9436 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 

Civil Justice Reform 

This 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. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

will not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it will 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of 

Information and Regulatory Affairs has 

not designated this as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e) of the 

Instruction, from further environmental 

documentation. Under figure 2–1, 

paragraph (32)(e), of the Instruction, an 

‘‘Environmental Analysis Checklist’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

■ 2. Amend § 117.899 by revising 

paragraphs (a), (b) and (c) to read as 

follows: 

§ 117.899 Youngs Bay and Lewis and 

Clark River. 

(a) The draw of the US101 (New 

Youngs Bay) highway bridge, mile 0.7, 

across Youngs Bay at Smith Point, shall 

open on signal for the passage of vessels 

if at least one half-hour notice is given 

to the drawtender at the Lewis and 

Clark River Bridge by marine radio, 

telephone, or other suitable means from 

7 a.m. to 5 p.m. Monday through Friday 

and from 8 a.m. to 4 p.m. on Saturday 

and Sunday. At all other times, 

including all Federal holidays but 

Columbus Day, at least a two-hour 

notice by telephone is required. The 

opening signal shall be two prolonged 

blasts followed by one short blast. 

(b) The draw of the Oregon State (Old 

Youngs Bay) highway bridge, mile 2.4, 

across Youngs Bay foot of Fifth Street, 

shall open on signal for the passage of 

vessels if at least one half-hour notice is 

given to the drawtender at the Lewis 

and Clark River Bridge by marine radio, 

telephone, or other suitable means from 

7 a.m. to 5 p.m. Monday through Friday 

and from 8 a.m. to 4 p.m. Saturday and 

Sunday. At all other times, including all 

Federal holidays but Columbus Day, at 

least a two-hour notice by telephone is 

required. The opening signal is two 

prolonged blasts followed by one short 

blast. 

(c) The draw of the Oregon State 

(Lewis and Clark River) highway bridge, 

mile 1.0, across the Lewis and Clark 

River, shall open on signal for the 

passage of vessels if at least one halfhour notice is given by marine radio, 

telephone, or other suitable means from 

7 a.m. to 5 p.m. Monday through Friday 

and from 8 a.m. to 4 p.m. on Saturday 

and Sunday. At all other times, 

including all Federal holidays but 

Columbus Day, at least a two-hour 

notice by telephone is required. The 

opening signal is one prolonged blast 

followed by four short blasts. 

Dated: February 23, 2007. 

R.R. Houck, 

Rear Admiral, U.S. Coast Guard, District 

Commander, Thirteenth Coast Guard District. 

[FR Doc. E7–3679 Filed 3–1–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–06–091] 

RIN 1625–AA00 

Safety Zones; Fireworks Displays 

Within the Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing 49 permanent safety zones 

for fireworks displays at various 

locations within the geographic 

boundary of the Fifth Coast Guard 

District. This action is necessary to 

protect the life and property of the 

maritime public from the hazards posed 

by fireworks displays. Entry into or 

movement within these zones during 

the enforcement periods is prohibited 

without approval of the appropriate 

Captain of the Port. 

DATES: This rule is effective April 2, 

2007. 

ADDRESSES: Comments and material 

received from the public, as well as 


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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 9437 

documents indicated in this preamble as 

being available in the docket, are part of 

docket CGD05–06–091 and are available 

for inspection or copying at Commander 

(dpi), Fifth Coast Guard District, Room 

415, 431 Crawford Street, Portsmouth, 

Virginia 23704–5004, between 9 a.m. 

and 2 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, 

Inspections and Investigations Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On November 3, 2006, we published 

a Notice of proposed rulemaking 

(NPRM) entitled Safety Zones; 

Fireworks Displays Within the Fifth 

Coast Guard District in the Federal 

Register (71 FR 64662). We received no 

letters commenting on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

The Coast Guard is amending 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. Currently there are 34 

permanent safety zones established that 

are enforced for fireworks displays 

occurring throughout the year that are 

held on an annual basis and normally in 

one of these 34 locations. The 34 

established permanent safety zone 

locations are: Patuxent River, Solomons 

Island, MD; Middle River, MD; 

