[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Proposed Rules]
[Pages 7131-7142]
[FR Doc No: 2011-2863]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0559]
RIN 1625-AA00

Safety Zones; Eleventh Coast Guard District Annual Fireworks
Events

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend the listing of permanent
safety zones to ensure public safety during annual firework displays at
various locations in the Eleventh Coast Guard District. These
amendments will standardize the safety zone language, update listed
events, delete events that are no longer occurring, add new unlisted
annual fireworks events to the regulations, and standardize the format
for all tables in these four sections. When these safety zones are
activated, and thus subject to enforcement, this rule would limit the
movement of vessels within the established firework display area.

DATES: Comments and related material must be received by the Coast
Guard on or before March 11, 2011. Requests for public meetings must be
received by the Coast Guard on or before March 1, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0559 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Junior Grade Lucas Mancini, Eleventh
Coast Guard District Prevention Division, Waterways Management Branch,
Coast Guard; telephone<PHONE_NUMBER> e-mail<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to  http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0559), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0559'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0559'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Lieutenant Junior Grade Lucas Mancini at the telephone number
or email address indicated under the FOR FURTHER INFORMATION CONTACT
section of this notice.

Basis and Purpose

    Firework displays are held annually on a recurring basis on the
navigable waters within the Eleventh Coast Guard District. Many of the
annual firework events requiring safety zones do not currently reflect
changes in actual dates and other required information. These safety
zones are necessary to provide for the safety of the crew, spectators,
participants of the event, participating vessels, and other users and
vessels of the waterway from the hazards associated with firework
displays. This proposed rule will also provide the public current
information on safety zone locations, size, and length of time the
zones will be active.
    The effect of these proposed safety zones will be to restrict
general navigation in the vicinity of the events, from the start of
each event until the conclusion of that event. These areas will be
patrolled at the discretion of the Coast Guard. Except for persons or
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the regulated area. These regulations are
needed to keep spectators and vessels a safe distance away from the
firework displays to ensure the safety of participants, spectators, and
transiting vessels.
    33 CFR 165.1191 has not been updated recently and Section 165.1123,
165.1124, and 165.1125 need to be added to include In addition,
information for those events that continue to occur has changed in some
cases and requires updating. Also, there are minor corrections required
in the regulatory text. Finally, amending the text will create

Discussion of Proposed Rule

    The Coast Guard is proposing to revise 33 CFR 165.1191, and add 33
CFR 165.1123, 165.1124, 165.1125. These amendments are necessary to
provide the public with current information on the annual firework
displays occurring within the Eleventh Coast Guard District. 33 CFR
165.1191 will be revised to conform existing regulatory language for
regulations establishing permanent safety zones for annual firework
events within the Eleventh Coast Guard District. Additionally, the
Coast Guard proposes to add 33 CFR 165.1123, 165.1124, and 165.1125 to
establish safety zones for annual firework events in two Southern
California Captain of the Port Zones and on the Colorado River between
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).
    Table 1 for each of the listed sections will be updated or added as
follows: update with current information existing events, add
previously unlisted events, and delete listed events that the Coast
Guard has been unable to verify as continuing.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed 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 proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This rule is
not a significant regulatory action because the regulations exist for a
limited period of time on a limited portion of the waterways.
Furthermore, individuals and vessels desiring to use the affected
portion of the waterways may seek permission from the Patrol Commander
to use the affected areas.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. We expect this proposed rule will affect the
following entities, some of which may be small entities: Owners and
operators of vessels intending to fish, sightsee, transit, or anchor in
the waters affected by these safety zones. These regulations will not
have a significant economic impact on a substantial number of small
entities for several reasons: Small vessel traffic will be able to pass
safely around the area and vessels engaged in event activities,
sightseeing and commercial fishing have ample space outside of the area
governed by the special local regulations to engage in these
activities. Small entities and the maritime public will be advised of
implementation of the safety zone via public notice to mariners or
notice of implementation published in the Federal Register.
    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 proposed 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 Lieutenant Junior Grade Lucas
Mancini, Eleventh Coast Guard District Prevention Division, Waterways
Management Branch, Coast Guard; telephone<PHONE_NUMBER> e-mail
<EMAIL_ADDRESS>The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

Collection of Information

    This proposed 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 proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed 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 proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 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. Add Sec.  165.1123 with the following:

Sec.  165.1123  Southern California Annual Firework Events for the San
Diego Captain of the Port Zone.

