Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15845 

Small Business Regulatory Enforcement 

Fairness Act of 1996. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Since this rulemaking is exempt from 

5 U.S.C. 553, and no other law requires 

the Department to give notice of 

proposed rulemaking, this rulemaking 

also is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) and 

Executive Order 13272, section 3(b). 

Executive Order 12866, as Amended 

The Department of State does not 

consider this final rule to be a 

‘‘significant regulatory action’’ under 

Executive Order 12866, as amended, 

§ 3(f), Regulatory Planning and Review. 

In addition, the Department is exempt 

from Executive Order 12866 except to 

the extent that it is promulgating 

regulations in conjunction with a 

domestic agency that are significant 

regulatory actions. The Department has 

nevertheless reviewed this rule to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in that Executive order. 

Executive Order 12988 

The Department has reviewed this 

final rule in light of sections 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Unfunded Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1532, generally 

requires agencies to prepare a statement 

before proposing any rule that may 

result in an annual expenditure of $100 

million or more by State, local, or tribal 

governments, or by the private sector. 

This final rule will not result in any 

such expenditure, nor will it 

significantly or uniquely affect small 

governments. 

Executive Orders 12372 and 13132 

This Final Rule will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this regulation. 

Paperwork Reduction Act 

This Final Rule does not impose any 

new reporting or recordkeeping 

requirements subject to the Paperwork 

Reduction Act, 44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 62 

Cultural exchange programs, 

Reporting and recordkeeping 

requirements. 

PART 62—EXCHANGE VISITOR 

PROGRAM 

■ Accordingly the interim rule 

amending 22 CFR part 62 which was 

published at 73 FR 34861 on June 19, 

2008 is adopted as final without change. 

Dated: March 30, 2009. 

Stanley S. Colvin, 

Deputy Assistant Secretary, Office of Private 

Sector Exchange, Bureau of Educational and 

Cultural Affairs, Department of State. 

[FR Doc. E9–7674 Filed 4–7–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0189] 

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 73 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 May 8, 

2009. 

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–2008–0189 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2008–0189 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at two locations: 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 and the Fifth 

Coast Guard District, Prevention 

Division, 431 Crawford Street, 

Portsmouth, VA 23704 between 10 a.m. 

and 2 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Dennis Sens, Project Manager, Fifth 

Coast Guard District, Prevention 

Division, Inspections and Investigations 

Branch, at (757) 398–6204. 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 April 15, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled, Safety Zones; Fireworks 

Displays within the Fifth Coast Guard 

District in the Federal Register (73 FR 

20223). On November 14, 2008, we 

published a Supplemental notice of 

proposed rulemaking (SNPRM) entitled 

Safety Zones; Fireworks Displays within 

the Fifth Coast Guard District in the 

Federal Register (73 FR 67444). We 

received two comments on the NPRM. 

No public meeting was requested, and 

none was held. 

Background and Purpose 

In this rule, the Coast Guard revises 

the list of permanent safety zones at 33 

CFR 165.506, established for fireworks 

displays at various locations within the 

geographic boundary of the Fifth Coast 

Guard District. For a description of the 

geographical area of the Fifth District 

and subordinate Coast Guard Sectors— 

Captain of the Port Zones, please see 33 

CFR 3.25. Currently there are 49 

permanent safety zones established for 

fireworks displays occurring throughout 

the year that are held on an annual basis 

and normally in one of these 49 

locations. 

The Coast Guard revision of the list of 

permanent safety zones at 33 CFR 

165.506, established for fireworks 

displays, adds 24 new locations and 

modifies five previously established 

locations within the geographic 


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15846 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

boundary of the Fifth Coast Guard 

District. This rule increases the total 

number of permanent safety zones to 73 

locations for fireworks displays within 

the boundary of the Fifth Coast Guard 

District. 

This rule adds 24 new safety zone 

locations to the permanent safety zones 

listed in 33 CFR 165.506. The new 

safety zones are listed in the following 

table. 