Northeast River, MD; Potomac River, 

Charles County, MD; Baltimore Inner 

Harbor, Patapsco River, MD; Northwest 

Harbor (Western Section), Patapsco 

River, MD; Northwest Harbor (East 

Channel), Patapsco River, MD; 

Washington Channel, Upper Potomac 

River, Washington, DC; Dukeharts 

Channel, Potomac River, MD; Severn 

River and Spa Creek, Annapolis, MD; 

Miles River, St. Michaels, MD; 

Chesapeake Bay, Chesapeake Beach, 

MD; Choptank River, Cambridge, MD; 

Chester River, Kent Island Narrows, MD; 

Atlantic Ocean, Ocean City, MD; Isle of 

Wight Bay, Ocean City, MD; 

Assawoman Bay, Fenwick Island, MD; 

Atlantic Ocean, Rehoboth Beach, DE; 

Indian River Bay, DE; Little Egg Harbor, 

Parker Island, NJ; Barnegat Bay, Ocean 

Township, NJ; Delaware Bay, North 

Cape May, NJ; Delaware River, 

Philadelphia, PA; Morehead City Harbor 

Channel, Morehead City, NC; Green 

Creek and Smith Creek, Oriental, NC; 

Pamlico River, Washington, NC; Neuse 

River, New Bern, NC; Cape Fear River, 

Southport, NC; Cape Fear River, 

Wilmington, NC; Upper Potomac River, 

Alexandria, VA; Potomac River, Prince 

William County, VA; Chincoteague 

Channel, Chincoteague, VA; Atlantic 

Ocean, Virginia Beach, VA; and 

Elizabeth River, Southern Branch, 

Norfolk, VA. 

The Coast Guard is amending the list 

of permanent safety zones at 33 CFR 

165.506, established for fireworks 

displays, by adding 15 new locations 

and modifying 3 previously established 

locations within the geographic 

boundary of the Fifth Coast Guard 

District. This rule will increase the total 

number of permanent safety zones to 49 

locations for fireworks displays within 

the boundary of the Fifth Coast Guard 

District. 

The 15 new safety zone locations to 

be added by this rule are: Patapsco River 

(Middle Branch), Baltimore, MD; 

Susquehanna River, Havre de Grace, 

MD; Tred Avon River, Oxford, MD; 

Delaware River, Essington, PA; 

Chesapeake Bay, Norfolk, VA; Broad 

Bay, Virginia Beach, VA; Chickahominy 

River, Williamsburg, VA; York River, 

Yorktown, VA; James River, Newport 

News, VA; Chesapeake Bay, Virginia 

Beach, VA; York River, West Point, VA; 

Big Foot Slough, Ocracoke, NC; 

Pasquotank River, Elizabeth City, NC; 

Currituck Sound, Corolla, NC; and 

Middle Sound, Figure Eight Island, NC. 

The previously established safety 

zone locations modified by this rule are: 

Potomac River, Charles County, MD; 

Dukeharts Channel, Potomac River, MD, 

and Chester River, Kent Island Narrows, 

MD. 

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 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 persons 

within the safety zone if conditions 

permit. 

The Coast Guard will publish notices 

in the Federal Register if an event 

sponsor reported a change to the listed 

event venue. Coast Guard Captains of 

the Port would give notice of the 

enforcement of each safety zone by all 

appropriate means to provide the widest 

publicity 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 is scheduled to 

begin, to notify the public. Fireworks 

barges or launch sites on land used in 

the locations stated in this rulemaking 

would also have a sign on the port and 

starboard side of the barge or mounted 

on a post 3 foot above ground level 

when on land and facing the water 

labeled ‘‘FIREWORKS—DANGER—

STAY AWAY’’. This would provide on 

scene notice that the safety zone is or 

will be enforced on that day. This notice 

will consist of a diamond-shaped sign 4 

foot by 4 foot with a 3-inch orange 

retroreflective 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 

safety zones is from 5:30 p.m. (e.s.t.) to 

1 a.m. (e.s.t.). 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 intended to provide for 

the safety of life on navigable waters 

during the events. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the Notice of 

proposed rulemaking (NPRM) published 

in the Federal Register. Accordingly, 

the Coast Guard is establishing 49 

permanent safety zones for fireworks 

displays at various locations within the 

geographic boundary of the Fifth Coast 

Guard District. 