    (a) General. Safety zones are established for the events listed in
Table 1 of this section. Further information on exact dates, times, and
other details concerning the exact geographical description of the
areas are published by the Eleventh Coast Guard District in the Local
Notice to Mariners at least 20 days prior to the event.
    (b) Regulations. All persons and vessels not registered with the
sponsor as participants or as official patrol vessels are considered
spectators. The ``official patrol'' consists of any Coast Guard; other
Federal, state, or local law enforcement; and any public or sponsor-
provided vessels assigned or approved by the cognizant Coast Guard
Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
safety zone during all applicable effective dates and times unless
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any
spectator located within a safety zone during all applicable effective
dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the safety zone. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative; and will be located aboard the lead official patrol
vessel. As the Sector Commander's representative, the PATCOM may
terminate the event any time it is deemed necessary for the protection
of life and property. PATCOM may be reached on VHF-FM Channel 13
(156.65 MHz) or 16 (156.8 MHz) when required, by the call sign
``PATCOM.''
    (4) The Patrol Commander may, upon request, allow the transit of
commercial vessels through the safety zone when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or
local agencies.

                       Table 1 to Sec.   165.1123
             [All coordinates referenced use datum NAD 83.]
------------------------------------------------------------------------

------------------------------------------------------------------------
                                   1. San Diego, CA POPS Fireworks
                                    Display
------------------------------------------------------------------------
Sponsor..........................  Fireworks America.
Event Description................  Fireworks Display.
Date.............................  Friday/Saturday/Sunday Last weekend
                                    of June through first weekend of
                                    September.
Location.........................  San Diego Bay South Embarcadero.
Regulated Area...................  800-foot radius safety zone around
                                    tug/barge combination.
------------------------------------------------------------------------
                                   2. Fourth of July Fireworks, Mission
                                    Bay
------------------------------------------------------------------------
Sponsor..........................  Mission Bay 4th of July Fireworks.
Event Description................  Fireworks Display.
Date.............................  July 3rd and 4th.
Location.........................  Mission Bay/Paradise Point and Sail
                                    Bay, CA.
Regulated Area...................  800-foot radius safety zone around
                                    tug/barge combination.
------------------------------------------------------------------------

                                   3. Coronado Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor..........................  Coronado, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Glorietta Bay, CA.
Regulated Area...................  All navigable waters of San Diego Bay
                                    in San Diego, CA within a 1200 foot
                                    radius of the fireworks barge
                                    located at approximately
                                    32[deg]40'41'' N, 117[deg]10'11'' W.
                                    Note: This will result in no through
                                    vessel traffic of Glorietta Bay for
                                    the duration of the fireworks
                                    display.
------------------------------------------------------------------------
                                   4. San Diego Parade of Lights
                                    Fireworks Display
------------------------------------------------------------------------
Sponsor..........................  Greater Shelter Island Association.
Event Description................  Boat Parade.
Date.............................  Late December.
Location.........................  San Diego Harbor.
Regulated Area...................  The northern portion of the San Diego
                                    Main Ship Channel from Seaport
                                    Village to the Shelter Island Basin.
------------------------------------------------------------------------

    3. Add Sec.  165.1124 to read as follows:

Sec.  165.1124  Annual Firework Events on the Colorado River, between
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).

    (a) General. Safety zones are established for the events listed in
Table 1 of this section. Further information on exact dates, times, and
other details concerning the exact geographical description of the
areas are published by the Eleventh Coast Guard District in the Local
Notice to Mariners at least 20 days prior to the event.
    (b) Regulations. All persons and vessels not registered with the
sponsor as participants or as official patrol vessels are considered
spectators. The ``official patrol'' consists of any Coast Guard; other
Federal, state, or local law enforcement; and any public or sponsor-
provided vessels assigned or approved by the cognizant Coast Guard
Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
safety zone during all applicable effective dates and times unless
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any
spectator located within a safety zone during all applicable effective
dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the safety zone. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative; and will be located aboard the lead official patrol
vessel. As the Sector Commander's representative, the PATCOM may
terminate the event any time it is deemed necessary for the protection
of life and property. PATCOM may be reached on VHF-FM Channel 13
(156.65 MHz) or 16 (156.8 MHz) when required, by the call sign
``PATCOM.''
    (4) The Patrol Commander may, upon request, allow the transit of
commercial vessels through the safety zone when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or
local agencies.

