Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16929 

by mail or hand delivery, submit them 

in an unbound format, no larger than 

81⁄2 by 11 inches, suitable for copying 

and electronic filing. If you submit them 

by mail and would like to know that 

they reached the Facility, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0078’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why one would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Basis and Purpose 

The legal basis for test deviations to 

drawbridge operating schedules is the 

Coast Guard’s authority to regulate 

drawbridge operations: 33 U.S.C. 499; 

33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 

0170.1. 

The purpose of the test deviation is to 

determine whether the current 

drawbridge operation schedule meets 

the needs of navigation and land traffic. 

Discussion 

The Miami Marlins Organization has 

requested bridge opening limitations to 

the N.W. 12th Avenue Bridge over the 

Miami River mile 2.1, in Miami, Florida, 

in order to determine whether traffic 

congestion during Miami Marlins home 

baseball games poses a safety concern 

and whether a brief closure will mitigate 

such congestion. This 90 day test 

deviation will allow this bridge to 

remain closed to navigation from 6:46 

p.m. until 7:30 p.m., Monday through 

Friday, during Miami Marlins home 

baseball games on April 4, 13, 17, 18, 

19, 27, 30; May 11, 14, 15, 21, 22, 23, 

24, 25, 28, 29, 30; June 5, 6, 7, 8, 11, 12, 

13, 22, 25, 26, 27, and 29. 

The N.W. 12th Avenue Bridge 

provides a vertical clearance of 22 feet 

above mean high water in the closed 

position, and a horizontal clearance of 

150 feet. The normal operating schedule 

for the bridge is set forth in 33 CFR 

117.305(b), which states that the draws 

of the S.W. First Street Bridge, mile 0.9, 

up to and including the N.W. 27th 

Avenue Bridge, mile 3.7 at Miami, shall 

open on signal; except that, from 

7:35 a.m. to 8:59 a.m. and 4:45 p.m. to 

5:59 p.m., Monday through Friday, 

except Federal holidays, the draws need 

not open for the passage of vessels. 

This 90 day test deviation will be in 

effect from 6:46 p.m. on April 4, 2012 

through 7:30 p.m. on July 3, 2012. Tugs 

and tugs with tows, public vessels of the 

United States, and vessels in distress 

shall be passed at any time. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

test deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: February 29, 2012. 

B.L. Dragon, 

Bridge Program Director, Seventh Coast 

Guard District. 

[FR Doc. 2012–6982 Filed 3–22–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0118] 

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 revising 

the list of permanent safety zones 

established for fireworks displays at 

various locations within the geographic 

boundary of the Fifth Coast Guard 

District. This action is necessary to 

protect life and property of the maritime 

public from 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 23, 

2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–0118 and 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–0118 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Dennis Sens, Fifth Coast Guard 

District, Prevention Division; telephone 

757–398–6204, email 

Dennis.M.Sens@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On October 26, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Safety Zones; Fireworks 

Displays within the Fifth Coast Guard 

District’’ in the Federal Register (76 FR 

66239). We received no comments on 

the proposed rule. 

Basis and Purpose 

The purpose of this final rule is to 

ensure the safety of life on navigable 

waters during fireworks events and 

provide the marine community the 

opportunity to comment on safety zone 

locations, size, and length of time the 

zones will be active. 

Background 

In this final rule the Coast Guard 

revises the list of permanent safety 

zones at 33 CFR 165.506, established for 

fireworks displays at various locations 


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16930 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

within the geographic boundary of the 

Fifth Coast Guard District. For a 

description of the geographical area of 

the Fifth District and subordinate Coast 

Guard Sectors—Captain of the Port 

Zones, please see 33 CFR 3.25. 

Currently there are 73 permanent safety 

zones that are established for annually 

recurring fireworks displays within the 

geographic boundaries of the Fifth Coast 

Guard District. 

The Coast Guard is revising the list of 

permanent safety zones at 33 CFR 

165.506, established for fireworks 

displays, by adding 3 new locations, 

deleting 2 previously established 

locations and modifying 19 previously 

established locations within the 

geographic boundary of the Fifth Coast 

Guard District. This rule increases the 

total number of permanent safety zones 

to 74 locations for fireworks displays 

within the boundary of the Fifth Coast 

Guard District. 

This rule adds 3 new safety zone 

locations to the permanent safety zones 

listed in 33 CFR 165.506. The new 

safety zones include locations at: North 

Atlantic Ocean, Atlantic City, NJ; Great 

Wicomico River, Mila, VA; and 

Cockrell’s Creek, Reedville, VA. 

The 19 previously established safety 

zone locations that are modified by this 

rule are: Severn River and Spa Creek, 

Annapolis, MD; Baltimore Inner Harbor, 

Patapsco River, MD, (2 locations); 

Patuxent River, Calvert County, MD; 

Chesapeake Bay, Chesapeake Beach, 

MD; Potomac River, Charles County, 

MD; Potomac River, Charles County, 

MD near Mount Vernon; Potomac River, 

National Harbor, MD; Miles River, St. 