Regulatory Evaluation 

This is not a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866, Regulatory Planning and 

Review, and does not require an 

assessment of potential costs and 

benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 


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9438 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 

This finding is based on the short 

amount of time that vessels would be 

restricted from the zones, and the small 

zone sizes positioned in low vessel 

traffic areas. Vessels would not be 

precluded from getting underway, or 

mooring at any piers or marinas 

currently located in the vicinity of the 

proposed safety zones. Advance 

notifications would also be made to the 

local maritime community by issuing 

Local Notice to Mariners. Marine 

information and facsimile broadcasts 

may also be made to notify the public. 

Additionally, the Coast Guard 

anticipates that these safety zones will 

only be enforced 2 to 3 times per year. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule would not 

have a significant economic impact on 

a substantial number of small entities. 

This rule will effect the following 

entities some of which may be small 

entities: The owners and operators of 

vessels intending to transit or anchor in 

the safety zones during the times these 

zones are enforced. 

These safety zones will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: The enforcement 

period will be short in duration and in 

many of the zones vessels can transit 

safely around the safety zones. 

Generally, blanket permission to enter, 

remain in, or transit through these safety 

zones 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. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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). 

Collection of Information 

This rule would call for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 or more in any one year. 

Though this rule would not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This 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. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This 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. 

Indian Tribal Governments 

This 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 9439 

excluded, under figure 2–1, paragraph 

(34)(g) and (35)(b) of the Instruction, 

from further environmental 

documentation. This rule fits the 

category selected from paragraph (34)(g), 

as it would establish 49 safety zones. 

A ‘‘Environmental Analysis Check 

List’’ and ‘‘Categorical Exclusion 

Determination’’ are available in the 

docket where indicated under 

ADDRESSES. 

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 

■ 1. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Revise § 165.506 to read as follows: 

§ 165.506 Safety Zones; Fifth Coast Guard 

District Fireworks Displays. 

(a) Locations. (1) Patuxent River, 

Solomons Island, MD, Safety Zone. All 

waters of Patuxent River within a 300 

yard radius of the fireworks barge in an 

area bound by the following points: 

38°19′42′′ N, 076°28′02′′ W; thence to 

38°19′26′′ N, 076°28′18′′ W; thence to 

38°18′48′′ N, 076°27′42′′ W; thence to 

38°19′06′′ N, 076°27′25′′ W; (Datum 

NAD 1983), thence to the point of 

origin, located near Solomons Island, 

MD. 

(2) Middle River, Baltimore County, 

MD, Safety Zone. All waters of the 

Middle River within a 300 yard radius 

of the fireworks barge in approximate 

position 39°17′45′′ N, 076°23′49′′ W 

(Datum NAD 1983), approximately 300 

yards east of Rockaway Beach, near 

Turkey Point. 

(3) Northeast River, North East, MD, 

Safety Zone. All waters of the Northeast 

River within a 300 yard radius of the 

fireworks barge in approximate position 

39°35′26′′ N, 075°57′00′′ W (Datum NAD 

1983), approximately 400 yards south of 

North East Community Park. 

(4) Upper Potomac River, Alexandria, 

VA, Safety Zone. All waters of the 

Upper Potomac River within a 300 yard 

radius of the fireworks barge in 

approximate position 38°48′37′′ N, 

077°02′02′′ W (Datum NAD 1983), 

located near the waterfront of 

Alexandria, Virginia. 