                       Table 1 to Sec.   165.1124
             [All coordinates referenced use datum NAD 83.]
------------------------------------------------------------------------

------------------------------------------------------------------------
                                   1. Avi Resort & Casino Memorial Day
                                    Fireworks
------------------------------------------------------------------------
Sponsor..........................  Avi Resort & Casino.
Event Description................  Fireworks Display.
Date.............................  Sunday before Memorial Day.
Location.........................  Laughlin, NV.
Regulated Area...................  River closure from 8 p.m.-10 p.m. The
                                    safety zone includes all navigable
                                    waters of the lower Colorado River
                                    at Laughlin, NV encompassed by the
                                    following coordinates:
                                    35[deg]01'05'' N, 114[deg]38'20'' W;
                                    35[deg]01'05'' N, 114[deg]38'15'' W;
                                    along the shoreline to
                                    35[deg]00'50'' N, 114[deg]38'13'' W;
                                    35[deg]00'49'' N, 114[deg]38'18'' W;
                                    along the shoreline to
                                    35[deg]01'05'' N, 114[deg]38'20'' W.
------------------------------------------------------------------------
                                   2. Rockets over the River
------------------------------------------------------------------------
Sponsor..........................  Laughlin Tourism Committee.
Event Description................  Fireworks Display.
Date.............................  First week in July.
Location.........................  Laughlin, NV.
Regulated Area...................  The temporary safety zone is
                                    specifically defined as all
                                    navigable waters of the lower
                                    Colorado River at Laughlin, NV
                                    encompassed by the following
                                    coordinates: 35[deg]09'53'' N,
                                    114[deg]34'15'' W; 35[deg]09'53'' N,
                                    114[deg]34'07'' W; along the
                                    shoreline to 35[deg]09'25'' N,
                                    114[deg]34'09'' W; 35[deg]09'06'' N,
                                    114[deg]34'17'' W; along the
                                    shoreline to 35[deg]09'53'' N,
                                    114[deg]34'15'' W.
------------------------------------------------------------------------
                                   3. Avi Resort & Casino Fourth of July
                                    Fireworks
------------------------------------------------------------------------
Sponsor..........................  Avi Resort & Casino.
Event Description................  Fireworks Display.

Date.............................  First week in July.
Location.........................  Laughlin, NV.
Regulated Area...................  River closure from 8 p.m.-10 p.m. The
                                    safety zone includes all navigable
                                    waters of the lower Colorado River
                                    at Laughlin, NV encompassed by the
                                    following coordinates:
                                    35[deg]01'05'' N, 114[deg]38'20'' W;
                                    35[deg]01'05'' N, 114[deg]38'14'' W;
                                    along the shoreline to
                                    35[deg]00'50'' N, 114[deg]38'13'' W;
                                    35[deg]00'49'' N, 114[deg]38'18'' W;
                                    along the shoreline to
                                    35[deg]01'05'' N, 114[deg]38'20'' W.
------------------------------------------------------------------------
                                   4. Avi Resort & Casino Labor Day
                                    Fireworks
------------------------------------------------------------------------
Sponsor..........................  Avi Resort & Casino.
Event Description................  Fireworks Display.
Date.............................  Sunday before Labor Day.
Location.........................  Laughlin, NV.
Regulated Area...................  River closure from 8 p.m.-10 p.m. The
                                    safety zone includes all navigable
                                    waters of the lower Colorado River
                                    at Laughlin, NV encompassed by the
                                    following coordinates:
                                    35[deg]01'05'' N, 114[deg]38'20'' W;
                                    35[deg]01'05'' N, 114[deg]38'15'' W;
                                    along the shoreline to
                                    35[deg]00'20'' N, 114[deg]38'13'' W;
                                    35[deg]00'49'' N, 114[deg]38'18'' W;
                                    along the shoreline to
                                    35[deg]01'05'' N, 114[deg]38'20'' W.
------------------------------------------------------------------------

    4. Add Sec.  165.1125 to read as follows:

Sec.  165.1125  Southern California Annual Firework Events for the Los
Angeles Long Beach Captain of the Port Zone.