Michaels, MD; Tred Avon River, Oxford, 

MD; Upper Potomac River, Alexandria, 

VA; Anacostia River, Washington, DC; 

Potomac River, Prince William County, 

VA; North Atlantic Ocean, Ocean City, 

NJ; Chesapeake Bay, Norfolk, VA; North 

Atlantic Ocean, Virginia Beach, VA (2 

locations); Pamlico River, Washington, 

NC; and Motts Channel, Banks Channel, 

Wrightsville Beach, NC. Safety zone 

modifications include revision to dates 

and minor changes to coordinates that 

define safety zone boundaries. 

The Coast Guard is disestablishing 2 

safety zones located at Patuxent River, 

Solomons Island, Calvert County, MD, 

centered at approximate position 

latitude 38°19′03′′ N, longitude 

076°26′07.6′′ W and Patuxent River, 

Solomons Island, MD, centered at 

approximate position latitude 38°19′21′′ 

N, longitude 076°27′55′′ W. All 

coordinates for these safety zones 

reference Datum NAD 1983. 

The Coast Guard typically receives 

numerous applications for fireworks 

displays in these general areas. 

Previously, a temporary safety zone was 

established on an emergency basis for 

each display. This limited the 

opportunity for public comment. 

Establishing permanent safety zones 

through notice and comment 

rulemaking provides the public the 

opportunity to comment on the safety 

zone locations, size, and length of time 

the zones will be enforced. 

Each year organizations in the Fifth 

Coast Guard District sponsor fireworks 

displays in the same general location 

and time period. Each event uses a barge 

or an on-shore site near the shoreline as 

the fireworks launch platform. A safety 

zone is used to control vessel movement 

within a specified distance surrounding 

the launch platforms to ensure the 

safety of persons and property. Coast 

Guard personnel on scene may allow 

boaters within the safety zone if 

conditions permit. 

The Coast Guard will publish notices 

in the Federal Register if an event 

sponsor reported a change to the listed 

event venue or date. In the case of 

inclement weather the event usually 

will be conducted on the day following 

the date listed in the Table to § 165.506. 

Coast Guard Captains of the Port will 

give notice of the enforcement of each 

safety zone by all appropriate means to 

provide the widest dissemination of 

notice among the affected segments of 

the public. This will include 

publication in the Local Notice to 

Mariners and Marine Information 

Broadcasts. Marine information and 

facsimile broadcasts may also be made 

for these events, beginning 24 to 48 

hours before the event. Fireworks barges 

or launch sites on land used in the 

locations stated in this rulemaking shall 

also display a sign labeled 

‘‘FIREWORKS—DANGER—STAY 

AWAY’’ * * * The sign will be affixed 

to the port and starboard side of the 

barge or mounted on a post 3 feet above 

ground level when on land and in close 

proximity to the shoreline facing the 

water. This sign provides on scene 

notice that the safety zone is or will be 

enforced on that day. The sign will be 

diamond shaped, 4 foot by 4 foot with 

a 3-inch orange retro-reflective border. 

The word ‘‘DANGER’’ shall be 10-inch 

black block letters centered on the sign 

with the words ‘‘FIREWORKS’’ and 

‘‘STAY AWAY’’ in 6 inch black block 

letters placed above and below the word 

‘‘DANGER’’ respectively on a white 

background. There will 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. to 1 a.m. 

local time. However, vessels may enter, 

remain in, or transit through these safety 

zones during this timeframe if 

authorized by the Captain of the Port or 

designated Coast Guard patrol personnel 

on scene, as provided for in 33 CFR 

165.23. 

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 (76 FR 66239). 

Accordingly, the Coast Guard is 

establishing 74 safety zones on the 

specified navigable waters listed within 

the Table to § 165.506. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The economic impact of this rule is 

not significant because of the short 

amount of time that vessels will be 

restricted from the zones, and the small 

zone sizes positioned in low vessel 

traffic areas. Vessels will not be 

precluded from getting underway, or 

mooring at any piers or marinas 

currently located in the vicinity of the 

safety zones. Advance notifications will 

also be made to the local maritime 

community by issuing Local Notice to 

Mariners, Marine information and 

facsimile broadcasts so mariners can 

adjust their plans accordingly. 

Notifications to the public for most 

events will usually be made by local 

newspapers, radio and TV stations. 

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 


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Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16931 

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 will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities some of which may be small 

entities: The owners and operators of 

vessels intending to transit or anchor in 

the 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), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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). 

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. 

Collection of Information 

This rule calls 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 (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. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

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 

does not create an environmental risk to 

health or risk to safety that may 

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 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. 

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 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g.), of the Instruction. This rule 

involves implementation of regulations 

at 33 CFR Part 165 that establish safety 

zones on navigable waters of the United 

States for fireworks events. These safety 

zones are enforced for the duration of 

fireworks display events. The fireworks 

are launched from or immediately 

adjacent to navigable waters of the 

United States. The category of activities 

includes fireworks launched from 

barges at or near the shoreline that 

generally rely on the use of navigable 

waters as a safety buffer. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 


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16932 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

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. 1231; 46 U.S.C. 3306, 

3703, and Chapter 701; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Revise § 165.506 to read as follows: 

§ 165.506 Safety Zones; Fifth Coast Guard 

District Fireworks Displays. 

