial Program 

Specialist, at (202) 874–6660; Tricia 

Long, Attorney-Advisor, at (202) 874–

6680. A copy of this final rule is being 

made available for downloading from 

the Financial Management Service Web 

site at the following address: http://

www.fms.treas.gov/debt.

SUPPLEMENTARY INFORMATION:

Background 

On December 26, 2002, FMS 

published an interim rule with request 

for comments (‘‘Interim Rule’’) 

describing the general rules and 

procedures applicable to the collection 

of delinquent, nontax debts owed to 

Federal agencies by the centralized 

offset of Federal payments. See 67 FR 

78936. 

FMS established TOP in order to 

implement provisions of various Federal 

laws affecting offset, including the Debt 

Collection Improvement Act of 1996 

(Pub. L. 104–134, 110 Stat. 1321–358 

(April 26, 1996)) (‘‘DCIA’’), which 

directed Treasury to provide a 

centralized process for withholding or 

reducing eligible Federal payments to 

pay the payee’s delinquent debt owed to 

the United States. See 31 U.S.C. 3716(c) 

and 3720A. 

Discussion of Comments 

General 

FMS received comments from a 

Federal agency and a State comptroller’s 

office in response to the publishing of 

the Interim Rule. In response to the 

comments, FMS has made the revisions 

reflected in this final rule. In addition, 

FMS has corrected the citation to 

Executive Order 13019 in the list of 

authorities for 31 CFR Part 285 and has 

made minor editorial changes for 

purposes of consistency. 

Comment Analysis 

Interim Rule § 285.5(a) Scope 

One commenter noted that the rule 

does not address how TOP processes 

offsets to collect debts for which two or 

more debtors are jointly and severally 

liable. FMS has not made any changes 

in response to this comment. TOP has 

been developed to comply with existing 

laws regarding the liability of debtors 

who are jointly and severally liable for 

debts, and therefore, no change to the 

rule is required. 

One commenter asked for clarification 

as to whether past-due support debts 

and other debts owed to a State are 

covered by the rule. The commenter 

noted that paragraph (f)(3) of this 

section sets forth the priority of 

collection when multiple debts 

(including support and other debts 

owed to States) match with the same 

payment. This final rule applies only to 

Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Rules and Regulations 3143

offsets made through TOP to collect 

delinquent, nontax debts owed to the 

United States. Past-due support debts 

and debts owed to States are not within 

the scope of this rule (although nontax 

debts owed by States are covered by this 

rule). TOP does, however, process 

offsets and levies to collect debts 

pursuant to several laws and 

regulations. Paragraph (f)(3) was 

intended to explain what will occur if 

a debt within the scope of this rule 

matches with a payment at the same 

time as a debt that is not covered by this 

rule. We have revised the wording in 

(f)(3)(ii) and (f)(3)(ii)(B) for clarification. 

Interim Rule § 285.5(b) Definitions 

One commenter suggested deleting 

the example in the definition of ‘‘legally 

enforceable’’ in paragraph (b) regarding 

debts under appeal. The commenter 

questioned whether a debt may ever be 

considered final, and therefore legally 

enforceable, when there is a pending 

administrative review process with 

respect to the debt. FMS has determined 

that deleting the example is not 

necessary. Statutes, regulations and 

agency guidance applicable to particular 

debts may provide for appeals after a 

final agency decision on any matter 

related to the debt. 

One commenter remarked that the 

definition of ‘‘match’’ allows for 

payments due to one State agency to be 

offset to collect delinquent debts 

incurred by another agency of the same 

State. This is possible because each 

State has one TIN for all its agencies. 

The commenter suggested that one State 

agency’s payments should not be 

affected by another agency’s debts, and 

that FMS should put in controls, such 

as using different identifiers for 

payment programs, in order to avoid 

such offsets. FMS disagrees. For 

purposes of offset, the debtor is the 

State, not the individual agency. This is 

also the case for corporations and other 

entities that share a TIN with 

subsidiaries. Two components of an 

entity using the same TIN are generally 

considered to be one legal entity 

responsible for debts incurred by either 

component. As a result, payments made 

to one component of such an entity are 

eligible for offset to collect debts owed 

by another component of the same 

entity. FMS realizes that States and 

other organizations have a need 

internally to identify components which 

have incurred delinquent debts, and 

FMS will work with such organizations 

to assist such communications to the 

extent possible. 