    (a) General. Safety zones are established for the events listed in
Table 1 of this section. Further information on exact dates, times, and
other details concerning the exact geographical description of the
areas are published by the Eleventh Coast Guard District in the Local
Notice to Mariners at least 20 days prior to the event.
    (b) Regulations. All persons and vessels not registered with the
sponsor as participants or as official patrol vessels are considered
spectators. The ``official patrol'' consists of any Coast Guard; other
Federal, state, or local law enforcement; and any public or sponsor-
provided vessels assigned or approved by the cognizant Coast Guard
Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
safety zone during all applicable effective dates and times unless
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any
spectator located within a safety zone during all applicable effective
dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the safety zone. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative; and will be located aboard the lead official patrol
vessel. As the Sector Commander's representative, the PATCOM may
terminate the event any time it is deemed necessary for the protection
of life and property. PATCOM may be reached on VHF-FM Channel 13
(156.65 MHz) or 16 (156.8 MHz) when required, by the call sign
``PATCOM.''
    (4) The Patrol Commander may, upon request, allow the transit of
commercial vessels through the safety zone when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or
local agencies.

                       Table 1 to Sec.   165.1125
             [All coordinates referenced use datum NAD 83.]
------------------------------------------------------------------------

------------------------------------------------------------------------
                                   1. Cambria American Legion Post
                                    Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor..........................  Cambria American Legion Post.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Shamel Beach, Cambria, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   2. LA County Dept of Beach and
                                    Harbors 4th of July Fireworks
------------------------------------------------------------------------
Sponsor..........................  Los Angeles, CA County Dept of Beach
                                    and Harbors.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Main Ship Channel of Marina Del Rey,
                                    CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   3. Fourth of July Fireworks, City of
                                    Dana Point
------------------------------------------------------------------------
Sponsor..........................  City of Dana Point, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Offshore Dana Point Harbor, CA.

Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   4. Fourth of July Fireworks, City of
                                    Long Beach
------------------------------------------------------------------------
Sponsor..........................  City of Long Beach, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Long Beach Harbor, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   5. Fourth of July Fireworks, Irvine
                                    Cove Community Association
------------------------------------------------------------------------
Sponsor..........................  Irvine Cove Community Association.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Offshore Laguna Beach, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   6. Fourth of July Fireworks, Emerald
                                    Bay Community Association
------------------------------------------------------------------------
Sponsor..........................  Emerald Bay Community Association.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Offshore Laguna Beach, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   7. Fourth of July Fireworks, Morro
                                    Bay CoC
------------------------------------------------------------------------
Sponsor..........................  Morro Bay Chamber of Commerce.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Offshore Morro Bay State Park.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   8. Fourth of July Fireworks, Catalina
                                    Island CoC
------------------------------------------------------------------------
Sponsor..........................  Catalina Island Chamber of Commerce.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Avalon Bay, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   9. Fourth of July Fireworks, City of
                                    Santa Barbara
------------------------------------------------------------------------
Sponsor..........................  City of Santa Barbara, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Harbor Entrance of Santa Barbara, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   10. Fourth of July Fireworks, City of
                                    Faria
------------------------------------------------------------------------
Sponsor..........................  City of Faria, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Offshore Faria Beach, CA
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------

                                   11. Fourth of July Fireworks, City of
                                    Redondo Beach
------------------------------------------------------------------------
Sponsor..........................  City of Redondo Beach, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Offshore Redondo Beach, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   12. Fourth of July Fireworks, City of
                                    San Pedro
------------------------------------------------------------------------
Sponsor..........................  City of San Pedro, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Offshore Cabrillo Beach, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   13. Fourth of July Fireworks, City of
                                    Cayucos
------------------------------------------------------------------------
Sponsor..........................  City of Cayucos, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Cayucos Pier.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------

    5. Revise Sec.  165.1191 to read as follows:

Sec.  165.1191  Northern California and Lake Tahoe Area Annual
Fireworks Events.

    (a) General. Safety zones are established for the events listed in
Table 1 of this section. Further information on exact dates, times, and
other details concerning the exact geographical description of the
areas are published by the Eleventh Coast Guard District in the Local
Notice to Mariners at least 20 days prior to the event.
    (b) Regulations. All persons and vessels not registered with the
sponsor as participants or as official patrol vessels are considered
spectators. The ``official patrol'' consists of any Coast Guard; other
Federal, state, or local law enforcement; and any public or sponsor-
provided vessels assigned or approved by the cognizant Coast Guard
Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
safety zone during all applicable effective dates and times unless
cleared to do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any
spectator located within a safety zone during all applicable effective
dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the safety zone. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative; and will be located aboard the lead official patrol
vessel. As the Sector Commander's representative, the PATCOM may
terminate the event any time it is deemed necessary for the protection
of life and property. PATCOM may be reached on VHF-FM Channel 13
(156.65 MHz) or 16 (156.8 MHz) when required, by the call sign
``PATCOM.''
    (4) The Patrol Commander may, upon request, allow the transit of
commercial vessels through the safety zone when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or
local agencies.