(a) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) The following regulations apply to 

the fireworks safety zones listed in the 

Table to § 165.506. These regulations 

will be enforced annually, for the 

duration of each fireworks event listed 

in the Table to § 165.506. In the case of 

inclement weather, the event may be 

conducted on the day following the date 

listed in the Table to § 165.506. Annual 

notice of the exact dates and times of 

the enforcement period of the regulation 

with respect to each safety zone, the 

geographical area, and other details 

concerning the nature of the fireworks 

event will be published in Local Notices 

to Mariners and via Broadcast Notice to 

Mariners over VHF–FM marine band 

radio. 

(3) 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 comprised of 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. Other 

Federal, State and local agencies may 

assist these personnel in the 

enforcement of the safety zone. Upon 

being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light or 

other means, the operator of a vessel 

shall proceed as directed. 

(b) Notification. (1) Fireworks barges 

and launch sites on land that operate 

within the regulated areas contained in 

the Table to § 165.506 will have a sign 

affixed to the port and starboard side of 

the barge or mounted on a post 3 feet 

above ground level when on land 

immediately adjacent to the shoreline 

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 feet 

by 4 feet 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) Contact Information. Questions 

about safety zones and related events 

should be addressed to the local Coast 

Guard Captain of the Port for the area 

in which the event is occurring. 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– 

4944. 

(2) Coast Guard Sector Baltimore— 

Captain of the Port Zone, Baltimore, 

Maryland: (410) 576–2525. 

(3) Coast Guard Sector Hampton 

Roads—Captain of the Port Zone, 

Norfolk, Virginia: (757) 483–8567. 

(4) Coast Guard Sector North 

Carolina—Captain of the Port Zone, 

Wilmington, North Carolina: (877) 229– 

0770 or (910) 772–2200. 

(d) Enforcement Period. The safety 

zones in the Table to § 165.506 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 adjacent 

to the shoreline, in a location listed in 

the Table to § 165.506. 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. 

TABLE TO § 165.506 

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

Number Date Location Regulated area 

(a.) Coast Guard Sector Delaware Bay—COTP Zone 

1 ............ July 4th ........................... North Atlantic Ocean, 

Bethany Beach, DE, 

Safety Zone.

The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate position latitude 38°32′08′′ N, longitude 

075°03′15′′ W, adjacent to shoreline of Bethany Beach, DE. 

2 ............ Labor Day ....................... 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 latitude 38°36′42′′ N, 

longitude 075°08′18′′ W, about 700 yards east of Pots Net Point, DE. 

3 ............ July 4th ........................... North 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 latitude 38°43′01.2′′ N, longitude 075°04′21′′ 

W, approximately 400 yards east of Rehoboth Beach, DE. 

4 ............ July 4th ........................... North Atlantic Ocean, Avalon, NJ, Safety Zone.The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°05′31′′ N, longitude 

074°43′00′′ W, in the vicinity of the shoreline at Avalon, NJ. 

5 ............ July 4th, September— 

2nd Saturday.

Barnegat Bay, Barnegat 

Township, NJ, Safety 

Zone.

The waters of Barnegat Bay within a 500 yard radius of the fireworks barge 

in approximate position latitude 39°44′50′′ N, longitude 074°11′21′′ W, approximately 500 yards north of Conklin Island, NJ. 

6 ............ July 4th ........................... North Atlantic Ocean, 

Cape May, NJ, Safety 

Zone.

The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 38°55′36′′ N, longitude 

074°55′26′′ W, immediately adjacent to the shoreline at Cape May, NJ. 


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Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16933 

TABLE TO § 165.506—Continued 

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

Number Date Location Regulated area 

7 ............ July 3rd ........................... 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 latitude 38°58′00′′ N, longitude 074°58′30′′ 

W. 

8 ............ August—3rd Sunday ...... Great Egg Harbor Inlet, 

Margate City, NJ, Safety Zone.

All waters within a 500 yard radius of the fireworks barge in approximate location latitude 39°19′33′′ N, longitude 074°31′28′′ W, on the Intracoastal 

Waterway near Margate City, NJ. 

9 ............ July 4th, August every 

Thursday. September—1st Thursday.

Metedeconk River, Brick 

Township, NJ, Safety 

Zone.

The waters of the Metedeconk River within a 300 yard radius of the fireworks launch platform in approximate position latitude 40°03′24′′ N, longitude 074°06′42′′ W, near the shoreline at Brick Township, NJ. 

10 .......... July—1st Friday .............. North Atlantic Ocean, Atlantic City, NJ, Safety 

Zone.

The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge located at latitude 39°20′58′′ N, longitude 074°25′58′′ W, near 

the shoreline at Atlantic City, NJ. 

11 .......... July 4th, October—1st 

Saturday.

North Atlantic Ocean, 

Ocean City, NJ, Safety 

Zone.