Table of Newly Established Fireworks 

Safety Zones 

1. Delaware River, Chester, PA 

2. North Atlantic Ocean Avalon, NJ 

3. Barnegat Bay, Barnegat Township, NJ 

4. North Atlantic Ocean, Cape May, NJ 

5. Great Egg Harbor Inlet, Margate City, 

NJ 

6. Metedeconk River, Brick Township, 

NJ 

7. North Atlantic Ocean, Ocean City, NJ 

8. North Atlantic Ocean, Bethany Beach, 

DE 

9. Baltimore Inner Harbor, Patapsco 

River, MD 

10. Anacostia River, Washington, D.C. 

11. Potomac River, Charles County, MD 

12. Potomac River, National Harbor, MD 

13. Patuxent River, Calvert County, MD 

14. Patuxent River, Solomons Island, 

Calvert County, MD 

15. Appomattox River, Hopewell, VA 

16. John H. Kerr Reservoir, Clarksville, 

VA 

17. Chesapeake Bay, Hampton, VA 

18. Atlantic Ocean, Virginia Beach, VA, 

Safety Zone. B 

19. Atlantic Ocean, Virginia Beach, VA, 

Safety Zone. C 

20. Nansemond River, Suffolk, VA 

21. James River, Williamsburg, VA 

22. Edenton Bay, Edenton, NC 

23. Motts Channel, Banks Channel, 

Wrightsville Beach, NC 

24. New River, Jacksonville, NC 

This rule modifies five previously 

established safety zones at the following 

locations: Potomac River, Charles 

County, MD; Northwest Harbor (West 

Channel) Patapsco River, MD; Delaware 

River, Essington, PA; Atlantic Ocean, 

Virginia Beach, VA, safety zone A; and 

Cape Fear River, Wilmington, NC. 

The Coast Guard typically receives 

numerous applications in these areas for 

fireworks displays. Previously a 

temporary safety zone was usually 

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 zone 

locations, size and length of time the 

zones will be enforced. 

Each year organizations within 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 persons 

within the safety zone if conditions 

permit. 

The Coast Guard will publish notices 

in the Federal Register if an event 

sponsor reports 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 publicity 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, 24 

to 48 hours before the event is 

scheduled to begin, to notify the public. 

The public will also be notified about 

many of the listed marine events by 

local newspapers, radio and television 

stations. The various methods of 

notification provided by the Coast 

Guard and local community media 

outlets will facilitate informing mariners 

so they can adjust their plans 

accordingly. 

Fireworks barges or launch sites on 

land used in the locations stated in this 

rulemaking shall display a sign. 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 labeled 

‘‘FIREWORKS—DANGER—STAY 

AWAY’’. This will 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 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. 

This rule is necessary to protect the 

safety of life and property on navigable 

waters during these fireworks events 

and provides the marine community 

information on safety zone locations, 

size, and length of time the zones will 

be active. 

Discussion of Comments and Changes 

The Coast Guard received two 

comments in response to the NPRM 

which were addressed in the SNPRM 

published in the Federal Register. The 

first comment, from the North Carolina 

Department of Environment and Natural 

Resources, Division of Coastal 

Management letter of December 2, 2008 

addressed a revision to the Cape Fear 

River safety zone. Specifically, the New 

Hanover County, NC Fire Rescue 

expressed concern that the safety zone, 

as proposed for Cape Fear River, did not 

meet the county’s fire code. The Coast 

Guard submitted a revised fireworks 

safety zone for the Cape Fear River 

location that was subsequently 

approved by New Hanover County and 

Fire Rescue. This change is included in 

this rule. 

The second comment was submitted 

by the Virginia Department of 

Environmental Quality, Federal 

Consistency Coordinator. They 

suggested that the Atlantic Ocean, 

Virginia Beach Safety zone be relocated 

northward of the 14th street Fishing Pier 

into the vicinity of 17th street. The 

change was made in this final rule. 

Lastly, the Coast Guard revised the 

safety zone for (b.)24, Anacostia River, 

Washington, DC. The safety zone was 

moved approximately 500 yards 

southeast of the shoreline near 

Washington Nationals Ball Park to 

accommodate a barge launch platform. 

This change was made in the interest of 

enhancing safety by increasing the 

pyrotechnic fallout area over the 

Anacostia River. 