(5) Potomac River, Prince William 

County, VA, Safety Zone. All waters of 

the Potomac River within a 200 yard 

radius of the fireworks barge in 

approximate position 38°34′08′′ N, 

077°15′34′′ W (Datum NAD 1983), 

located near Cherry Hill, Virginia. 

(6) Potomac River, Charles County, 

MD, Safety Zone. All waters of the 

Potomac River within a 300 yard radius 

of the fireworks barge in approximate 

position 38°20′36′′ N, 077°14′09′′ W 

(Datum NAD 1983), approximately 1400 

yards north of the shoreline at Fairview 

Beach, Virginia. 

(7) Baltimore Inner Harbor, Patapsco 

River, MD, Safety Zone. All waters of 

the Patapsco River within a 150 yard 

radius of the fireworks barge in 

approximate position 39°16′55′′ N, 

076°36′17′′ W (Datum NAD 1983), 

located at the entrance to Baltimore 

Inner Harbor, approximately 150 yards 

southwest of pier 6. 

(8) Northwest Harbor (Western 

Section) Patapsco River, MD, Safety 

Zone. All waters of the Patapsco River 

within a 250 yard radius of the 

fireworks barge in approximate position 

39°16′37′′ N, 076°35′54′′ W (Datum NAD 

1983), located near the western end of 

Northwest Harbor. 

(9) Northwest Harbor (East Channel), 

Patapsco River, MD, Safety Zone. All 

waters of the Patapsco River within a 

300 yard radius of the fireworks barge 

in approximate position 39°15′55′′ N, 

076°34′35′′ W (Datum NAD 1983), 

located adjacent to the East Channel of 

Northwest Harbor. 

(10) Patapsco River (Middle Branch), 

Baltimore, MD, Safety Zone. All waters 

of the Patapsco River, Middle Branch, 

within an area bound by a line drawn 

from the following points: 39°15′22′′ N, 

076°36′36′′ W; thence to 39°15′10′′ N, 

076°36′00′′ W; thence to 39°15′40′′ N, 

076°35′23′′ W; thence to 39°15′49′′ N, 

076°35′47′′ W; thence to the point of 

origin, (Datum NAD 1983), located 

approximately 600 yards east of 

Hanover Street (SR–2) Bridge. 

(11) Washington Channel, Upper 

Potomac River, Washington, DC, Safety 

Zone. All waters of the Upper Potomac 

River within a 150 yard radius of the 

fireworks barge in approximate position 

38°52′09′′ N, 077°01′13′′ W (Datum NAD 

1983), located within the Washington 

Channel in Washington Harbor, DC. 

(12) Dukeharts Channel, Potomac 

River, MD, Safety Zone. All waters of 

the Potomac River within a 300 yard 

radius of the fireworks barge in 

approximate position 38°13′48′′ N, 

076°44′37′′ W (Datum NAD 1983), 

located adjacent to Dukeharts Channel 

near Coltons Point, Maryland. 

(13) Severn River and Spa Creek, 

Annapolis, MD, Safety Zone. All waters 

of the Severn River and Spa Creek 

within an area bounded by a line drawn 

from 38°58′39.6′′ N, 076°28′49′′ W; 

thence to 38°58′41′′ N, 076°28′14′′ W; 

thence to 38°59′01′′ N, 076°28′37′′ W; 

thence to 38°58′57′′ N, 076°28′40′′ W 

(Datum NAD 1983), located near the 

entrance to Spa Creek in Annapolis, 

Maryland. 

(14) Miles River, St. Michaels, MD, 

Safety Zone. All waters of the Miles 

River within a 200 yard radius of the 

fireworks barge in approximate position 

38°47′42′′ N, 076°12′23′′ W (Datum NAD 

1983), located near the waterfront of St. 

Michaels, Maryland. 

(15) Susquehanna River, Havre de 

Grace, MD, Safety Zone. All waters of 

the Susquehanna River within a 150 

yard radius of the fireworks barge in 

approximate position 39°32′42′′ N, 

076°04′30′′ W (Datum NAD 1983), 

approximately 800 yards east of the 

waterfront at Havre de Grace, MD. 