The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°16′22′′ N, longitude 

074°33′54′′ W, in the vicinity of the shoreline at Ocean City, NJ. 

12 .......... May—4th Saturday ......... Barnegat Bay, Ocean 

Township, NJ, Safety 

Zone.

All waters of Barnegat Bay within a 500 yard radius of the fireworks barge in 

approximate position latitude 39°47′33′′ N, longitude 074°10′46′′ W. 

13 .......... July 4th ........................... 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 latitude 39°34′18′′ N, longitude 074°14′43′′ 

W, approximately 100 yards north of Parkers Island. 

14 .......... September—3rd Saturday.Delaware River, Chester, 

PA, Safety Zone.

All waters of the Delaware River near Chester, PA just south of the Commodore Barry Bridge within a 250 yard radius of the fireworks barge located in approximate position latitude 39°49′43.2′′ N, longitude 075°22′42′′ 

W. 

15 .......... September—3rd Saturday.Delaware River, 

Essington, PA, Safety 

Zone.

All waters of the Delaware River near Essington, PA, west of Little Tinicum 

Island within a 250 yard radius of the fireworks barge located in the approximate position latitude 39°51′18′′ N, longitude 075°18′57′′ W. 

16 .......... July 4th, Columbus Day, 

December 31st, January 1st.

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 latitude 39°56′31.2′′ N, 

longitude 075°08′28.1′′ W; thence to latitude 39°56′29.1′′ N, longitude 

075°07′56.5′′ W, and bounded on the north by the Benjamin Franklin 

Bridge. 

(b.) Coast Guard Sector Baltimore—COTP Zone 

1 ............ April—1st or 2nd Saturday.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 latitude 38°52′09′′ N, longitude 

077°01′13′′ W, located within the Washington Channel in Washington Harbor, DC. 

2 ............ July 4th, December—1st 

and 2nd Saturday, December 31st.

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 latitude 38°58′40′′ N, longitude 076°28′49′′ W; thence to 

latitude 38°58′26′′ N, longitude 076°28′28′′ W; thence to latitude 38°58′45′′ 

N, longitude 076°28′07′′ W; thence to latitude 38°59′01′′ N, longitude 

076°28′37′′ W, thence to latitude 38°58′57′′ N, longitude 076°28′40′′ W, located near the entrance to Spa Creek in Annapolis, Maryland. 

3 ............ Saturday before Independence Day holiday.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 latitude 39°17′45′′ N, longitude 076°23′49′′ W, approximately 300 yards east of Rockaway Beach, near Turkey Point. 

4 ............ July 4th, December 31st 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: latitude 39°15′22′′ N, longitude 

076°36′36′′ W; thence to latitude 39°15′10′′ N, longitude 076°36′00′′ W; 

thence to latitude 39°15′40′′ N, longitude 076°35′23′′ W; thence to latitude 

39°15′49′′ N, longitude 076°35′47′′ W; thence to the point of origin, located 

approximately 600 yards east of Hanover Street (SR–2) Bridge. 

5 ............ June 14th, July 4th, September—2nd Saturday, 

December 31st.

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, located adjacent to the East Channel of Northwest Harbor. 

6 ............ May—2nd or 3rd Thursday or Friday, July 4th, 

December 31st.

Baltimore Inner Harbor, 

Patapsco River, MD, 

Safety Zone.

All waters of the Patapsco River within a 100 yard radius of the fireworks 

barge in approximate position latitude 39°17′01′′ N, longitude 076°36′31′′ 

W, located at the entrance to Baltimore Inner Harbor, approximately 125 

yards southwest of pier 3. 

7 ............ May—2nd or 3rd Thursday or Friday, July 4th, 

December 31st.

Baltimore Inner Harbor, 

Patapsco River, MD, 

Safety Zone.

The waters of the Patapsco River within a 100 yard radius of approximate 

position latitude 39°17′04′′ N, longitude 076°36′36′′ W, located in Baltimore 

Inner Harbor, approximately 125 yards southeast of pier 1. 

8 ............ July 4th, December 31st Northwest Harbor (West 

Channel) Patapsco 

River, MD, Safety Zone.

All waters of the Patapsco River within a 300 yard radius of the fireworks 

barge in approximate position latitude 39°16′21′′ N, longitude 076°34′38′′ 

W, located adjacent to the West Channel of Northwest Harbor. 


srobinson on DSK4SPTVN1PROD with RULES
16934 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

TABLE TO § 165.506—Continued 

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

Number Date Location Regulated area 

9 ............ July 4th ........................... Patuxent River, Calvert 

County, MD, Safety 

Zone.

All waters of the Patuxent River within a 200 yard radius of the fireworks 

barge located at latitude 38°19′17′′ N, longitude 076°27′45′′ W, approximately 800 feet from shore at Solomons Island, MD. 