The Coast Guard is establishing 73 

safety zones on the specified 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. 


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Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15847 

Regulatory Planning and Review 

This rule 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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This finding is based on the short 

amount of time that vessels would be 

restricted from 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 

safety zones. Advance notifications 

would also be made to the local 

maritime community by issuing Local 

Notice to Mariners, Marine information 

and facsimile broadcasts so mariners 

may adjust their plans accordingly. 

Notifications to the public for most 

events will usually be made by local 

newspapers, radio and TV stations. The 

Coast Guard anticipates that these safety 

zones will only be enforced two to three 

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 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 established safety zones during the 

times these zones are enforced. 

This rule will impact mariners 

desiring to transit the area identified as 

a safety zone during the times identified 

within this final rule. The safety zones 

identified in this final rule 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 will be able 

to transit safely around the safety zones. 

Further, those seeking permission to 

enter the zone may contact the 

appropriate Captain of the Port or 

designated Coast Guard patrol personnel 

on scene to gain entry into the zone. 

Lastly, before the enforcement period, 

we will issue maritime advisories 

widely so as to allow mariners to plan 

accordingly. 

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 and in the SNPRM 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 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 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 

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 


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15848 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

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 0023.1 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 which 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, from further 

environmental documentation. This rule 

fits the category selected from paragraph 

(34)(g), as it would establish 73 safety 

zones. 

An environmental analysis checklist 

and a 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, 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. 1226, 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 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) Regulations. The following 

regulations apply to the fireworks safety 

zones listed in the Table to § 165.506. 

(1) The general regulations contained 

in 33 CFR 165.23 apply. 

(2) 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 transmitted 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. 

The public may also be notified about 

many of the listed marine events by 

local newspapers, radio and television 

stations. The various methods of 

notification provided by the Coast 

Guard and local community media 

outlets will facilitate informing mariners 

so they can adjust their plans 

accordingly. 

(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, 

Atlantic Beach, North Carolina: (252) 

247–4545. 

(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. 


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Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15849 

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 launch platform 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 ...................................... 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. 

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 4th ...................................... 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. 

11 ........ 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. 

12 ........ 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. 

13 ........ 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 yards radius of the 

fireworks barge located in approximate position latitude 

39°49′43.2′′ N, longitude 075°22′42′′ W. 

14 ........ September—3rd Saturday ......... Delaware River, Essington, PA, 

Safety Zone. 

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

Little Tinicum Island within a 250 yards radius of the fireworks 

barge located in the approximate position latitude 39°51′18′′ 

N, longitude 075°18′57′′ W. 

15 ........ 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. 


rwilkins on PROD1PC63 with RULES
15850 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / 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 

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′39.6′′ N, longitude 076°28′49′′ W; thence to latitude 38°58′41′′ N, longitude 

076°28′14′′ 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—3rd Friday, July 4th, December 31st.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 latitude 39°16′55′′ N, 

longitude 076°36′17′′ W, located at the entrance to Baltimore 

Inner Harbor, approximately 150 yards southwest of pier 6. 

7 .......... May—3rd 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′03′′ N, longitude 

076°36′36′′ W, located in Baltimore Inner Harbor, approximately 150 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. 

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

MD, Safety Zone. 

All waters of the Patuxent River within a 280 yard radius of the 

fireworks barge in approximate position latitude 38°19′06.6′′ N, 

longitude 076°26′10.1′′ W, approximately 1450 yards west of 

Drum Point, MD. 

10 ........ July 4th ...................................... Patuxent River, Solomons Island, Calvert County, MD, 

Safety Zone. 

All waters of the Patuxent River within a 400 yard radius of the 

fireworks barge located at latitude 38°19′03′′ N, longitude 

076°26′07.6′′ W. 

11 ........ July 4th ...................................... 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: latitude 

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

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

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

38°19′06′′ N, longitude 076°27′25′′ W; thence to the point of 

origin, located near Solomons Island, MD. 

12 ........ 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. 

13 ........ 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′33′′ 

N, longitude 076°31′48′′ W, located near Chesapeake Beach, 

Maryland. 

14 ........ 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. 

