Special Local Regulations and Safety Zone; Northern California Annual Marine Events

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100 and 165

[CGD11-99-007]

RIN 2115-AE46

Special Local Regulations and Safety Zone; Northern California

Annual Marine Events

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing a number of outdated sections of

Special Local Regulations, the marine events regulations, and replacing

them with a single section containing an updated master list of

recurring marine events in Northern California, for which Special Local

Regulations are required. The Special Local Regulations are necessary

to control vessel traffic within the immediate vicinity of these marine

events to ensure the safety of life and property during each event. The

Coast Guard is also adding a master list of recurring fireworks events

to the Code of Federal Regulations. These comprehensive, permanent

listings will enable mariners and members of the public to better

anticipate major marine events and fireworks displays and will also

greatly ease the administration of these events by the Coast Guard.

DATES: July 2, 1999.

ADDRESSES: U.S. Coast Guard Group San Francisco, Yerba Buena Island,

San Francisco, California 94130-9309, Commander, Coast Guard Group San

Francisco maintains the public docket for this rulemaking. The docket

will be available for inspection and copying at Group San Francisco

between 9 a.m. and 5 p.m., Monday through Friday, except holidays.

Please call before visiting.

FOR FURTHER INFORMATION CONTACT: Petty Officer Doug Adams of Coast

Guard Group San Francisco, telephone number (415) 399-3440.

SUPPLEMENTARY INFORMATION:

Regulatory History

On August 31, 1998, the Coast Guard published a Notice of Proposed

Rulemaking (NPRM) for this regulation in the Federal Register (63 FR

46206). The comment period ended October 30, 1998. The Coast Guard

received no comments on the proposal. A public hearing was not

requested and no hearing was held.

Good cause exists for making this rule effective prior to

publication of the Final Rule because the events necessitating these

Special Local Regulations will occur throughout the summer beginning

with various firework displays in July. Consequently, the marine events

and fireworks events would occur prior to the effective date of this

regulation if the regulation did not become effective until 30 days

after publication of this Final Rule in the Federal Register,

jeopardizing the safety of lives and property of event participants and

spectators.

The Coast Guard has made two minor changes to the final rule that

were initiated at the request of sponsors after the publication of the

NPRM (CGD11-98-007) in 63 FR 46206. The Coast Guard has changed Table 1

of 33 CFR part 100 to reflect the new name of the fireworks event

sponsored annually on the last Saturday of May by KFOG Radio, San

Francisco. The Coast Guard has changed the table to reflect the change

in event name from ``KFOG Sky Concert'' to ``KFOG KaBoom.'' The Coast

Guard has also changed the location of the safety zone for San

Francisco Chronicle Fireworks Display sponsored annually by the San

Francisco Chronicle on July 4. The Coast Guard was notified by the San

Francisco Chronicle that there was a need for safety zone around a

second barge located in the vicinity of Aquatic Park. Rather than

increase the size of the safety zone published in the NPRM to include

the waters surrounding Aquatic Park, the Coast Guard has replaced the

safety zone with two smaller safety zones. Each zone will encompass the

navigable waters within 1,000 feet of each launch platform, thereby

decreasing the burden on the boating public. The safety zone around the

barge near Pier 39 will encompass the waters within a 1,000 foot radius

of the barge, which will be located at approximately 37 deg.48'49.0''N,

122 deg.24'46.5''W. The safety zone near Aquatic Park will encompass

the navigable waters within a 1,000 foot radius of the launch platform

which will be located at the end of the San Francisco Municipal Pier at

Aquatic Park at approximately: 37 deg.48'38.5''N, 122 deg.25'30.0''W.

The Coast Guard has added these minior changes to the final rule. The

Coast Guard expects that these changes will not impose any burden on

the public.

The Coast Guard has also moved the regulations pertaining to

fireworks events, previously listed under 33 CFR 100.1103 in the Notice

of Proposed Rulemaking, to a separate listing under 33 CFR part 165.

The Coast Guard has created a separate listing for the fireworks events

previously listed under 33 CFR 100.1103 to ensure that the general

regulations for safety zones, 33 CFR 165.23, apply to the fireworks

events. No substantive change has been made in the regulatory

provisions for these fireworks events. The Coast Guard is making this

minor technical change from the text of the NPRM in order to

incorporate the general regulations that are more closely tailored to

ensuring the safety of the public during fireworks events.