10 .......... July 4th ........................... 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: latitude 38°58′50′′ N, longitude 076°15′00′′ W; thence 

north to latitude 38°59′00′′ N, longitude 076°15′00′′ W; thence east to latitude 38°59′00′′ N, longitude 076°14′46′′ W; thence southeast to latitude 

38°58′50′′ N, longitude 076°14′28′′ W; thence southwest to latitude 

38°58′37′′ N, longitude 076°14′36′′ W, thence northwest to latitude 

38°58′42′′ N, longitude 076°14′55′′ W, thence to the point of origin, located 

approximately 900 yards north of Kent Island Narrows (US–50/301) 

Bridge. 

11 .......... July 3rd ........................... 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 latitude 38°41′36′′ N, longitude 076°31′30′′ 

W, and within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′28′′ N, longitude 076°31′29′′ W, located near Chesapeake Beach, Maryland. 

12 .......... July 4th ........................... 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 latitude 38°35′06′′ N, longitude 

076°04′46′′ W. 

13 .......... July—2nd or 3rd Saturday and last Saturday.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 latitude 38°20′05′′ N, longitude 077°15′00′′ 

W, approximately 500 yards north of the shoreline at Fairview Beach, Virginia. 

14 .......... May—last Saturday. July 

4th.

Potomac River, Charles 

County, MD—Mount 

Vernon, Safety Zone.

All waters of the Potomac River within an area bound by a line drawn from 

the following points: latitude 38°42′30′′ N, longitude 077°04′47′′ W; thence 

to latitude 38°42′18′′ N, longitude 077°04′42′′ W; thence to latitude 

38°42′11′′ N, longitude 077°05′10′′ W; thence to latitude 38°42′22′′ N, longitude 077°05′12′′ W; located at the Mount Vernon Estate, in Fairfax 

County, Virginia. 

15 .......... October—1st Saturday ... 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 latitude 38°13′27′′ N, longitude 076°44′48′′ 

W, located adjacent to Dukeharts Channel near Coltons Point, Maryland. 

16 .......... July—Day before Independence Day holiday. 

November—3rd Thursday, 3rd Saturday and 

last Friday. December—1st, 2nd and 3rd 

Friday.

Potomac River, National 

Harbor, MD, Safety 

Zone.

All waters of the Potomac River within an area bound by a line drawn from 

the following points: latitude 38°47′13′′ N, longitude 077°00′58′′ W; thence 

to latitude 38°46′51′′ N, longitude 077°01′15′′ W; thence to latitude 

38°47′25′′ N, longitude 077°01′33′′ W; thence to latitude 38°47′32′′ N, longitude 077°01′08′′ W; thence to the point of origin, located at National Harbor, Maryland. 

17 .......... July 4th, September—last 

Saturday.

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 latitude 39°32′42′′ N, longitude 

076°04′30′′ W, approximately 800 yards east of the waterfront at Havre de 

Grace, MD. 

18 .......... June and July—Saturday 

before Independence 

Day holiday.

Miles River, St. Michaels, 

MD, Safety Zone.

All waters of the Miles River within a 200 yard radius of approximate position 

latitude 38°47′42′′ N, longitude 076°12′51′′ W, located at the entrance to 

Long Haul Creek. 

19 .......... June and July—Saturday 

or Sunday before Independence Day holiday.

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 latitude 38°41′24′′ N, longitude 076°10′37′′ 

W, approximately 500 yards northwest of the waterfront at Oxford, MD. 

20 .......... July 3rd ........................... 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 latitude 39°35′26′′ N, longitude 075°57′00′′ 

W, approximately 400 yards south of North East Community Park. 

21 .......... June—2nd or 3rd Saturday. July—1st, 2nd or 

3rd Saturday. September—1st or 2nd 

Saturday.

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, located 

near the waterfront of Alexandria, Virginia. 

22 .......... March through October, 

at the conclusion of 

evening MLB games at 

Washington Nationals 

Ball Park.

Anacostia River, Washington, DC, Safety 

Zone.

All waters of the Anacostia River within a 150 yard radius of the fireworks 

barge in approximate position latitude 38°52′13′′ N, longitude 077°00′16′′ 

W, located near the Washington Nationals Ball Park. 

23 .......... June—last Saturday. 

July—3rd, 4th or last 

Saturday or Sunday.

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 latitude 38°34′07′′ N, longitude 077°15′32′′ 

W, located near Cherry Hill, Virginia. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16935 

TABLE TO § 165.506—Continued 

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

Number Date Location Regulated area 

(c.) Coast Guard Sector Hampton Roads—COTP Zone 

1 ............ July 4th ........................... North Atlantic Ocean, 

Ocean City, MD, Safety Zone.

All waters of the Atlantic Ocean in an area bound by the following points: 

latitude 38°19′39.9′′ N, longitude 075°05′03.2′′ W; thence to latitude 

38°19′36.7′′ N, longitude 075°04′53.5′′ W; thence to latitude 38°19′45.6′′ N, 

longitude 075°04′49.3′′ W; thence to latitude 38°19′49.1′′ N, longitude 

075°05′00.5′′ W; thence to point of origin. The size of the safety zone extends approximately 300 yards offshore from the fireworks launch area located at the high water mark on the beach. 