Interim Rule § 285.5(d)(5) Delinquent 

Debt Information Requirements 

One commenter suggested that 

creditor agencies be required to supply 

the address and phone number of the 

primary contact within the agency who 

will respond to inquiries about the debt. 

The commenter also suggested that this 

information be included in the offset 

notice described in paragraph (g)(3). 

This suggestion is consistent with the 

applicable portions of the Federal 

Claims Collection Standards as set forth 

in 31 CFR 901.2, and this final rule 

incorporates that suggestion in (d)(5)(iv) 

and (g)(3)(iii). 

The commenter also suggested that 

FMS require creditor agencies to supply 

the nature of the debt to FMS, so such 

information could be included in offset 

and warning notices. FMS does not 

believe that such a requirement is 

appropriate or necessary. The debtor 

can ascertain information about the 

nature of the debt and other information 

pertaining to the debt by contacting the 

creditor agency using the contact 

information provided in the notices. 

Also, FMS does not need this 

information to facilitate offset. The 

nature of the debt is not relevant to its 

legal enforceability, nor is it necessary 

for TOP to match the debt with the 

payment. For these reasons, FMS has 

not included this requirement in this 

final rule.

Interim Rule § 285.5(d)(6) Creditor 

Agency Certification 

As described in paragraph (ii)(A), the 

creditor agency must certify that it has 

sent written notice regarding the debt to 

the debtor’s most current address 

known to the agency. One commenter 

requested that, when the debtor is a 

State agency, the rule require that copies 

of these notices (as well as those sent by 

disbursing officials pursuant to 

paragraph (g)(3)) be sent to the State 

comptroller or treasurer, in order to 

facilitate communications among State 

agencies. FMS believes that such a 

requirement would create an undue 

burden on Federal agencies to ascertain 

the central point of contact for each 

State entity with which it does business. 

With respect to the creditor agency’s 

obligation to notify the debtor of the 

debt, the legal requirement is to send 

written notice to the last known 

address. The last known address 

generally is the one supplied by the 

debtor to the creditor agency, unless the 

creditor agency has obtained an updated 

address through its independent 

research. The State has the option of 

supplying its comptroller’s or treasurer’s 

address to each Federal agency with 

which it does business, as the official 

address for sending such notices. With 

respect to the disbursing official’s 

obligation to send notices regarding the 

offset of a payment, the disbursing 

official sends such notice to the address 

to which the payment would have been 

sent, if a payment address is available. 

In the case of payments made by 

electronic funds transfer, payment 

addresses are generally not available, 

and notices are therefore sent to the 

address for the debtor, which is 

supplied by the creditor agency. For 

these reasons, this final rule does not 

require creditor agencies or disbursing 

officials to send additional copies of 

notices to a central point of contact 

within a State. 

Interim Rule § 285.5(d)(10) Correcting 

and Updating Debt Information 

One commenter suggested that FMS 

revise paragraph (v) to state that it does 

not apply to offsets when the paying 

agency is also the creditor agency. The 

commenter asserted that FMS would be 

notified in such cases by the creditor 

agency’s compliance with paragraphs 

(d)(10)(i) through (d)(10)(iv). FMS 

requires that creditor agencies notify 

FMS if they have refunded monies to 

the debtor in order to assure that FMS’s 

debt and accounting records are 

accurate. The fact that the creditor 

agency is also the paying agency does 

not necessarily result in FMS being 

notified of the refund through other 

means. Additionally, it is noted that 

paragraphs (d)(10)(i) through (d)(10)(iv) 

do not require agencies to specify 

whether the collections they credit 

pursuant to those paragraphs are due to 

refunds or other types of collections. 

In reviewing (d)(10)(v) to respond to 

the commenter’s suggestion, we 

determined that this paragraph should 

be clarified to indicate that the creditor 

agency must notify FMS any time the 

creditor agency refunds money to the 

debtor/payee, in accordance with 

paragraph (i)(3). Accordingly, we have 

incorporated this clarification in the 

final rule in both paragraphs (d)(10)(v) 

and (i)(3). 

