[Federal Register: May 12, 2005 (Volume 70, Number 91)]
[Rules and Regulations]
[Page 24955-24959]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my05-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-05-013]
RIN 1625-AA00
Safety Zones; Fireworks Displays Within the Fifth Coast Guard
District
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard will establish 34 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 June 13, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-05-013 and are available for inspection or
copying at Commander (oax), Fifth Coast Guard District, Room 119, 431
Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 31, 2005, we published a notice of proposed rulemaking
(NPRM)
[[Page 24956]]
entitled Safety Zones; Fireworks Displays Within the Fifth Coast Guard
District in the Federal Register (70 FR 16463). We received one letter
commenting on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
The Coast Guard will establish 34 permanent safety zones that will
be enforced for fireworks displays occurring throughout the year that
are held on an annual basis and normally held in one of 34 locations.
The 34 locations are: Patuxent River Solomons Island, MD; Middle River,
MD; Northeast River, MD; Potomac River, Charles County, MD; Baltimore
Inner Harbor, Patapsco River, MD; Northwest Harbor (Western Section),
Patapsco River, MD; Northwest Harbor (East Channel), Patapsco River,
MD; Washington Channel, Upper Potomac River, Washington, DC; Dukeharts
Channel, Potomac River, Coltons Point, MD; Severn River and Spa Creek,
Annapolis, MD; Miles River, St. Michaels, MD; Chesapeake Bay,
Chesapeake Beach, MD; Choptank River, Cambridge, MD; Chester River,
Kent Island Narrows, MD; Atlantic Ocean, Ocean City, MD; Isle of Wight
Bay, MD; Assawoman Bay, Fenwick Island, MD; Atlantic Ocean, Rehoboth
Beach, DE; Indian River Bay, DE; Little Egg Harbor, NJ; Barnegat Bay,
NJ; Delaware Bay, North Cape May, NJ; Delaware River, Philadelphia, PA;
Morehead City Harbor Channel, Morehead City, NC; Green Creek and Smith
Creek, Oriental, NC; Pamlico River, Washington, NC; Neuse River, New
Bern, NC; Cape Fear River, Southport, NC; Cape Fear River, Wilmington,
NC; Upper Potomac River, Alexandria, VA; Potomac River, Prince William
County, VA; Chincoteague Channel, Chincoteague, VA; Atlantic Ocean,
Virginia Beach, VA; and Elizabeth River, Southern Branch, Norfolk, VA.
The Coast Guard received over 50 applications in these areas between
January 2004 and January 2005. Previously a temporary safety zone was
typically established on an emergency basis for each display.
Each year organizations in the Fifth Coast Guard District sponsor
fireworks displays in the same general location and time period. Each
event uses a barge or an on-shore site as the fireworks launch
platform. A safety zone is used to control vessel movement within a
specified distance surrounding the launch platforms to ensure the
safety of persons and property. Coast Guard personnel on scene will
allow persons within the safety zone if conditions permit. The Coast
Guard will publish notices in the Federal Register if an event sponsor
reported a change to the listed event venue or date. 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,
beginning 24 to 48 hours before the event is scheduled to begin, to
notify the public. Fireworks barges or launch sites on land used in the
locations stated in this rulemaking will also have a sign on the port
and starboard side of the barge or mounted on a post 3 feet above
ground level when on land and facing the water labeled ``FIREWORKS--
DANGER--STAY AWAY''. This will provide on scene notice that the safety
zone 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 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.
(e.s.t.) to 1 a.m. (e.s.t.). However, vessels may enter, remain in, or
transit through these safety zones during this timeframe if authorized
by the Captain of the Port or designated Coast Guard patrol personnel
on scene, as provided for in 33 CFR 165.23.
This rule is to provide for the safety of life on navigable waters
during the event.
Discussion of Comments and Changes
One letter was received commenting on this rule. The comments in
the letter indicated that the costs of the signs that provide on scene
notice with the words ``FIREWORKS'' ``DANGER'' ``STAY AWAY'' would be
prohibitive to fireworks production companies. Additionally, the
comments indicated that the fireworks signs would bring undue attention
to the presence of explosives in a particular area. The Coast Guard
considers the cost associated to comply with this regulation fair and
reasonable to ensure a safe event. The cost estimate provided in the
comments significantly overstated the actual cost of signage required
by this rule. The signs required by this rule will be posted only on
the days this rule is enforced, which will not cause undue attention to
the presence of explosives in the area. This rule's objective is to
provide mariners on scene notice and clearly establish safety zones by
using highly visible signs to ensure boating traffic stays well clear
of designated fireworks fall out areas. No change was made to this
regulation as a result of the comments received.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
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 may also be made
to notify the public. Additionally, the Coast Guard anticipates that
these safety zones will only be enforced 2 to 3 times per year.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This rule will effect the following entities some of
which may be small
[[Page 24957]]
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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact 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 would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. This rule fits the category selected from paragraph
(34)(g), as it would establish 34 safety zones.