2 ............ May—4th Sunday. 

June—3rd Monday, 

and June 29th, July 

4th, August—1st and 

4th Sunday, September—1st and 4th 

Sunday.

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 latitude 38°22′32′′ N, longitude 075°04′30′′ 

W. 

3 ............ July 4th ........................... 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 latitude 38°25′57.6′′ N, longitude 075°03′55.8′′ W. 

4 ............ July 4th ........................... 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 latitude 36°52′08′′ N, longitude 076°00′46′′ W, located on the shoreline near the Cavalier Golf and Yacht Club, Virginia 

Beach, Virginia. 

5 ............ October—1st Friday ....... 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 latitude 37°31′25′′ N, 

longitude 076°47′19′′ W. 

6 ............ July 4th ........................... York River, Yorktown, 

VA, Safety Zone.

All waters of the York River within a 400 yard radius of the fireworks display 

in approximate position latitude 37°14′14′′ N, longitude 076°30′02′′ W, located near Yorktown, Virginia. 

7 ............ July 4th ........................... 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 latitude 37°55′40.3′′ N, longitude 075°23′10.7′′ W, approximately 900 yards southwest of Chincoteague Swing Bridge. 

8 ............ May—1st Friday, July 4th 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 latitude 36°58′30′′ N, longitude 076°26′19′′ W, located in the vicinity of the Newport News Shipyard, Newport News, Virginia. 

9 ............ July 9th ........................... Chesapeake Bay, Hampton, VA, Safety Zone.All waters of the Chesapeake Bay within a 350 yard radius of approximate 

position latitude 37°02′23′′ N, longitude 076°17′22′′ W, located near 

Buckroe Beach. 

10 .......... June—4th Friday, July— 

1st Friday, July 4th.

Chesapeake Bay, Norfolk, VA, Safety Zone.All waters of the Chesapeake Bay within a 400 yard radius of the fireworks 

display located in position latitude 36°57′21′′ N, longitude 076°15′00′′ W, 

located near Ocean View Fishing Pier. 

11 .......... July 4th ........................... Chesapeake Bay, Virginia Beach, VA, Safety Zone.All waters of the Chesapeake Bay 400 yard radius of the fireworks display in 

approximate position latitude 36°55′02′′ N, longitude 076°03′27′′ W, located at the First Landing State Park at Virginia Beach, Virginia. 

12 .......... Memorial Day, June—1st 

and 2nd Friday, Saturday and Sunday. July 

4th, November—4th 

Saturday, December— 

1st Saturday and December 31st, January—1st.

Elizabeth River, Southern 

Branch, Norfolk, VA, 

Safety Zone.

All waters of the Elizabeth River Southern Branch in an area bound by the 

following points: latitude 36°50′54.8′′ N, longitude 076°18′10.7′′ W; thence 

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

36°50′45.6′′ N, longitude 076°17′44.2′′ W; thence to latitude 36°50′29.6′′ N, 

longitude 076°17′23.2′′ W; thence to latitude 36°50′7.7′′ N, longitude 

076°17′32.3′′ W; thence to latitude 36°49′58′′ N, longitude 076°17′28.6′′ W; 

thence to latitude 36°49′52.6′′ N, longitude 076°17′43.8′′ W; thence to latitude 36°50′27.2′′ N, longitude 076°17′45.3′′ W thence to the point of origin. 

13 .......... May—2nd Saturday, 

September—1st Saturday and Sunday, December—1st Saturday.

Appomattox River, Hopewell, VA, Safety Zone.All waters of the Appomattox River within a 400 yard radius of the fireworks 

barge in approximate position latitude 37°19′11′′ N, longitude 077°16′55 ′′ 

W. 

14 .......... July—3rd Saturday ......... John H. Kerr Reservoir, 

Clarksville, VA, Safety 

Zone.

All waters of John H. Kerr Reservoir within a 400 yard radius of approximate 

position latitude 36°37′51′′ N, longitude 078°32′50′′ W, located near the 

center span of the State Route 15 Highway Bridge. 

15 .......... May, June, July, August, 

September, October— 

every Wednesday, Friday, Saturday and 

Sunday, July 4th.

North Atlantic Ocean, Virginia Beach, VA, Safety Zone. A.All waters of the Atlantic Ocean within a 1000 yard radius of the center located near the shoreline at approximate position latitude 36°51′12′′ N, longitude 075°58′06′′ W, located off the beach between 17th and 31st streets. 

16 .......... September—last Saturday or October—1st 

Saturday.

North Atlantic Ocean, VA 

Beach, VA, Safety 

Zone. B.

All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°50′35′′ N, longitude 075°58′09′′ W, located on the 14th 

Street Fishing Pier. 


srobinson on DSK4SPTVN1PROD with RULES
16936 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

TABLE TO § 165.506—Continued 

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

Number Date Location Regulated area 

17 .......... Friday, Saturday, Sunday 

and Monday—Labor 

Day Weekend.

North Atlantic Ocean, VA 

Beach, VA, Safety 

Zone. C.