Background and Purpose

In accordance with the Coast Guard's responsibility to promulgate

special local regulations and safety zones to insure the safety of life

and protection of property on the navigable waters where marine events

are held, Commander, Eleventh Coast Guard District, is replacing the

outdated text of 33 CFR 100.1103 with a complete table of the annually

recurring marine events in the Northern California area and is adding a

table of recurring fireworks events to 33 CFR Part 165. The regulations

currently contained in 33 CFR 100.1104 and 33 CFR 100.1203, which have

also become outdated, will be deleted and superseded by the new text of

33 CFR 100.1103 as part of this revision as well.

Discussion

To streamline the administration of its safety enforcement

responsibilities the Coast Guard has revised 33 CFR 100.1103. The

former text in 33 CFR 100.1103 is deleted and new Special

[[Page 39028]]

Local Regulations will replace its content. Within this section will be

a listing of recurring marine regattas and races, non-competitive

marine parades, for which Special Local Regulations are required. This

listing will be placed under the heading ``Table 1.''

Generic requirements for all Special Local Regulations will be

explained in the paragraphs that precede Table 1 in 33 CFR 100.1103.

Any requirements that are event-specific will accompany the individual

listings in Table 1. Notification of the implementation of these

Special Local Regulations for the duration of each individual event

will be effectuated by announcement in the Local Notice to Marines.

This list of regulated events does not necessarily reflect all

recurring marine events in the Northern California area. Only those

recurring events that the Coast Guard has knowledge of and that are

necessary to insure the safety of life and protection of property on

the navigable waters of Northern California are listed.

Commander, Coast Guard Group San Francisco, is designated Patrol

Commander for the events listed in 33 CFR 100.1103; he has the

authority to delegate this responsibility to any commissioned, warrant,

or petty officer of the Coast Guard. Once the zone is established,

authorization to remain within the zone is subject to termination by

the Patrol Commander at any time. The Patrol Commander may impose other

restrictions within this zone if circumstances dictate. Restrictions

will be tailored to impose the least impact on maritime interests yet

provide the level of security deemed necessary to safely conduct these

events.

The Coast Guard is also adding a new section 33 CFR 165.1112. This

section will contain a listing of recurring fireworks events that will

be placed in Table 1 of 33 CFR 165.1112. The general requirements for

fireworks events will be explained in the paragraphs that precede Table

1 in 33 CFR 100.1112. Notification of the implementation of these

safety zones for the duration of each individual event will be

effectuated by announcement in the Local Notice to Mariners. This list

of regulated events does not necessarily reflect all recurring

fireworks events in the Northern California area. Only those recurring

events that the Coast Guard has knowledge of and that are necessary to

insure the safety of life and protection of property on the navigable

waters of Northern California are listed.

Commander, Coast Guard Group San Francisco, is designated Patrol

Commander for the events listed under Table 1 of 33 CFR 165.1112. He

has the authority to delegate this responsibility to any commissioned,

warrant, or petty officer of the Coast Guard. Once the safety zone is

established, no person may enter the safety zone unless authorized by

the Patrol Commander. No person may remain in the safety zone or allow

any vehicle, vessel or object to remain in the safety zone unless

authorized by the Patrol Commander. Each person in the safety zone who

has notice of a lawful order or direction shall obey the order of the

Patrol Commander.

Discussion of Comments

No comments were received.

Regulatory Evaluation

This regulation is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require assessment

of potential cost and benefits under section 6(a)(3) of that order. It

has been exempted from review by the Office of Management and Budget

under that Order. It is not significant under the regulatory policies

and procedures of the Department of Transportation (DOT) (44 FR 11040,

February 26, 1979). Due to the short duration of these marine events

and fireworks events and the advance notice provided to the maritime

community, the Coast Guard expects the economic impact of this

regulation to be so minimal that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory policies and procedures of the

Department of Transportation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' may include small businesses and not-for-profit

organizations that are not dominant in their fields and governmental

jurisdictions with populations less than 50,000. Because it expects the

impact of this rule to be so minimal, the Coast Guard certifies under

section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

that this rule will not have a substantial impact on a significant

number of small entities.

Assistance For Small Entities

In accordance with Sec. 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Public Law 104-121), the Coast Guard

wants to assist small entities in understanding this rule so that they

can better evaluate its effects on them and participate in the

rulemaking process. If your small business or organization is affected

by this rule and you have questions concerning its provisions or

options for compliance, please contact Lieutenant Andrew B. Cheney,

U.S. Coast Guard Marine Office San Francisco Bay at (510) 437-3073.

Collection of Information

This rule contains no collection of information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria in Executive Order 12612 and has determined that this rule

does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the environmental impact of this rule

and concluded that under section 2.B.2 of Commandant Instruction

M16475.1C, figure 2-1, paragraphs (34) (g) and (h), it will have no

significant environmental impact and it is categorically excluded from

further environmental documentation. A Categorical Exclusion

Determination and environmental analysis checklist will be available

for inspection and copying in the docket to be maintained by Group San

Francisco at the address listed under ADDRESSES.