Interim Rule § 285.5(d)(11) Debts at 

FMS, a Debt Collection Center, or the 

Department of Justice 

One commenter suggested that 

paragraph (d)(11) be changed to clarify 

that creditor agencies may opt to send 

debts to TOP directly, even if those 

debts are already at FMS or a designated 

debt collection center for crossservicing. FMS has not made any 

changes to the rule in response to this 

comment. The rule states that FMS or a 

designated debt collection center may 

3144 Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Rules and Regulations 

fulfill the agency’s requirement to refer 

debts to TOP. While direct referral to 

TOP is not the preferred practice, the 

rule, as written, does not prohibit 

creditor agencies from sending debts 

directly to TOP. If the creditor agency 

wishes to fulfill its obligation by 

sending debts directly, such intention 

should be stated clearly in any 

agreement between the creditor agency 

and the entity performing its crossservicing. 

Interim Rule § 285.5(e)(2) Payments 

Excluded From Offset Under This 

Section 

One commenter suggested that claims 

on certain types of benefits should be 

exempted payments under the rule. The 

comment focused on whether the State 

or an individual is actually liable for the 

debt being collected from such 

payments. Paragraph (e)(2) addresses 

which classes of payments are excluded 

from offset. It does not address who is 

liable for the debt. The determination as 

to who is liable for a debt is made solely 

by the creditor agency based upon the 

laws and regulations applicable to the 

program under which the debt arose. 

Such determination is beyond the scope 

of this rule. Therefore, no change has 

been made to this provision in the rule. 

Interim Rule § 285.5(e)(7) Payment 

Agency Requests for Exemptions From 

Centralized Offset Pursuant to 31 U.S.C. 

3716(c)(3)(B) 

One commenter suggested that the 

rule require FMS to consult with 

creditor agencies prior to granting a 

debtor-specific payment exemption. 

Such consultation is not necessary, 

because only classes of payments may 

be exempted from centralized offset, not 

classes of debts or debtors. 

Interim Rule § 285.5(g) Notices

One commenter suggested that 

disbursing officials and creditor 

agencies send notices electronically. As 

of this writing, FMS is exploring the 

legal and operational issues of sending 

its notices electronically. Creditor 

agencies may also explore this 

possibility. At this time, FMS is not 

contemplating a rule that would 

mandate that any notices be sent 

electronically. 

The commenter also suggested that 

the rule specify that disbursing officials 

send notices to the address of the payee 

(rather than the debtor). The rule 

currently does not specify an address. 

When a payment voucher contains the 

address of the payee, FMS uses that 

address. In the case of payments made 

by electronic funds transfer, the 

payment agency does not supply an 

address to FMS on the payment 

voucher. Therefore, the only address 

available to TOP is the debtor address 

supplied by the creditor agency. No 

change has been made to this final rule 

in response to the comment. 

The commenter also suggested that 

the warning notice described in (g)(1) be 

sent for all types of payments where 

more than one payment to a payee is 

contemplated, not just recurring 

payments. Warning notices are a 

courtesy that disbursing officials can 

provide, because the debt will 

eventually be collected in full from 

recurring payments. When a warning 

notice is sent, the disbursing official 

loses the opportunity to offset a 

payment for one payment cycle. 

Disbursing officials do not have any way 

of knowing what other types of 

payments may be made on a recurring 

basis. If a payment is not expected to be 

made on a recurring basis, there is no 

reasonable certainty that the debt will 

be collected in full. Therefore, in 

situations of non-recurring payments, 

TOP cannot forego collection during a 

payment cycle before collecting a debt 

while granting the debtor an additional 

warning. The rule will not be changed 

to provide for warning notices on 

additional payments. 

While reviewing comments received 

on the requirements for warning notices, 

FMS determined that the rule should be 

clarified to reflect that failure to send 

out a warning notice does not affect the 

validity of an offset. Disbursing officials 

send warning notices as a courtesy only. 

They are not part of any required due 

process. FMS has added language at the 

end of (g)(1) to provide such 

clarification. 

One commenter suggested that the 

offset notice include the amount of debt 

collection fees and penalties assessed by 

the federal creditor agency. Disbursing 

officials do not have this information. 

Creditor agencies have differing rules 

and policies about recouping fees and 

costs from the debtor. Additionally, 

disbursing officials have no knowledge 

of penalties that a creditor agency may 

assess. Therefore, it would be 

operationally impractical to include 

such information on a notice. Further, 

the debtor can always obtain this 

information from the creditor agency. 