All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°49′55′′ N, longitude 075°58′00′′ W, located off the beach 

between 2nd and 6th streets. 

18 .......... July 4th ........................... Nansemond River, Suffolk, VA, Safety Zone.All waters of the Nansemond River within a 350 yard radius of approximate 

position latitude 36°44′27′′ N, longitude 076°34′42′′ W, located near Constant’s Wharf in Suffolk, VA. 

19 .......... February—4th Saturday, 

July 4th.

Chickahominy River, Williamsburg, VA, Safety 

Zone.

All waters of the Chickahominy River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′50′′ N, longitude 

076°52′17′′ W, near Barrets Point, Virginia. 

20 .......... July 4th ........................... James River, Williamsburg, VA, Safety Zone.All waters of the James River within a 350 yard radius of approximate position latitude 37°13′23.3′′ N, longitude 076°40′11.8′′ W, located near 

Kingsmill Resort. 

21 .......... July—3rd, 4th and 5th .... Great Wicomico River, 

Mila, VA, Safety Zone.

All waters of the Great Wicomico River located within a 420 foot radius of 

the fireworks display at approximate position latitude 37°50′31′′ N, longitude 076°19′42′′ W near Mila, Virginia. 

22 .......... July—1st Friday, Saturday and Sunday.Cockrell’s Creek, 

Reedville, VA, Safety 

Zone.

All waters of Cockrell’s Creek located within a 420 foot radius of the fireworks display at approximate position latitude 37°49′54′′ N, longitude 

076°16′44′′ W near Reedville, Virginia. 

(d.) Coast Guard Sector North Carolina—COTP Zone 

1 ............ July 4th, October—1st 

Friday.

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, longitude 076°42′59.6′′ W, a position located at the west end of Sugar Loaf Island, NC. 

2 ............ April—2nd Saturday, July 

4th, August—3rd Monday, October—1st Friday.

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: latitude 34°13′54′′ N, longitude 077°57′06′′ W; thence 

northeast to latitude 34°13′57′′ N, longitude 077°57′05′′ W; thence north to 

latitude 34°14′11′′ N, longitude 077°57′07′′ W; thence northwest to latitude 

34°14′22′′ N, longitude 077°57′19′′ W; thence east to latitude 34°14′22′′ N, 

longitude 077°57′06′′ W; thence southeast to latitude 34°14′07′′ N, longitude 077°57′00′′ W; thence south to latitude 34°13′54′′ N, longitude 

077°56′58′′ W; thence to the point of origin, located approximately 500 

yards north of Cape Fear Memorial Bridge. 

3 ............ July 4th ........................... 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 latitude 35°01′29.6′′ N, longitude 

076°42′10.4′′ W, located near the entrance to the Neuse River in the vicinity of Oriental, NC. 

4 ............ July 4th ........................... 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 latitude 36°18′00′′ N, longitude 

076°13′00′′ W, approximately 200 yards south of the east end of the Elizabeth City Bascule Bridges. 

5 ............ July 4th ........................... Currituck Sound, Corolla, 

NC, Safety Zone.

All waters of the Currituck Sound within a 300 yard radius of the fireworks 

barge in approximate position latitude 36°22′48′′ N, longitude 075°51′15′′ 

W. 

6 ............ July 4th, November—3rd 

Saturday.

Middle Sound, Figure 

Eight Island, NC, Safety Zone.

All waters of the Figure Eight Island Causeway Channel from latitude 

34°16′32′′ N, longitude 077°45′32′′ W, thence east along the marsh to a 

position located at latitude 34°16′19′′ N, longitude 077°44′55′′ W, thence 

south to the causeway at position latitude 34°16′16′′ N, longitude 

077°44′58′′ W, thence west along the shoreline to position latitude 

34°16′29′′ N, longitude 077°45′34′′ W, thence back to the point of origin. 

7 ............ June—2nd Saturday, 

July—1st Saturday 

after July 4th.

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 latitude 35°32′27′′ N, longitude 077°03′40.5′′ W, located 500 yards north of Washington railroad trestle bridge. 

8 ............ July 4th ........................... 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 latitude 35°06′07.1′′ N, longitude 077°01′35.8′′ W; 

located 420 yards north of the New Bern, Twin Span, high rise bridge. 

9 ............ July 4th ........................... Edenton Bay, Edenton, 

NC, Safety Zone.

All waters within a 300 yard radius of position latitude 36°03′04′′ N, longitude 

076°36′18′′ W, approximately 150 yards south of the entrance to Queen 

Anne Creek, Edenton, NC. 

10 .......... July 4th, November—Saturday following 

Thanksgiving.

Motts Channel, Banks 

Channel, Wrightsville 

Beach, NC, Safety 

Zone.

All waters of Motts Channel within a 500 yard radius of the fireworks launch 

site in approximate position latitude 34°12′29′′ N, longitude 077°48′27′′ W, 

approximately 560 yards south of Sea Path Marina, Wrightsville Beach, 

NC. 

11 .......... July 4th ........................... 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 latitude 33°54′40′′ N, longitude 078°01′18′′ 

W, approximately 700 yards south of the waterfront at Southport, NC. 