Unfunded Mandates

Under the Unfunded Mandates Reform Act of 1995 (Public Law 104-4),

the Coast Guard must consider whether this rule will result in an

annual expenditure by state, local, and tribal governments, in the

aggregate of $100 million (adjusted annually for inflation). If so, the

Act requires that a reasonable number of regulatory alternatives be

considered, and that from those alternatives, the least costly, most

cost-effective, or least burdensome alternative that achieves the

objective of the rule be selected.

No state, local, or tribal government entities will be effected by

this rule, so this rule will not result in annual or aggregate costs of

$100 million or more. Therefore, the Coast Guard is exempt from any

further regulatory requirements under the Unfunded Mandates Act.

Other Executive Orders on the Regulatory Process

In addition to the statutes and Executive Orders already addressed

in its preamble, the Coast Guard

[[Page 39029]]

considered the following executive orders in developing this final rule

and reached the following conclusions:

E.O. 12630, Governmental Actions and Interference with

Constitutionally Protected Property Rights. This Rule will not effect a

taking of private property or otherwise have taking implications under

this Order.

E.O. 12875, Enhancing the Intergovernmental Partnership. This Rule

will not impose, on any State, local, or tribal government, a mandate

that is not required by statute and that is not funded by the Federal

government.

E.O. 12988, Civil Justice Reform. This Rule meets applicable

standards in section 3(a) and 3(b)(2) of this Order to minimize

litigation, eliminate ambiguity, and reduce burden.

E.O. 13045, Protection of Children from Environmental Health Risks

and Safety Risks. This Rule is not an economically significant rule and

does not concern an environmental risk to safety disproportionately

affecting children.

List of Subjects

33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Regulation

For the reasons set out in the preamble, the Coast Guard amends

parts 100 and 165 of Title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

1. The authority citation for part 100 continues to read as

follows:

Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR

100.35.

2. Revise 33 CFR 100.1103 to read as follows:

Sec. 100.1103 Northern California annual marine events.

(a) General. Special local regulations are established for the

events listed in table 1 of this section. Further information on exact

dates, times, and other details concerning the number and type of

participants and an 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 each event. To be placed on the

mailing list contact: Commander (oan), Eleventh Coast Guard District,

Coast Guard Island, Building 50-6, Alameda, CA 94501-5100.

Note to Paragraph (a): Sponsors of events listed in Table 1 of

this section must submit an application each year as required by 33

CFR Part 100, Subpart A, to Commander, Coast Guard Group San

Francisco, Yerba Buerna Island, San Francisco, CA 94130-9309.

(b) Special local regulations. All persons and vessels not

registered with the sponsor as participants or with Commander, Coast

Guard Group San Francisco 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 Commander, Coast Guard Group

San Francisco, to patrol each event.

(1) No spectator shall anchor, block, loiter, nor impede the

through transit of participants or official patrol vessels, in the

regulated areas 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 regulated area 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 regulated area. The Patrol

Commander shall be designated by the Commander, Coast Guard Group San

Francisco; will be a U.S. Coast Guard commissioned officer, warrant

officer or petty officer to act as the Group Commander's official

representative; and will be located aboard the lead official patrol

vessel. As the Group 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

(156.65MHz) when required, by the call sign ``PATCOM''.

(4) The Patrol Commander may, upon request, allow the transit of

commercial vessels through regulated areas when it is safe to do so.

Table 1 to Sec. 100.1103

[All coordinates referenced use datum NAD 83.]

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San Francisco Grand Prix

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Sponsor................................... Pacific Offshore Powerboat

Racing Association.

Event Description......................... Professional High-speed

powerboat race.

Date...................................... Saturday or Sunday in April.

Location.................................. San Francisco Waterfront to

South Tower of Golden Gate

Bridge.

Regulated Area............................ 37 deg.-49'-10''N, 122 deg.-

24'-07''W; thence to

37 deg.-48'-50''N, 122 deg.-

24'-07''W; thence to

37 deg.-48'-56''N, 122 deg.-

28'-48''W; thence to

37 deg.-48'-48''N, 122 deg.-

28'-48''W; thence returning

to the point of origin.

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Blessing of the Fleet

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Sponsor................................... Corinthian Yacht Club.

Event Description......................... Boat parade during which

vessels pass by a pre-

designated platform or

vessel.

Date...................................... Last Sunday in April.

Location.................................. Raccoon Strait.