(16) Chesapeake Bay, Chesapeake 

Beach, MD, Safety Zone. All waters of 

the Chesapeake Bay within a 150 yard 

radius of the fireworks barge in 

approximate position 38°41′33′′ N, 

076°31′48′′ W (Datum NAD 1983), 

located near Chesapeake Beach, 

Maryland. 

(17) Tred Avon River, Oxford, MD, 

Safety Zone. All waters of the Tred 

Avon River within a 150 yard radius of 

the fireworks barge in approximate 

position 38°41′48′′ N, 076°10′38′′ W 

(Datum NAD 1983), approximately 500 

yards northwest of the waterfront at 

Oxford, MD. 

(18) Choptank River, Cambridge, MD, 

Safety Zone. All waters of the Choptank 

River within a 300 yard radius of the 

fireworks launch site at Great Marsh 

Point, located at 38°35′06′′ N, 076°04′46′′ 

W (Datum NAD 1983). 

(19) Chester River, Kent Island 

Narrows, MD, Safety Zone. All waters of 

the Chester River, within an area bound 

by a line drawn from the following 

points: 38°58′50′′ N, 076°15′00′′ W; 

thence north to 38°59′00′′ N, 076°15′00′′ 

W; thence east to 38°59′00′′ N, 

076°14′46′′ W; thence southeast to 

38°58′50′′ N, 076°14′28′′ W; thence 

southwest to 38°58′37′′ N, 076°14′36′′ W, 

thence northwest to 38°58′42′′ N, 

076°14′55′′ W, thence to the point of 

origin, (Datum NAD 1983), located 

approximately 900 yards north of Kent 

Island Narrows (US–50/301) Bridge. 

(20) Atlantic Ocean, Ocean City, MD, 

Safety Zone. All waters of the Atlantic 

Ocean in an area bound by the following 

points: 38°19′39.9′′ N, 075°05′03.2′′ W; 


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9440 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 

thence to 38°19′36.7′′ N, 075°04′53.5′′ W; 

thence to 38°19′45.6′′ N, 075°04′49.3′′ W; 

thence to 38°19′49.1′′ N, 075°05′00.5′′ W; 

(Datum NAD 1983), thence to point of 

origin. The size of the proposed zone 

extends approximately 300 yards 

offshore from the fireworks launch area 

located at the High Water mark on the 

beach. 

(21) Isle of Wight Bay, Ocean City, 

MD, Safety Zone. All waters of Isle of 

Wight Bay within a 350 yard radius of 

the fireworks barge in approximate 

position 38°22′32′′ N, 075°04′30′′ W 

(Datum NAD 1983). 

(22) Assawoman Bay, Fenwick 

Island—Ocean City, MD, Safety Zone. 

All 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 

38°25′57.6′′ N, 075°03′55.8′′ W (Datum 

NAD 1983). 

(23) Atlantic Ocean, Rehoboth Beach, 

DE, Safety Zone. All waters of the 

Atlantic Ocean within a 360 yard radius 

of the fireworks barge in approximate 

position 38°43′01.2′′ N, 075°04′21′′ W 

(Datum NAD 1983), approximately 400 

yards east of Rehoboth Beach, DE. 

(24) Indian River Bay, DE, Safety 

Zone. All waters of the Indian River Bay 

within a 360 yard radius of the 

fireworks launch location on the pier in 

approximate position 38°36′42′′ N, 

075°08′18′′ W (Datum NAD 1983), about 

700 yards east of Pots Net Point, DE. 

(25) Little Egg Harbor, Parker Island, 

NJ, Safety Zone. All waters of Little Egg 

Harbor within a 500 yard radius of the 

fireworks barge in approximate position 

39°34′18′′ N, 074°14′43′′ W (Datum NAD 

1983), approximately 100 yards north of 

Parkers Island. 