15 ........ July—2nd 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′18′′ N, 

longitude 077°15′00′′ W, approximately 700 yards north of the 

shoreline at Fairview Beach, Virginia. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15851 

TABLE TO § 165.506—Continued 

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

Number Date Location Regulated area 

16 ........ May—last Saturday, July 4th .... Potomac River, Charles County, 

MD—Mount Vernon, Safety 

Zone. 

All waters of the Potomac River within a 300 yard radius of the 

fireworks launch site near the Mount Vernon Estate, in Fairfax 

County, Virginia, located at latitude 38°42′24′′ N, longitude 

077°04′56′′ W. 

17 ........ 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′48′′ N, 

longitude 076°44′37′′ W, located adjacent to Dukeharts Channel near Coltons Point, Maryland. 

18 ........ July—Day before Independence 

Day holiday, November—last 

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′18′′ N, longitude 077°01′01′′ W; thence to latitude 38°47′11′′ N, longitude 

077°01′26′′ 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. 

19 ........ 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. 

20 ........ 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 the fireworks barge in approximate position latitude 38°47′42′′ N, longitude 076°12′23′′ W, located near the waterfront of St. Michaels, Maryland. 

21 ........ 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′48′′ N, 

longitude 076°10′38′′ W, approximately 500 yards northwest of 

the waterfront at Oxford, MD. 

22 ........ 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. 

23 ........ June—2nd or 3rd Saturday, 

July—1st or 2nd 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. 

24 ........ 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 350 yard radius of the 

fireworks barge in approximate position 38°52′16′′ N, 

077°00′13′′ W, approximately 500 yards southeast of the 

shoreline near Washington Nationals Ball Park. 

25 ........ June—last Saturday .................. 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′08′′ N, 

longitude 077°15′34′′ W, located near Cherry Hill, Virginia. 

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

1 .......... July 4th ...................................... 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 proposed 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, June 29th and July 

4th, August—1st and 4th 

Sunday, August 6th, 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. 


rwilkins on PROD1PC63 with RULES
15852 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / 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 

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 ....................... 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 south end of the State Route 

15 Highway Bridge. 

15 ........ May, June, July, August, September, October—every 

Wednesday, Friday, Saturday 

and Sunday, July 4th.

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—4th Saturday ......... 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. 

17 ........ August—4th Friday and Saturday.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. 

(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. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15853 

TABLE TO § 165.506—Continued 

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

Number Date Location Regulated area 

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 west 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′19′′ N, longitude 

077°03′20.5′′ 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 east of 

the entrance to Queen Anne Creek, Edenton, NC. 

10 ........ July 4th, November—4th Monday.Motts Channel, Banks Channel, 

Wrightsville Beach, NC, Safety Zone. 

All waters of Motts Channel within a 300 yard radius of the fireworks barge 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. 

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. 


rwilkins on PROD1PC63 with RULES
15854 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

Dated: February 19, 2009. 

Fred M. Rosa, Jr., 

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

Fifth Coast Guard District. 

[FR Doc. E9–7885 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0752] 

RIN 1625–AA87 

Security Zone; West Basin, Port 

Canaveral Harbor, Cape Canaveral, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard has 

established a security zone 

encompassing the navigable waters of 

the West Basin, Port Canaveral Harbor, 

Cape Canaveral, Florida. This security 

zone will be activated 4 hours prior to 

the scheduled arrival of a cruise ship at 

the West Basin. It is only enforceable 

during Maritime Security (MARSEC) 

Levels 2 and 3 or when there is a 

specific credible threat during MARSEC 

Level 1. This security zone will remain 

activated until the departure of all 

cruise ships from the West Basin. 

DATES: This rule is effective May 8, 

2009. 

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–2008–0752 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2008–0752 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at two locations: 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 and the Coast 

Guard Sector Jacksonville Prevention 

Department, 4200 Ocean Street, Atlantic 

Beach, Florida 32233, between 8 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Lieutenant Commander Mark Gibbs at 

Coast Guard Sector Jacksonville 

Prevention Department, Florida. Contact 

telephone is (904) 564–7563. 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 20, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Security Zone; West Basin, Port 

Canaveral Harbor, Cape Canaveral, 

Florida in the Federal Register (73 FR 

62235). We received three letters 

commenting on the rule. No public 

meeting was requested, and none was 

held. 