Regulated Area............................ The area between a line

drawn from Bluff Point on

the southeastern side of

Tiburon Peninsula to Point

Campbell on the northern

edge of Angel Island, and a

line drawn from Peninsula

Point on the southern edge

of Tiburon Peninsula to

Point Stuart on the western

edge of Angel Island.

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[[Page 39030]]

Opening Day on San Francisco Bay

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Sponsor................................... Pacific inter-Club Yacht

Association and Corinthian

Yacht Club.

Event Description......................... Boat parade during which

vessels pass by a pre-

designated platform or

vessel.

Date...................................... Sunday in April.

Location.................................. San Francisco waterfront,

Crissy Field to Pier 35.

Regulated Area............................ The area defined by a line

drawn from Fort Point (37

deg.48.66N, 122

deg.28.64W); thence

easterly approximately

5,000 yards to a point

located at 37 deg.49.15N,

122 deg.25.61'W; thence

easterly to the Blossom

Rock Bell Buoy (37

deg.49.10N122 deg.24.20W);

thence westerly to the

Northeast corner of Pier

35; thence returning along

the shoreline to the point

of origin.

Special Requirements. All

vessels entering the

regulated area shall follow

the parade route

established by the sponsor

and be capable of

maintaining an approximate

speed of 6 knots.

Commercial Vessel Traffic

Allowances. The parade will

be interrupted, as

necessary, to permit the

passage of commercial

vessel traffic. Commercial

traffic must cross the

parade route at a no-wake

speed and perpendicular to

the parade route.

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Race the Straits Offshore Grand Prix Festival

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Sponsor................................... Pacific Offshore Powerboat

Racing Association.

Event Description......................... Professional high-speed

powerboat race.

Date...................................... Sunday in July.

Location.................................. Carquinez Strait and San

Pablo Strait.

Reglated Area............................. 38 deg.02'12''N, 122

deg.08'31''W thence to

38 deg.02'38''N, 122

deg.10'00''W thence to

38 deg.03'20''N, 122

deg.10'20''W thence to

38 deg.03'48''N, 122

deg.13'32''W thence to

38 deg.03'36''N, 122

deg.17'37''W thence to

38 deg.03'19''N, 122

deg.17'34''W thence to

38 deg.03'35''N, 122

deg.13'32''W thence to

38 deg.03'24''N, 122

deg.12'01''W thence to

38 deg.02'58''N, 122

deg.10'58''W thence to

38 deg.01'55''N, 122

deg.09'47''W thence to

38 deg.01'58''N, 122

deg.08'31''W thence

returning to the point of

origin.

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Delta Thunder Powerboat Race

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Sponsor................................... Pacific Offshore Power

Racing Association.

Event Description......................... Professional high-speed

powerboat race.

Date...................................... Sunday in September.

Location.................................. Off Pittsburgh, CA in the

waters around Winter Island

and Brown Island.

Regulated Area............................ The water area of Suisun Bay

commencing at Simmons Point

on Chipps Island; thence

southwesterly to Stake

Point on the southern shore

of Suisun Bay; thence

easterly following the

southern shoreline of

Suisun Bay and New York

Slough to New York Slough

Buoy 13; thence north-

northwesterly to the

Northwestern corner of

Fraser Shoal; thence

northwesterly to the

western tip of Chain

Island; thence west-

northwesterly to the

northeast tip of Van Sickle

Island; thence following

the shoreline of Van Sickle

Island and Chipps Island

and returning to the point

of origin.

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Festival of the Sea

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Sponsor................................... San Francisco Maritime

National Historical Park.

Event Description......................... Tugboat Race.

Date...................................... Sunday in September.

Location.................................. From Crissy Field to Aquatic

Park.

Regulated Area............................ San Francisco Bay

approximately 500 yards

offshore of Golden Gate

Yacht club, Gas house Cove,

and extending east to Pier

45. All mariners may

proceed with caution but

must keep at least 500 foot

distance from the competing

tugboats.

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Sec. 100.1104 [Removed]

3. Remove 33 CFR 100.1104.

Sec. 100.1203 [Removed]

4. Remove 33 CFR 100.1203.

PART 165--[AMENDED]

5. The authority citation for Part 165 continues to read as

follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),

6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

6. A new Sec. 165.1112 is added to read as follows:

Sec. 165.1112 Safety zones: Northern California 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 prior to each event.

(b) Regulations. ``Official Patrol Vessels'' consist of any Coast

Guard, other Federal, state or local law enforcement, and any public or

sponsor-provided vessels assigned or approved

[[Page 39031]]

by Commander, Coast Guard Group San Francisco, to patrol each event.