The due process letter that the creditor 

agency sends the debtor (as described in 

(d)(5)) contains information about the 

interest, costs and fees that may be 

charged to the debtor. The debtor may 

also contact the creditor agency to 

determine what fees and penalties have 

been added to the debt balance. 

Interim Rule § 285.5(j) Fees 

One commenter stated that collection 

of fees to recoup costs would be a 

burden on State debtors and suggested 

that there should be a cap on fees paid 

by States. Disbursing officials are 

authorized by 31 U.S.C. 3716 to cover 

the costs of delinquent debt collection 

through the imposition of fees. 

Disbursing officials charge these fees to 

the creditor agencies, and the amount of 

fees are capped at the cost of collection. 

The creditor agencies decide, based 

upon applicable laws and policies, 

whether to charge the cost of such fees 

to debtors. Based on this, FMS has 

decided not to impose a cap on fees 

paid by States. As stated above, FMS 

will, however, work with States to assist 

with communications issues that delay 

resolution of delinquent debts and 

which may result in additional fees. 

Regulatory Analysis 

This final rule is not a significant 

regulatory action as defined in 

Executive Order 12866. Because no 

notice of proposed rulemaking was 

required for this rule, the provisions of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.) do not apply. 

Special Analysis

FMS has determined that good cause 

exists to make this final rule effective 

upon publication without providing the 

30-day period between publication and 

the effective date contemplated by 5 

U.S.C. 553(d). The purpose of a delayed 

effective date is to afford persons 

affected by a rule a reasonable time to 

prepare for compliance. However, in 

this case, Treasury has been collecting 

delinquent nontax debt pursuant to the 

Debt Collection Improvement Act of 

1996 since its passage. Moreover, this 

final rule makes only minor 

clarifications to the currently effective 

interim final rule and provides guidance 

that is expected to facilitate Federal 

agencies’ participation in the 

centralized offset program.

List of Subjects in 31 CFR Part 285

Administrative practice and 

procedure, Black lung benefits, Child 

support, Claims, Credit, Debts, 

Disability benefits, Federal employees, 

Garnishment of wages, Hearing and 

appeal procedures, Loan programs, 

Privacy, Railroad retirement, Railroad 

unemployment insurance, Salaries, 

Social Security benefits, Supplemental 

Security Income (SSI), Taxes, Veteran’s 

benefits, Wages.

Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Rules and Regulations 3145

Authority and Issuance

■ For the reasons set forth in the 

preamble, 31 CFR part 285 is amended 

as follows:

PART 285—DEBT COLLECTION 

AUTHORITIES UNDER THE DEBT 

COLLECTION IMPROVEMENT ACT OF 

1996

■ 1. The authority citation for part 285 is 

revised to read as follows:

Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; 

31 U.S.C. 321, 3701, 3711, 3716, 3719, 

3720A, 3720D; E.O. 13019, 61 FR 51763, 3 

CFR, 1996 Comp., p. 216.

■ 2. Section 285.5 is amended to revise 

the section heading, and paragraphs 

(d)(5)(iv),(d)(10)(v), (f)(3), (g)(1), 

(g)(3)(iii), and (i)(3) to read as follows:

§ 285.5 Centralized offset of Federal 

payments to collect nontax debts owed to 

the United States.

* * * * *

(d) * * *

(5) * * *

(iv) The address and telephone 

number of the contact point within the 

creditor agency who will handle 

questions, concerns or communications 

regarding the debt;

* * * * *

(10) * * *

(v) The creditor agency shall notify 

FMS if it has returned any monies to the 

debtor/payee.

* * * * *

(f) * * *

(3) Priorities for collecting multiple 

debts owed by the payee. (i) A levy 

pursuant to the Internal Revenue Code 

of 1986 shall take precedence over 

deductions under this section. 

(ii) When a payment may be offset to 

collect more than one debt, amounts 

offset will be applied: 

(A) First, to satisfy any past due 

support debts assigned to a State 

pursuant to sections 402(a)(26) and 

471(a)(17) of the Social Security Act (see

26 U.S.C. 6402(c) and §§ 285.1 and 

285.3 of this part); 

(B) Second, to satisfy any debts owed 

to Federal agencies, as described in this 

§ 285.5; 

(C) Third, to satisfy any qualifying 

past-due support claims not assigned to 

a State (see 26 U.S.C. 6402(c) and 

§§ 285.1 and 285.3 of this part); and 

(D) Fourth, to any debts owed to 

States for debts other than past-due 

support (see § 285.8 of this part).