                       Table 1 to Sec.   165.1191
             [All coordinates referenced use datum NAD 83.]
------------------------------------------------------------------------

------------------------------------------------------------------------
                                   1. San Francisco Giants Fireworks
                                    Display
------------------------------------------------------------------------
Sponsor..........................   San Francisco Giants Baseball Team.
Event Description................  Fireworks display in conjunction with
                                    baseball season home games.
Date.............................   All season home games at AT&T Park.
Location.........................   1,000 feet off of Pier 48.
Regulated Area...................   100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   2. KFOG KaBoom
------------------------------------------------------------------------
Sponsor..........................  KFOG Radio, San Francisco, CA.
Event Description................  Fireworks Display.

Date.............................  Second or Third Saturday in May.
Location.........................  1,200 feet off Candlestick Point, San
                                    Francisco, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   3. Fourth of July Fireworks, City of
                                    Eureka
------------------------------------------------------------------------
Sponsor..........................  City of Eureka, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Humboldt Bay, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   4. Fourth of July Fireworks, Crescent
                                    City
------------------------------------------------------------------------
Sponsor..........................  Crescent City, CA.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Crescent City Harbor.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   5. Fourth of July Fireworks, City of
                                    Monterey
------------------------------------------------------------------------
Sponsor..........................  City of Monterey, CA: Recreation &
                                    Community Services Department.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Monterey Bay, CA: East of Municipal
                                    Wharf 2.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   6. Light up the Sky Fireworks Display/
                                    Pillar Point Harbor Fireworks
------------------------------------------------------------------------
Sponsor..........................  Various sponsors.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Half Moon Bay, CA.
Regulated Area...................  Pillar Point Harbor within the area
                                    of navigable waters within a 1,000-
                                    foot radius of the launch platform
                                    located on the harbor break wall.
------------------------------------------------------------------------
                                   7. Peninsula Fireworks Spectacular,
                                    Redwood City
------------------------------------------------------------------------
Sponsor..........................  Peninsula Celebration Association.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Redwood City, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   8. San Francisco Independence Day
                                    Fireworks Display
------------------------------------------------------------------------
Sponsor..........................  The City of San Francisco, CA and the
                                    Fisherman's Wharf Association.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location 1.......................  A barge located approximately 1000
                                    feet off San Francisco Pier 39 at
                                    approximately 37[deg]48[min]49[sec]
                                    N, 122[deg]24[min]46[sec] W.
Location 2.......................  The end of the San Francisco
                                    Municipal Pier at Aquatic Park at
                                    approximately 37[deg]48[min]38[sec]
                                    N, 122[deg]24[min]30[sec] W.
Regulated Area 1.................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
Regulated Area 2.................  The area of navigable waters within a
                                    1,000-foot radius of the launch
                                    platform located on the Municipal
                                    Pier.
------------------------------------------------------------------------
                                   9. Jack London Square Fourth of July
                                    Fireworks
------------------------------------------------------------------------
Sponsor..........................  Jack London Square Business
                                    Association.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Oakland Inner Harbor, CA.

Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   10. Fourth of July Fireworks, Berkley
                                    Marina
------------------------------------------------------------------------
Sponsor..........................  Berkeley Marina.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Berkeley Pier, CA.
Regulated Area...................  The area of navigable waters within a
                                    1,000-foot radius of the launch
                                    platform located on the Berkeley
                                    Pier.
------------------------------------------------------------------------
                                   11. Fourth of July Fireworks, City of
                                    Richmond
------------------------------------------------------------------------
Sponsor..........................  City of Richmond.
Event Description................  Fireworks Display.
Date.............................  Week of July 4th.
Location.........................  Richmond Harbor, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   12. Fourth of July Fireworks, City of
                                    Sausalito
------------------------------------------------------------------------
Sponsor..........................  City of Sausalito.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  1,000 feet off-shore from Sausalito,
                                    CA waterfront, north of Spinnaker
                                    Restaurant.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   13. Fourth of July Fireworks, City of
                                    Martinez
------------------------------------------------------------------------
Sponsor..........................  City of Martinez.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Carquinez Strait, CA.
Regulated Area...................  The area of navigable waters within a
                                    1,000-foot radius of the launch
                                    platform located on a Martinez
                                    Marina Pier.
------------------------------------------------------------------------
                                   14. Fourth of July Fireworks, City of
                                    Antioch
------------------------------------------------------------------------
Sponsor..........................  City of Antioch.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  San Joaquin River, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the moving fireworks
                                    display.
------------------------------------------------------------------------
                                   15. Fourth of July Fireworks, City of
                                    Pittsburg
------------------------------------------------------------------------
Sponsor..........................  City of Pittsburg.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Suisun Bay, CA.
Regulated Area...................  The area of navigable waters within a
                                    1,000-foot radius of the launch
                                    platform located on a Pittsburg
                                    Marina Pier.
------------------------------------------------------------------------
                                   16. Independence Day Celebration,
                                    City of Stockton
------------------------------------------------------------------------
Sponsor..........................  City of Stockton.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Stockton, CA Deep Water Ship Channel.
Regulated Area...................  The area of navigable waters from the
                                    Port of Stockton to Mcleod Lake;
                                    beginning at 37[deg]57[min]06[sec]
                                    N, 121[deg]19[min]35[sec] W, then
                                    north to 37[deg]57[min]10[sec] N,
                                    121[deg]19[min]36[sec] W, then north-
                                    east 37[deg]57[min]24[sec] N,
                                    121[deg]17[min]35[sec] W, south-west
                                    37[deg]57[min]15[sec] N,
                                    121[deg]17[min]41[sec] W, then south-
                                    east 37[deg]57[min]14[sec] N,
                                    121[deg]17[min]31[sec] W, and then
                                    back to the beginning point.
------------------------------------------------------------------------
                                   17. Hilton Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor..........................  Hilton Corporation.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  San Joaquin River, near Venice
                                    Island, CA.

Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   18. Fourth of July Fireworks Display,
                                    Tahoe City, CA
------------------------------------------------------------------------
Sponsor..........................  Tahoe City Rotary.
Event Description................  Fireworks Display.
Date.............................  July 4th.
 Location........................  Off-shore from Common Beach, Tahoe
                                    City, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   19. Fourth of July Fireworks Display,
                                    Glenbrook, NV
------------------------------------------------------------------------
Sponsor..........................  Glenbrook Community Homeowners
                                    Association.
Event Description................  Fireworks Display.
Date.............................  July 4th.
Location.........................  Off-shore Glenbrook Beach, NV.
 Regulated Area..................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   20. Independence Day Fireworks, Kings
                                    Beach, CA
------------------------------------------------------------------------
Sponsor..........................  North Tahoe Business Association.
Event Description................  Fireworks Displays.
Date.............................  Week of July 4th.
Location.........................  Off-shore from Kings Beach, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   21. ``Lights on the Lake'' Fourth of
                                    July Fireworks, South Lake Tahoe, CA
------------------------------------------------------------------------
Sponsor..........................  Various Sponsors.
Event Description................  Fireworks Display.
Date.............................  Week of July 4th.
Location.........................  Off South Lake Tahoe, CA near the NV
                                    Border.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   22. Red, White, and Tahoe Blue
                                    Fireworks, Incline Village, NV
------------------------------------------------------------------------
Sponsor..........................  Various Sponsors.
 Event Description...............  Fireworks Display.
Date.............................  Week of July 4th.
Location.........................  500-1,000 feet off Incline Village,
                                    NV in Crystal Bay.
 Regulated Area..................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   23. Independence Day Fireworks
                                    Display, Homewood, CA
------------------------------------------------------------------------
Sponsor..........................  Westshore Caf[eacute].
Event Description................  Fireworks Display.
Date.............................  Week of July 4th.
Location.........................  Homewood, CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   24. ``Labor Day Fireworks Display''
                                    South Lake Tahoe, CA
------------------------------------------------------------------------
Sponsor..........................  Various Sponsors.
Event Description................  Fireworks Display.
Date.............................  Labor Day.
Location.........................  Off South Lake Tahoe, California near
                                    the Nevada Border.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------