A draft ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make the final decision on whether the rule should
be categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L.
[[Page 24958]]
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.506 to read as follows:
Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks
Displays.
(a) Locations. (1) Patuxent River, Solomons Island, MD, Safety
Zone. All waters of Patuxent River within a 300 yard radius of the
fireworks barge in an area bound by the following points:
38[deg]19'42'' N, 076[deg]28'02'' W; thence to 38[deg]19'26'' N,
076[deg]28'18'' W; thence to 38[deg]18'48'' N, 076[deg]27'42'' W;
thence to 38[deg]19'06'' N 076[deg]27'25'' W; (Datum NAD 1983), thence
to the point of origin, located near Solomons Island, MD.
(2) Middle River, Baltimore County, MD, Safety Zone. All waters of
the Middle River within a 300 yard radius of the fireworks barge in
approximate position 39[deg]17'45'' N, 076[deg]23'49'' W (Datum NAD
1983), approximately 300 yards east of Rockaway Beach, near Turkey
Point.
(3) Northeast River, North East, MD, Safety Zone. All waters of the
Northeast River within a 300 yard radius of the fireworks barge in
approximate position 39[deg]35'26'' N, 075[deg]57'00'' W (Datum NAD
1983), approximately 400 yards south of North East Community Park.
(4) Potomac River, Charles County, MD, Safety Zone. All waters of
the Potomac River within a 250 yard radius of the fireworks barge in
approximate position 38[deg]20'30'' N, 077[deg]14'30'' W (Datum NAD
1983), located near Fairview Beach, Virginia.
(5) Baltimore Inner Harbor, Patapsco River, MD, Safety Zone. All
waters of the Patapsco River within a 150 yard radius of the fireworks
barge in approximate position 39[deg]16'55'' N, 076[deg]36'17'' W
(Datum NAD 1983), located at the entrance to Baltimore Inner Harbor,
approximately 150 yards southwest of pier 6.
(6) Northwest Harbor, (Western Section) Patapsco River, MD, Safety
Zone. All waters of the Patapsco River within a 250 yard radius of the
fireworks barge in approximate position 39[deg]16'37'' N,
076[deg]35'54'' W (Datum NAD 1983), located near the western end of
Northwest Harbor.
(7) 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[deg]15'55'' N,
076[deg]34'35'' W (Datum NAD 1983), located adjacent to the East
Channel of Northwest Harbor.
(8) Washington Channel, Upper Potomac River, Washington, DC, Safety
Zone. All waters of the Upper Potomac River within a 150 yard radius of
the fireworks barge in approximate position 38[deg]52'09'' N,
077[deg]01'13'' W (Datum NAD 1983), located within the Washington
Channel in Washington Harbor, DC.
(9) Dukeharts Channel, Potomac River, MD, Safety Zone. All waters
of the Potomac River within a 150 yard radius of the fireworks barge in
approximate position 38[deg]1348'' N, 076[deg]44'37'' W (Datum NAD
1983), located adjacent to Dukeharts Channel near Coltons Point,
Maryland.
(10) Severn River and Spa Creek, Annapolis, MD, Safety Zone. All
waters of the Severn River and Spa Creek within an area bounded by a
line drawn from 38[deg]58'39.6'' N, 076[deg]28'49'' W; thence to
38[deg]58'41'' N, 076[deg]28'14'' W; thence to 38[deg]59'01'' N,
076[deg]28'37'' W; thence to 38[deg]58'57'' N, 076[deg]28'40'' W (Datum
NAD 1983), located near the entrance to Spa Creek in Annapolis,
Maryland.
(11) Miles River, St. Michaels, MD, Safety Zone. All waters of the
Miles River within a 200 yard radius of the fireworks barge in
approximate position 38[deg]47'42'' N, 076[deg]12'23'' W (Datum NAD
1983), located near the waterfront of St. Michaels, Maryland.
(12) Chesapeake Bay, Chesapeake Beach, MD, Safety Zone. All waters
of the Chesapeake Bay within a 150 yard radius of the fireworks barge
in approximate position 38[deg]41'33'' N, 076[deg]31'48'' W (Datum NAD
1983), located near Chesapeake Beach, Maryland.
(13) Choptank River, Cambridge, MD, Safety Zone. All waters of the
Choptank River within a 300 yard radius of the fireworks launch site at
Great Marsh Point, located at 38[deg]35'06'' N, 076[deg]04'46'' W
(Datum NAD 1983).