12 .......... July 4th ........................... 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 latitude 35°06′54′′ N, longitude 

075°59′24′′ W, approximately 100 yards west of the Silver Lake Entrance 

Channel at Ocracoke, NC. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16937 

TABLE TO § 165.506—Continued 

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

Number Date Location Regulated area 

13 .......... August—1st Tuesday ..... New River, Jacksonville, 

NC, Safety Zone.

All waters of the New River within a 300 yard radius of the fireworks launch 

site in approximate position latitude 34°44′45′′ N, longitude 077°26′18′′ W, 

approximately one half mile south of the Hwy 17 Bridge, Jacksonville, 

North Carolina. 

Dated: March 1, 2012. 

William D. Lee, 

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

Fifth Coast Guard District. 

[FR Doc. 2012–6781 Filed 3–22–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0092; FRL–9651–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the limited 

approval and limited disapproval of 

West Virginia’s Regional Haze State 

Implementation Plan (SIP) revision. 

EPA is taking this action because West 

Virginia’s SIP revision, as a whole, 

strengthens the West Virginia SIP. We 

are finalizing our limited disapproval of 

the same SIP revision arising from the 

remand by the U.S. Court of Appeals for 

the District of Columbia (DC Circuit) to 

EPA of the Clean Air Interstate Rule 

(CAIR). This action is being taken in 

accordance with the requirements of the 

Clean Air Act (CAA) and EPA’s rules for 

states to prevent and remedy future and 

existing anthropogenic impairment of 

visibility in mandatory Class I areas 

through a regional haze program. EPA is 

also approving this revision as meeting 

the infrastructure requirements relating 

to visibility protection for the 1997 8- 

hour ozone National Ambient Air 

Quality Standard (NAAQS) and the 

1997 and 2006 fine particulate matter 

(PM2.5) NAAQS. 

DATES: Effective Date: This final rule is 

effective on April 23, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0092. All 

documents in the docket are listed in 

the 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 

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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Linden, (215) 814–2096, or by 

email at linden.melissa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On July 13, 2011 (76 FR 41158), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of West Virginia. The 

NPR proposed limited approval and 

limited disapproval of West Virginia’s 

Regional Haze SIP. The formal SIP 

revision was submitted by West Virginia 

Department of Environmental Protection 

(WVDEP) on June 18, 2008. This 

revision also meets the requirements of 

110(a)(2)(D)(i)(II) and 110(a)(2)(J), 

relating to visibility protection for the 

1997 8-hour ozone NAAQS and the 

1997 and 2006 PM2.5 NAAQS. 

II. Summary of SIP Revision 

The SIP revision includes a long term 

strategy with enforceable measures 

ensuring reasonable progress towards 

meeting the reasonable progress goals 

for the first planning period, through 

2018. West Virginia’s Regional Haze 

Plan contains the emission reductions 

needed to achieve West Virginia’s share 

of emission reductions and sets the 

reasonable progress goals for other states 

to achieve reasonable progress at the 

two Class I Areas within West Virginia, 

Dolly Sods Wilderness Area and Otter 

Creek Wilderness Area. The specific 

requirements of the CAA and EPA’s 

Regional Haze Rule and the rationale for 

EPA’s proposed action are explained in 

the NPR and will not be restated here. 

EPA received two adverse comments on 

the July 13, 2011 NPR. Both comments 

raise similar concerns with the NPR and 

have been combined. A summary of the 

comments submitted and EPA’s 

responses are provided in section III of 

this document. 

III. Summary of Public Comments and 

EPA Responses 

Comment: The commenter argues that 

EPA’s proposed limited approval/ 

limited disapproval action based on 

West Virginia’s reliance on CAIR is 

unwarranted and should be withdrawn. 

Instead, the commenter states that EPA 

should grant full and unconditional 

approval of the West Virginia regional 

haze SIP. The commenter disagrees that 

CAIR renders the State’s SIP unable to 

satisfy all of the CAA’s regional haze 

SIP requirements. The commenter notes 

that West Virginia’s SIP was submitted 

prior to the remand of CAIR and relied 

on the requirements under 40 CFR 

51.308(e)(4), which remain in effect at 

this time. The commenter argues that as 

a result, the West Virginia SIP is entirely 

consistent with the applicable law. 

Moreover, the commenter highlights 

that the visibility-improvement benefits 

from CAIR’s emission reductions are 

likely to be replicated, or indeed 

exceeded, by the visibility benefits 

projected to result from the Cross State 

Air Pollution Rule. The commenter 

argues that EPA does not have a basis 

to propose or promulgate disapproval or 

limited disapproval of a Regional Haze 

SIP due to its reliance on CAIR and on 

40 CFR 51.308(e)(4), because EPA has 

not determined, based on a thorough 

and defensible analysis, that the 

emission reductions and associated 

visibility-improvement benefits that are 

likely to result from the final CSAPR 

will not be at least comparable to those 

achieved under CAIR. Because the SIP 

is fully compliant with the relevant 


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