(26) Barnegat Bay, Ocean Township, 

NJ, Safety Zone. All waters of Barnegat 

Bay within a 500 yard radius of the 

fireworks barge in approximate position 

39°47′33′′ N, 074°10′46′′ W (Datum NAD 

1983). 

(27) Delaware Bay, North Cape May, 

NJ, Safety Zone. All waters of the 

Delaware Bay within a 500 yard radius 

of the fireworks barge in approximate 

position 38°58′00′′ N, 074°58′30′′ W 

(Datum NAD 1983). 

(28) Delaware River, Essington, PA, 

Safety Zone. All waters of the Delaware 

River within a 300 yard radius of the 

fireworks barge in approximate position 

39°51′18′′ N, 075°18′57′′ W (Datum NAD 

1983), due west of Little Tinicum 

Island. 

(29) Delaware River, Philadelphia, 

PA, Safety Zone. All 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 

39°56′31.2′′ N, 075°08′28.1′′ W; thence to 

39°56′29.1′′ N, 075°07′56.5′′ W, and 

bounded on the north by the Benjamin 

Franklin Bridge (Datum NAD 1983). 

(30) Chesapeake Bay, Norfolk, VA, 

Safety Zone. All waters of the 

Chesapeake Bay within a 400 yard 

radius of the fireworks display located 

in position 36°57′21′′ N, 076°15′00′′ W; 

(Datum NAD 1983), located near Ocean 

View Fishing Pier. 

(31) Broad Bay, Virginia Beach, VA, 

Safety Zone. All waters of the Broad Bay 

within a 400 yard radius of the 

fireworks display in approximate 

position 36°52′08′′ N, 076°00′46′′ W 

(Datum NAD 1983), located on the 

shoreline near the Cavalier Golf and 

Yacht Club, Virginia Beach, Virginia. 

(32) Chickahominy River, 

Williamsburg, VA, Safety Zone. All 

waters of the Chickahominy River 

within a 400 yard radius of the 

fireworks display in approximate 

position 37°14′50′′ N, 076°52′17′′ W 

(Datum NAD 1983), near Barrets Point, 

Virginia. 

(33) York River, Yorktown, VA, Safety 

Zone. All waters of the York River 

within a 400 yard radius of the 

fireworks display in approximate 

position 37°14′14′′ N, 076°30′02′′ W 

(Datum NAD 1983), located near 

Yorktown, Virginia. 

(34) James River, Newport News, VA, 

Safety Zone. All waters of the James 

River within a 325 yard radius of the 

fireworks barge in approximate position 

36°58′30′′ N, 076°26′19′′ W (Datum NAD 

1983), located in the vicinity of the 

Newport News Shipyard, Newport 

News, Virginia. 

(35) Chesapeake Bay, Virginia Beach, 

VA, Safety Zone. All waters of the 

Chesapeake Bay 400 yard radius of the 

fireworks display in approximate 

position 36°55′02′′ N, 076°03′27′′ W 

(Datum NAD 1983), located at the First 

Landing State Park at Virginia Beach, 

Virginia. 

(36) York River, West Point, VA, 

Safety Zone. All waters of the York 

River near West Point, VA within a 400 

yard radius of the fireworks display 

located in approximate position 37–31′–

25′′ N/076–47′–19′′ W (Datum NAD 

1983). 

(37) Chincoteague Channel, 

Chincoteague, VA, Safety Zone. All 

waters of the Chincoteague Channel 

within a 360 yard radius of the 

fireworks launch location at the 

Chincoteague carnival waterfront in 

approximate position 37°55′40.3′′ N, 

075°23′10.7′′ W (Datum NAD 1983), 

approximately 900 yards southwest of 

Chincoteague Swing Bridge. 

(38) Atlantic Ocean, Virginia Beach, 

VA, Safety Zone. All waters of the 

Atlantic Ocean enclosed within a 360 

yard radius of the center located on the 

beach at approximate position 

36°51′34.8′′ N, 075°58′30′′ W (Datum 

NAD 1983). 