(14) Chester River, Kent Island Narrows, MD, Safety Zone. All
waters of the Chester River within a 250 yard radius of the fireworks
barge in approximate position 38[deg]58'51.6'' N, 076[deg]14'49.8'' W
(Datum NAD 1983), approximately 500 yards west of the northern approach
to Kent Island Narrows channel.
(15) Atlantic Ocean, Ocean City, MD, Safety Zone. All waters of the
Atlantic Ocean in an area bound by the following points:
38[deg]19'39.9'' N, 075[deg]05'03.2'' W; thence to 38[deg]19'36.7'' N,
075[deg]04'53.5'' W; thence to 38[deg]19'45.6'' N, 075[deg]04'49.3'' W;
thence to 38[deg]19'49.1'' N, 075[deg]05'00.5'' W; (Datum NAD 1983),
thence to point of origin. The size of the proposed zone extends
approximately 300 yards offshore from the fireworks launch area located
at the High Water mark on the beach.
(16) Isle of Wight Bay, Ocean City, MD, Safety Zone. All waters of
Isle of Wight Bay within a 350 yard radius of the fireworks barge in
approximate position 38[deg]22'32'' N, 075[deg]04'30'' W (Datum NAD
1983).
(17) Assawoman Bay, Fenwick Island--Ocean City, MD, Safety Zone.
All waters of Assawoman Bay within a 360 yard radius of the fireworks
launch location on the pier at the West end of Northside Park, in
approximate position 38[deg]25'57.6'' N, 075[deg]03'55.8'' W (Datum NAD
1983).
(18) Atlantic Ocean, Rehoboth Beach, DE, Safety Zone. All waters of
the Atlantic Ocean within a 360 yard radius of the fireworks barge in
approximate position 38[deg]43'01.2'' N, 075[deg]04'21'' W (Datum NAD
1983), approximately 400 yards east of Rehoboth Beach, DE.
(19) Indian River Bay, DE, Safety Zone. All waters of the Indian
River Bay within a 360 yard radius of the fireworks launch location on
the pier in approximate position 38[deg]36'42'' N, 075[deg]08'18'' W
(Datum NAD 1983), about 700 yards east of Pots Net Point, DE.
(20) Little Egg Harbor, Parker Island, NJ, Safety Zone. All waters
of Little Egg Harbor within a 500 yard radius of the fireworks barge in
approximate position 39[deg]34'18'' N, 074[deg]14'43'' W (Datum NAD
1983), approximately 100 yards north of Parkers Island.
(21) Barnegat Bay, Ocean Township, NJ, Safety Zone. All waters of
Barnegat Bay within a 500 yard radius of the fireworks barge in
approximate position 39[deg]47'33'' N, 074[deg]10'46'' W (Datum NAD
1983).
(22) Delaware Bay, North Cape May, NJ, Safety Zone. All waters of
the Delaware Bay within a 500 yard radius of the fireworks barge in
approximate position 38[deg]58'00'' N, 074[deg]58'30'' W (Datum NAD
1983).
(23) Delaware River, Philadelphia, PA, Safety Zone. All waters of
Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded
from shoreline to shoreline, bounded on the south by a line running
east to west from points along the shoreline at 39[deg]56'31.2'' N,
075[deg]08'28.1'' W; thence to 39[deg]56'29.1'' N, 075[deg]07'56.5'' W,
and bounded on the north by the Benjamin Franklin Bridge, (Datum NAD
1983).
(24) Morehead City Harbor Channel, NC, Safety Zone. All waters of
Morehead City Harbor Channel that fall within a 360 yard radius of
latitude 34[deg]43'01'' N, 076[deg]42'59.6'' W, a position located at
the west end of Sugar Loaf Island, NC.
(25) Cape Fear River, Wilmington, NC, Safety Zone. All waters of
the Cape Fear River within an area bound by a line drawn from the
following points: 34[deg]14'12'' N, 077[deg]57'07.2'' W; thence to
34[deg]14'12'' N, 077[deg]57'06'' W; thence to 34[deg]13'54'' N,
077[deg]57'00'' W;, thence to 34[deg]13'54'' N, 077[deg]57'06'' W;
thence to
[[Page 24959]]
the point of origin, (Datum NAD 1983), located 500 yards north of Cape
Fear Memorial Bridge.
(26) Cape Fear River, Southport, NC, Safety Zone. All waters of the
Cape Fear River within a 600 yard radius of the fireworks barge in
approximate position 33[deg]54'40'' N, 078[deg]01'18'' W (Datum NAD
1983), approximately 700 yards south of the waterfront at Southport,
NC.