                                   25. Fleet Week Fireworks
------------------------------------------------------------------------
Sponsor..........................  Various Sponsors.
Event Description................  Fireworks Display.
Date.............................  Second Friday and Saturday in
                                    October.
Location.........................  1,000 feet off Pier 3, San Francisco,
                                    CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   26. Monte Foundation Fireworks
------------------------------------------------------------------------
Sponsor..........................  Monte Foundation Fireworks.
Event Description................  Fireworks Display.
Date.............................  Second Saturday in October.
Location.........................  Sea Cliff State Beach Pier in Aptos,
                                    CA.
Regulated Area...................  1000-foot safety zone around the
                                    navigable waters of the Sea Cliff
                                    State Beach Pier.
------------------------------------------------------------------------
                                   27. Rio Vista Bass Derby Fireworks
------------------------------------------------------------------------
Sponsor..........................  Rio Vista Chamber of Commerce.
Event Description................  Fireworks Display.
Date.............................  Second Saturday in October.
Location.........................  500 feet off Rio Vista, CA
                                    waterfront.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   28. San Francisco New Years Eve
                                    Fireworks Display
------------------------------------------------------------------------
Sponsor..........................  City of San Francisco.
Event Description................  Fireworks Display.
Date.............................  New Years Eve, December 31st.
Location.........................  1,000 feet off Pier 2, San Francisco,
                                    CA.
Regulated Area...................  100-foot radius around the fireworks
                                    launch barge during the loading of
                                    pyrotechnics aboard the fireworks
                                    barge and during the transit of the
                                    fireworks barge from the loading
                                    location to the display location.
                                    Increases to a 1000-foot radius upon
                                    commencement of the fireworks
                                    display.
------------------------------------------------------------------------
                                   29. Sacramento New Years Eve
                                    Fireworks Display
------------------------------------------------------------------------
Sponsor..........................  Sacramento Convention and Visitors'
                                    Bureau.
Event Description................  Fireworks Display.
Date.............................  New Years Eve, December 31st.
Location.........................  Near Tower Bridge, Sacramento River.
 Regulated Area..................  The navigable waters of the
                                    Sacramento River surrounding the
                                    shore-based launch locations between
                                    two lines drawn 1,000 feet south of
                                    Tower Bridge, and 1,000 feet north
                                    of the I Street Bridge.
------------------------------------------------------------------------

    Dated: December 21, 2010.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2011-2863 Filed 2-8-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Notices]
[Page 70907-70909]
[DOCID:fr13de07-104]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56926; File No. SR-OPRA-2007-05]

Options Price Reporting Authority; Notice of Filing of Proposed
Amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information To Adopt New Form of Rider to OPRA's
Vendor Agreement for Use by Television Companies That Wish To
Disseminate OPRA Data

 December 7, 2007.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on December 6, 2007, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and

Quotation Information (``OPRA Plan'').\3\ The proposed OPRA Plan
amendment would adopt a new form of Television Dissemination Rider to
OPRA's Vendor Agreement for use by television companies that wish to
disseminate current OPRA Data via a passive scrolling or ticker
television display. OPRA's Fee Schedule would be modified to
incorporate the fee that OPRA would charge for the dissemination of
OPRA Data in the manner discussed below. The Commission is publishing
this notice to solicit comments from interested persons on the proposed
OPRA Plan amendment.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981). The full text of the OPRA Plan is available at http://www.opradata.com
.

    The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The six participants to the OPRA Plan are
the American Stock Exchange LLC, the Boston Stock Exchange, Inc.,
the Chicago Board Options Exchange, Incorporated, the International
Securities Exchange, LLC, the NYSE Arca, Inc., and the Philadelphia
Stock Exchange, Inc.
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I. Description and Purpose of the Amendment