(39) Elizabeth River, Southern Branch, 

Norfolk, VA, Safety Zone. All waters of 

the Elizabeth River Southern Branch in 

an area bound by the following points: 

36°50′54.8′′; N, 076°18′10.7′′ W; thence 

to 36°51′7.9′′ N, 076°18′01′′ W; thence to 

36°50′45.6′′ N, 076°17′44.2′′ W; thence to 

36°50′29.6′′ N, 076°17′23.2′′ W; thence to 

36°50′7.7′′ N, 076°17′32.3′′ W; thence to 

36°49′58′′ N, 076°17′28.6′′ W; thence to 

36°49′52.6′′ N, 076°17′43.8′′ W; thence to 

36°50′27.2′′ N, 076°17′45.3′′ W thence to 

the point of origin (Datum NAD 1983). 

(40) Morehead City Harbor Channel, 

NC, Safety Zone. All waters of the 

Morehead City Harbor Channel that fall 

within a 360 yard radius of latitude 

34°43′01′′ N, 076°42′59.6′′ W, a position 

located at the west end of Sugar Loaf 

Island, NC. 

(41) Cape Fear River, Wilmington, NC, 

Safety Zone. All waters of the Cape Fear 

River within an area bound by a line 

drawn from the following points: 

34°14′12′′ N, 077°57′07.2′′ W; thence to 

34°14′12′′ N, 077°57′06′′ W; thence to 

34°13′54′′ N, 077°57′00′′ W; thence to 

34°13′54′′ N, 077°57′06′′ W; thence to 

the point of origin (Datum NAD 1983), 

located 500 yards north of Cape Fear 

Memorial Bridge. 

(42) Cape Fear River, Southport, NC, 

Safety Zone. All waters of the Cape Fear 

River within a 600 yard radius of the 

fireworks barge in approximate position 

33°54′40′′ N, 078°01′18′′ W (Datum NAD 

1983), approximately 700 yards south of 

the waterfront at Southport, NC. 

(43) Big Foot Slough, Ocracoke, NC, 

Safety Zone. All waters of Big Foot 

Slough within a 300 yard radius of the 

fireworks launch site in approximate 

position 35°06′54′′ N, 075°59′24′′ W 

(Datum NAD 1983), approximately 100 

yards west of the Silver Lake Entrance 

Channel at Orcacoke, NC. 

(44) Green Creek and Smith Creek, 

Oriental, NC, Safety Zone. All waters of 

Green Creek and Smith Creek that fall 

within a 300 yard radius of the 

fireworks launch site at 35°01′29.6′′ N, 

076°42′10.4′′ W (Datum NAD 1983), 

located near the entrance to the Neuse 

River in the vicinity of Oriental, NC. 

(45) Pasquotank River, Elizabeth City, 

NC, Safety Zone. All waters of the 

Pasquotank River within a 300 yard 

radius of the fireworks launch site in 

approximate position 36°18′00′′ N, 

076°13′00′′ W (Datum NAD 1983), 

approximately 200 yards south of the 


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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 9441 

east end of the Elizabeth City Bascule 

Bridges. 

(46) Currituck Sound, Corolla, NC, 

Safety Zone. All waters of the Croatan 

Sound within a 300 yard radius of the 

fireworks barge in approximate position 

36°22′48′′ N, 075°51′15′′ W (Datum NAD 

1983). 

(47) Middle Sound, Figure Eight 

Island, NC, Safety Zone. All waters of 

the Figure Eight Island Causeway 

Channel from latitude 34°16′32′′ N, 

077°45′32′′ W, thence east along the 

marsh to a position located at 34°16′19′′ 

N, 077°44′55′′ W, thence south to the 

causeway at position 34°16′16′′ N, 

077°44′58′′ W, thence west along the 

shoreline to position 34°16′29′′ N, 

077°45′34′′ W, (Datum NAD 1983), 

thence back to the point of origin. 

(48) Pamlico River, Washington, NC, 

Safety Zone. All waters of the Pamlico 

River that fall within a 300 yard radius 

of the fireworks launch site at 35°32′19′′ 

N, 077°03′20.5′′ W (Datum NAD 1983), 

located 500 yards north of Washington 

railroad trestle bridge. 