(27) Green Creek and Smith Creek, Oriental, NC, Safety Zone. All
waters of Green Creek and Smith Creek that fall within a 300 yard
radius of the fireworks launch site at 35[deg]01'29.6'' N,
076[deg]42'10.4'' W (Datum NAD 1983), located near the entrance to the
Neuse River in the vicinity of Oriental, NC.
(28) Pamlico River, Washington, NC, Safety Zone. All waters of the
Pamlico River that fall within a 300 yard radius of the fireworks
launch site at 35[deg]32'19'' N, 077[deg]03'20.5'' W (Datum NAD 1983),
located 500 yards north of Washington railroad trestle bridge.
(29) Neuse River, New Bern, NC, Safety Zone. All waters of the
Neuse River within a 360 yard radius of the fireworks barge in
approximate position 35[deg]06'07.1'' N, 077[deg]01'35.8'' W (Datum NAD
1983), located 420 yards north of the New Bern, Twin Span, high rise
bridge.
(30) 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[deg]48'37'' N, 077[deg]02'02'' W
(Datum NAD 1983), located near the waterfront of Alexandria, Virginia.
(31) Potomac River, Prince William County, VA, Safety Zone. All
waters of the Potomac River within a 200 yard radius of the fireworks
barge in approximate position 38[deg]34'08'' N, 077[deg]15'34'' W
(Datum NAD 1983), located near Cherry Hill, Virginia.
(32) Chincoteague Channel, Chincoteague, VA, Safety Zone. All
waters of the Chincoteague Channel within a 360 yard radius of the
fireworks launch location at the Chincoteague carnival waterfront in
approximate position 37[deg]55'40.3'' N, 075[deg]23'10.7'' W (Datum NAD
1983), approximately 900 yards southwest of Chincoteague Swing Bridge.
(33) Atlantic Ocean, Virginia Beach, VA, Safety Zone. All waters of
the Atlantic Ocean enclosed within a 360 yard radius of the center
located on the beach at approximate position 36[deg]51'34.8'' N,
075[deg]58'30'' W (Datum NAD 1983).
(34) Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone:
All waters of Elizabeth River Southern Branch in an area bound by the
following points: 36[deg]50'54.8'' N, 076[deg]18'10.7'' W; thence to
36[deg]51'7.9'' N, 076[deg]18'01'' W; thence to 36[deg]50'45.6'' N,
076[deg]17'44.2'' W; thence to 36[deg]50'29.6'' N, 076[deg]17'23.2'' W;
thence to 36[deg]50'7.7'' N, 076[deg]17'32.3'' W; thence to
36[deg]49'58'' N, 076[deg]17'28.6'' W; thence to 36[deg]49'52.6'' N,
076[deg]17'43.8'' W; thence to 36[deg]50'27.2'' N, 076[deg]17'45.3'' W
thence to the point of origin,(Datum NAD 1983).
(b) Notification. (1) Fireworks barges and launch sites on land in
paragraph (a) of this section shall have a sign on the port and
starboard side of the barge or mounted on a post 3 foot above ground
level when on land and facing the water labeled ``FIREWORKS--DANGER--
STAY AWAY''. This will provide on scene notice that the safety zone
will be enforced on that day. This notice will consist of a diamond
shaped sign 4 foot by 4 foot with a 3-inch orange retro-reflective
border. The word ``DANGER'' shall be 10 inch black block letters
centered on the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in
6 inch black block letters placed above and below the word ``DANGER''
respectively on a white background.
(2) Coast Guard Captains of the Port in the Fifth Coast Guard
District will notify the public of the enforcement of these safety
zones by all appropriate means to effect the widest publicity among the
affected segments of the public, including publication in the local
notice to mariners, marine information broadcasts, and facsimile
broadcasts may be made for these events, beginning 24 to 48 hours
before the event is scheduled to begin, to notify the public.
(c) Enforcement Period. The safety zones in paragraph (a) of this
section will be enforced from 5:30 p.m. to 1 a.m. each day a barge with
a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port and starboard side
is on-scene or a ``FIREWORKS--DANGER--STAY AWAY'' sign is posted on
land, in a location listed in paragraph (a) of this section. Vessels
may not enter, remain in, or transit through the safety zones during
these enforcement periods unless authorized by the Captain of the Port
or designated Coast Guard patrol personnel on scene.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. Those personnel are compromised of commissioned, warrant,
and petty officers of the Coast Guard. Other Federal, State and local
agencies may assist these personnel in the enforcement of the safety
zone. Upon being hailed by the U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed.
(e) Definitions.
Captain of the Port means any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on his or her behalf.
State or local law enforcement officers mean any State or local
government law enforcement officer who has the authority to enforce
State criminal laws.
Dated: May 3, 2005.
Lawrence J. Bowling,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 05-9436 Filed 5-11-05; 8:45 am]
BILLING CODE 4910-15-P