(1) In accordance with the general regulations in Sec. 165.23 of

this part, entering into, transiting through, or anchoring within these

zones is prohibited, unless authorized by the Patrol Commander.

(2) Each person in a safety zone who receives notice of a lawful

order or direction issued by an official patrol vessel shall obey the

order or direction.

(3) The Patrol Commander (PATCOM) is empowered to forbid and

control the movement of all vessels in the regulated area. The Patrol

Commander shall be designated by the Commander, Coast Guard Group San

Francisco; will be a U.S. Coast Guard commissioned officer, warrant

officer or petty officer to act as the Group Commander's official

representative; and will be located aboard the lead official patrol

vessel.

(4) The Patrol Commander may, upon request, allow the transit of

commercial vessels through regulated areas when it is safe to do so.

Table 1 to Sec. 165.1112

[All coordinates referenced use datum NAD 83]

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KFOG KaBoom

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Sponsor................................... KFOG Radio, San Francisco.

Event Description......................... Fireworks display.

Date...................................... Last Saturday in May.

Location.................................. 1,000 feet off Pier 30/32.

Regulated Area............................ That area of navigable

waters within a 1,000 foot

radius of the launch

platform.

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Fourth of July Fireworks, City of Monterey

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Sponsor................................... City of Monterey, Recreation

& Community Services

Department.

Event Description......................... Fireworks Display.

Date...................................... July 4th.

Location.................................. Monterey Bay, East of

Municipal Wharf #2.

Regulated Area............................ That area of navigable

waters within a 1,000 foot

radius of the launch

platform.

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Fourth of July Fireworks, City of Sausalito

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Sponsor................................... City of Sausalito.

Event Description......................... Fireworks Display.

Date...................................... July 4th.

Location.................................. 1,000 feet off-shore from

Sausalito waterfront, North

of Spinnaker Rest.

Regulated Area............................ That area of navigable

waters within a 1,000 foot

radius of the launch

platform.

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Fourth of July Fireworks, Lake Tahoe

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Sponsor................................... Anchor Trust.

Event Description......................... Fireworks Display.

Date...................................... July 4th.

Location.................................. 1,000 feet off Incline

Village, Nevada in Crystal

Bay.

Regulated Area............................ That area of navigable

waters within a 1,000 foot

radius of the launch

platform.

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Fourth of July Fireworks, South Lake Tahoe Gaming Alliance

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

Sponsor................................... Harrah's Lake Tahoe.

Event Description......................... Fireworks Display.

Date...................................... July 4th.

Location.................................. Off South Lake Tahoe,

California near Nevada

border.

Regulated Area............................ That area of navigable

waters within a 1,000 foot

radius of the launch

platform.

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Independence Day Fireworks

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Sponsor................................... North Tahoe Fire Protection

District.

Event Description......................... Fireworks Display.

Date...................................... July 4th.

Location.................................. Offshore from Kings Beach

State Beach.

Regulated Area............................ That area of navigable

waters within a 1,000 foot

radius of the launch

platform.

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July 4th Fireworks Display

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Sponsor................................... North Tahoe Fire Protection

District.

Event Description......................... Fireworks Display.

Date...................................... July 4th.

Location.................................. Offshore of Common Beach,

Tahoe City, CA.

Regulated Area............................ That area of navigable

waters within a 1,000 foot

radius of the launch

platform.

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San Francisco Chronicle Fireworks Display

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Sponsor................................... San Francisco Chronicle.

Event Description......................... Fireworks Display.

[[Page 39032]]

Date...................................... July 4th.

Location 1................................ A barge located

approximately 1,000 feet

off of San Francisco Pier

39 at approximately: 37

deg.48'49.0'' N, 122

deg.24'46.5'' W.

Regulated Area............................ The area of navigable waters

within a 1,000 foot radius

of the launch platform.

Location 2................................ The end of the San Francisco

Municipal Pier at Aquatic

Park at approximately: 37

deg.48'38.5'' N, 122

deg.25'30.0'' W.

Regulated Area............................ The area of navigable waters

within a 1,000 foot radius

of the launch platform.

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Vallejo Fourth of July Fireworks

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Sponsor................................... Vallejo Marina.

Event Description......................... Fireworks Display.

Date...................................... July 4th.

Location.................................. Mare Island Strait.

Regulated Area............................ That area of navigable

waters within a 1,000 foot

radius of the launch

platform.

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

Dated: July 1, 1999.

T.H. Collins,

Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard

District.

[FR Doc. 99-18486 Filed 7-20-99; 8:45 am]

BILLING CODE 4910-15-M