Background and Purpose 

The September 11, 2001, terrorist 

attacks on the World Trade Center 

complex in New York and the Pentagon 

in Arlington, Virginia, proved the 

devastating effects of subversive activity 

on U.S. critical infrastructure. Since that 

time, the Coast Guard has been taking 

action to ensure the security of maritime 

critical infrastructure and key resources 

throughout the country. 

Subversive activity towards cruise 

ships and their associated passengers 

and crew is of paramount concern to the 

Coast Guard. Therefore, in order to 

strengthen security and further control 

access to the West Basin, the Captain of 

the Port Jacksonville has decided, after 

consultation with the Northeast and 

Eastern Central Florida Area Maritime 

Security Committee and in cooperation 

with the Canaveral Port Authority, to 

implement a security zone 

encompassing the West Basin. This 

security zone is only enforceable during 

MARSEC Levels 2 and 3 or when there 

is a specified credible threat during 

MARSEC Level 1. 

As reflected in 33 CFR 101.105, 

MARSEC level means the level set to 

reflect the prevailing threat environment 

to the marine elements of the national 

transportation system, including ports, 

vessels, facilities, and critical assets and 

infrastructure located on or adjacent to 

waters subject to the jurisdiction of the 

U.S. The higher the level number, the 

greater the threat: 

MARSEC Level 1 means the level for which 

minimum appropriate protective security 

measures shall be maintained at all times. 

MARSEC Level 2 means the level for which 

appropriate additional protective security 

measures shall be maintained for a period of 

time as a result of heightened risk of a 

transportation security incident. 

MARSEC Level 3 means the level for which 

further specific protective security measures 

shall be maintained for a limited period of 

time when a transportation security incident 

is probable or imminent, although it may not 

be possible to identify the specific target. 

As specified in 33 CFR 101.300, the 

Captain of the Port will communicate 

any changes in the MARSEC levels 

through a local Broadcast Notice to 

Mariners, an electronic means, if 

available, or as detailed in the Area 

Maritime Security Plan developed 

under 46 U.S.C. 70103(b). 

Discussion of Comments and Changes 

The Coast Guard received three 

comments in response to the NPRM. 

One comment was received from a 

private citizen; one comment was 

received from the Navigation Safety 

Advisory Council (NAVSAC); and one 

comment was received from the Florida 

Fish and Wildlife Conservation 

Commission (FWC). 

The private citizen’s comment 

addressed his displeasure of a security 

zone being used to protect cruise ships 

in the West Basin of Port Canaveral 

Harbor. The commenter felt that cruise 

ships should build private ports and not 

be permitted to dock in public 

waterways. 

The Coast Guard took the individual’s 

comments into consideration; however 

the need to protect cruise ships and 

their passengers and crew is of 

paramount concern to the Coast Guard. 

The Coast Guard feels the best way to 

address this concern is to establish this 

security zone. Since this zone will only 

be active during MARSEC 2 and 3 or 

when there is a specific credible threat 

during MARSEC 1, the Coast Guard has 

determined there will be minimal 

impact on all waterways users. 

The comments from the NAVSAC and 

FWC addressed concerns pertaining to 

the rule’s notification to the public 

when the security zone is activated. 

They are of the opinion that a red flag 

on a 50-foot pole located at the east end 

of Cruise Ship terminal 10 would not be 

an appropriate means of notifying the 

public. The NAVSAC and FWC are 

concerned that the red flag could be 

mistaken as the ‘‘divers down’’ flag or 

the ‘‘bravo’’ flag. They are also of the 

opinion that law enforcement officers 

will be reluctant to enforce the 

regulation against vessel operators who 

claim not to have understood the 

meaning of the red flag. They believe 

the use of a red flag will make it more 

difficult to prosecute violators of the 

security zone because it will be harder 

to prove the element of knowledge. 

They feel prosecutors will be less likely 

to accept these cases and judges will be 

more likely to dismiss the charges. The 

NAVSAC and FWC recommend that a 

regulatory mark be placed at the 


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