(49) Neuse River, New Bern, NC, 

Safety Zone. All waters of the Neuse 

River within a 360 yard radius of the 

fireworks barge in approximate position 

35°06′07.1′′ N, 077°01′35.8′′ W (Datum 

NAD 1983); located 420 yards north of 

the New Bern, Twin Span, high rise 

bridge. 

(b) Notification. (1) Fireworks barges 

and launch sites on land in paragraph 

(a) of this section will have a sign on the 

port and starboard side of the barge or 

mounted on a post 3 foot above ground 

level when on land and facing the water 

labeled ‘‘FIREWORKS—DANGER—

STAY AWAY’’. This will provide on 

scene notice that the safety zone will be 

enforced on that day. This notice will 

consist of a diamond shaped sign 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. 

(2) Coast Guard Captains of the Port 

in the Fifth Coast Guard District will 

notify the public of the enforcement of 

these safety zones by all appropriate 

means to effect the widest publicity 

among the affected segments of the 

public. Publication in the local notice to 

mariners, marine information 

broadcasts, and facsimile broadcasts 

may be made for these events, beginning 

24 to 48 hours before the event is 

scheduled to begin, to notify the public. 

(c) Enforcement Period. The safety 

zones in paragraph (a) of this section 

will be enforced from 5:30 p.m. to 1 a.m. 

each day a barge with a ‘‘FIREWORKS—

DANGER—STAY AWAY’’ sign on the 

port and starboard side is on-scene or a 

‘‘FIREWORKS—DANGER—STAY 

AWAY’’ sign is posted on land, in a 

location listed in paragraph (a) of this 

section. Vessels may not enter, remain 

in, or transit through the safety zones 

during these enforcement periods unless 

authorized by the Captain of the Port or 

designated Coast Guard patrol personnel 

on scene. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated on-scene-patrol personnel. 

Those personnel are compromised of 

commissioned, warrant, and petty 

officers of the Coast Guard. Other 

Federal, State and local agencies may 

assist these personnel in the 

enforcement of the safety zone. Upon 

being hailed by the U.S. Coast Guard 

vessel by siren, radio, flashing light or 

other means, the operator of a vessel 

shall proceed as directed. 

(e) Definitions. 

Captain of the Port means any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port to act on his or her 

behalf. 

State or local law enforcement officers 

mean any State or local government law 

enforcement officer who has the 

authority to enforce State criminal laws. 

Dated: February 14, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–3637 Filed 3–1–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2006–0921; FRL–8282–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Amendments to VOC and NOX

Emission Control Areas and VOC 

Control Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the Commonwealth of 

Virginia. These revisions amend 

existing volatile organic compound 

(VOC) and nitrogen oxide (NOX) 

emissions control areas, and amend 

certain VOC and NOX regulations in 

order to manage the extension of 

applicability of these provisions to the 

amended VOC and NOX emission 

control areas. EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

EFFECTIVE DATE: This final rule is 

effective on April 2, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2006–0921. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Wentworth, (215) 814–2034, or by 

e-mail at wentworth.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 26, 2006 (71 FR 77353), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The NPR 

proposed approval of amendments to 9 

VAC 5 Chapter 20, Volatile Organic 

Compound and Nitrogen Oxides 

Emissions Control Areas, (9 VAC 5–20–

206), and also proposed approval of 

amendments to 9 VAC 5 Chapter 40, 

Articles 4, Emission Standards for 

General Process Operations; Article 36, 

Emission Standards for Flexographic, 

Packaging Rotogravure, and Publication 

Rotogravure Printing Lines; Article 37, 

Emission Standards for Petroleum 

Liquid Storage and Transfer Operations; 

and Article 53, Emission Standards for 

Lithographic Printing Processes. The 

formal SIP revisions were submitted by 

the Commonwealth of Virginia on 

September 12, 2006, and October 2, 

2006. 


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