    OPRA proposes to amend its national market system plan by adopting
a new form of Rider to its Vendor Agreement for use by television
companies that wish to disseminate current OPRA Data from OPRA's Basic
Service via a passive scrolling or ticker television display. The OPRA
Fee Schedule would be modified to incorporate the fee that OPRA would
charge for the dissemination of OPRA Data in the manner discussed
below.\4\
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    \4\ OPRA has filed two other filings that will affect its Fee
Schedule upon or following their effectiveness: SR-OPRA-2007-03
(eliminating the ``FCO Service'' column on the Fee Schedule when all
currently outstanding physical delivery FCOs are eliminated by
expiration or by closing transaction, which could be as late as
March 14, 2008); and SR-OPRA-2007-04 (amending the Fee Schedule to
specify Professional Subscriber Device-Based Fees commencing as of
January 1 of 2008, 2009 and 2010). The changes proposed in those
filings do not affect the changes proposed to the Fee Schedule in
this filing.
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    A company that disseminates current OPRA Data to third parties is a
``Vendor'' for OPRA's purposes, and is therefore required to sign
OPRA's Vendor Agreement. As a general matter, OPRA's Vendor Agreement
states that any person that receives current OPRA Data from a Vendor is
a ``Subscriber'' and requires the Vendor to cause each of its
Subscribers to agree to a Subscriber Agreement, either with the Vendor
for the benefit of OPRA, or directly with OPRA. The new form of Rider
states that this requirement does not apply to persons that receive
OPRA Data in the form of a passive scrolling or ticker television
display.
    The Vendor Agreement also requires that the Vendor report certain
information to OPRA to enable OPRA to verify the fees that the Vendor
is obligated to pay OPRA. The new form of Rider to OPRA's Vendor
Agreement states that the reporting requirements in the Vendor
Agreement will not apply to television dissemination of OPRA Data and
sets out requirements that are intended to elicit only the information
that OPRA needs to verify the fees paid by a television company for
television dissemination.
    The OPRA Data feed includes, in addition to options last sale and
quotation data, the values of various indexes for which OPRA or one of
the OPRA participant exchanges has permission to disseminate from the
index owners together with related options market data. Some owners of
the indexes that OPRA disseminates may not wish to have OPRA grant
television companies the right to disseminate their indexes separate
from the dissemination of related options market data. To accommodate
this possibility, the Rider includes language to give OPRA the ability
to grant permission to Vendor television companies to display index
values separately from the dissemination of related options market
data, and to revoke that permission. OPRA will treat all television
companies that sign Riders identically with respect to permission to
display index values. The Rider provides that, if OPRA revokes
permission to display particular index values separately from the
dissemination of related options market data, and as a consequence the
television company Vendor no longer wishes to display OPRA Data values
and pay fees for doing so, the television company Vendor may terminate
the Rider and its Vendor Agreement, or only the Rider, effective as of
the date that the index values cease to be available to the television
company Vendor.\5\
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    \5\ Any Vendor has the right under paragraph 1(c) of the Rider
to terminate the Rider, and under paragraph 19(d) of the OPRA form
of Vendor Agreement to terminate the Vendor Agreement, in each case
without cause upon thirty days written notice. The termination right
described in the text essentially provides comfort to a television
company Vendor that, if an index ceases to be available to the
Vendor on less than thirty days notice, the Vendor may terminate
either the Rider alone or the Rider and Vendor Agreement on the date
the index ceases to be available.
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    Section 2 of the Rider requires a television company Vendor to
display a legend on its television display at least three times a day.
The form of the legend is the same as the legend required by the
Consolidated Tape Association (``CTA'') for its counterpart Network A
service, and the requirement with respect to the display of the legend
is the same as the CTA requirement.\6\
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    \6\ See the CTA form of Exhibit C to its form Agreement for
Receipt and Use of Consolidated Network A Data and NYSE Market Data
for ``Cable Broadcasts.''
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    OPRA is proposing to charge a fee for the dissemination via
television of current OPRA Data on the basis of the number of
``thousands of households reached'' by the Vendor television company's
programming. \7\ This metric is widely used in the television industry
and is used by CTA for its counterpart service.
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    \7\ Specifically, OPRA plans to charge a fee of $.50 per 1,000
households reached. See proposed ``Television Display Fee'' on the
OPRA Fee Schedule.
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    The text of the proposed amendment to the OPRA Plan and the
proposed changes to the OPRA Fee Schedule are available at OPRA, the
Commission's Public Reference Room, and http://opradata.com/pdf/proposed_tv_rider.pdf
.

II. Implementation of the OPRA Plan Amendment

    OPRA will begin to use the proposed form Television Dissemination
Rider to its Vendor Agreement upon its approval by the Commission
pursuant to Section 11A of the Act \8\ and Rule 608(b)(1) thereunder.
\9\
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    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608(b)(1).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed OPRA
Plan amendment is consistent with the Act. Comments may be submitted by
any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-OPRA-2007-05 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OPRA-2007-05. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed plan amendment that are
filed with the Commission, and all written communications relating to
the proposed plan amendment between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 am and 3 pm. Copies of such filing also will be available for
inspection and copying at the principal office of OPRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-OPRA-2007-05 and should be
submitted on or before January 3, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(20).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-24121 Filed 12-12-07; 8:45 am]

BILLING CODE 8011-01-P