* * * * *

(g) Notices—(1) Warning notice by 

disbursing official to payee/debtor.

Before offsetting a recurring payment, 

the disbursing official, or FMS on behalf 

of the disbursing official, will notify the 

payee in writing when offsets will begin 

(which may be stated as a number of 

days or number of payments from the 

time of the notice) and the anticipated 

amount of such offset (which may be 

stated as a percentage of the payment). 

Such notice shall also provide the 

information contained in paragraph 

(g)(3) of this section. Failure to send 

such notice does not affect the validity 

of the offset.

* * * * *

(3) * * *

(iii) The address and telephone 

number of the contact point within the 

creditor agency who will handle 

concerns regarding the offset.

* * * * *

(i) * * *

(3) Generally, the disbursing official is 

not responsible for refunding money to 

debtors. The creditor agency shall notify 

FMS any time the creditor agency 

returns all or any part of an offset 

payment to an affected payee. See

paragraph (d)(10)(v) of this section. FMS 

and the creditor agency shall adjust the 

debtor records appropriately.

* * * * *

Richard L. Gregg, 

Commissioner.

[FR Doc. 05–1051 Filed 1–19–05; 8:45 am] 

BILLING CODE 4810–35–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165

[CGD09–04–140] 

RIN 1625–AA00

Safety Zones; Captain of the Port 

Buffalo Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is 

establishing permanent safety zones on 

a portion of Lake Ontario. These safety 

zones are necessary to ensure the safety 

of spectators and vessels from the 

hazards associated with fireworks 

displays. These safety zones restrict 

vessel traffic from portions of Lake 

Ontario, New York, during annual 

fireworks displays.

DATES: This rule is effective February 

22, 2005.

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket CGD9–02–009 and are available 

for inspection or copying at U.S. Coast 

Guard Marine Safety Office Buffalo, 1 

Fuhrmann Blvd., Buffalo, NY 14203 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT 

Craig A. Wyatt, U.S. Coast Guard MSO 

Buffalo, (716) 843–9570.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On May 10, 2002, the Coast Guard 

published an NPRM in the Federal 

Register proposing 14 safety zones for 

annual firework displays in the Captain 

of the Port Buffalo zone (67 FR 31747). 

We received no comments on the 

proposal. No public hearing was 

requested, and none held. 

Background and Purpose 

On May 10, 2002, the Coast Guard 

published an NPRM in the Federal 

Register proposing 14 safety zones for 

annual firework displays in the Captain 

of the Port Buffalo zone (67 FR 31747). 

We proposed these safety zones to 

control vessel traffic within the 

immediate location of the fireworks 

launching area during annual fireworks 

displays. The Coast Guard received no 

comments in response to this NPRM. 

On May 3, 2004, the Coast Guard 

published a supplement to the proposed 

regulation (69 FR 24112–1), which 

removed twelve events that were 

proposed in the NPRM, added four new 

events (Ontario Memorial Day 

Fireworks, Ontario, NY; Olcott 

Fireworks, Olcott, NY; Harbor Sound 

and Light Festival, Sackets Harbor, NY; 

Village of Sackets Harbor July 4 Display, 

Sackets Harbor, NY), and revised the 

location and time of two events (Oswego 

Independence Day Fireworks, and 

Oswego Harborfest Fireworks Display). 

This final rule establishes 6 permanent 

safety zones that will be enforced for 

marine events occurring annually at the 

same location. 

Based on recent accidents that have 

occurred in other Captain of the Port 

zones, and the explosive hazard 

associated with these events, the 

Captain of the Port has determined that 

fireworks launched in close proximity 

to watercraft pose a significant risk to 

public safety and property. The likely 

combination of large numbers of 

inexperienced recreational boaters, 

congested waterways, darkness 

punctuated by bright flashes of light, 

alcohol use, and debris falling into the 

water could easily result in serious 

injuries or fatalities. Establishing a 

safety zone to control vessel movement