[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Proposed Rules]
[Pages 25835-25838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12867]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / 
Proposed Rules  

[[Page 25835]]



DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-96-011]
RIN 2115-AE46


Special Local Regulation: Fireworks Displays Within the First 
Coast Guard District

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish special local 
regulations for annual fireworks displays that occur throughout the 
First Coast Guard District. This regulation is necessary to control 
vessel traffic within the immediate vicinity of the fireworks launch 
sites and to ensure the safety of life and property during each event.

DATES: Comments must be received on or before June 6, 1996.

ADDRESSES: Comments should be mailed to Commander (b), First Coast 
Guard District, Captain John Foster Williams Federal Building, 408 
Atlantic Ave., Boston, MA 02110-3350, or may be hand delivered to Room 
428 at the same address, between 8 a.m. and 4 p.m., Monday through 
Friday, except federal holidays. Comments will become part of this 
docket and will be available for inspection or copying at the above 
address.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Benjamin M. 
Algeo, Chief, Boating Affairs Branch, First Coast Guard District, (617) 
223-8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. Each 
person submitting comments should include their name and address, 
identify this notice (CGD01-96-011), the specific section of the 
proposal to which each comment applies, and give the reason for each 
comment. Comments and attachments should be submitted on 8\1/2\'' x 
11'' unbound paper in a format suitable for copying and electronic 
filing. If that is not practical, a second copy of any bound material 
is requested. Persons requesting acknowledgment of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope. All 
comments received during the comment period will be considered by the 
Coast Guard and may change this proposal.
    The Coast Guard has no plans to hold a public hearing. Persons may 
request a public hearing by writing to Commander (b), First Coast Guard 
District at the address under ADDRESSES. The request should include 
reasons why a hearing would be beneficial. If the Coast Guard 
determines that oral presentations will aid this rulemaking, it will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register. Good cause exists for providing a comment 
period of less than 30 days. Due to the date final information was 
available concerning these events, the Coast Guard was unable to 
publish this NPRM in time to provide a longer comment period. Due to 
the need to establish regulations providing for the safety of these 
events, which start on Memorial Day weekend, additional notice would be 
impracticable, unnecessary, and contrary to the public interest.

Discussion of Proposed Amendments

    Each year, organizations in the First District sponsor fireworks 
displays in the same location during the same general time period. The 
Coast Guard proposes to establish a special local regulation that 
creates a regulated area surrounding the launch platform used during 
each fireworks display listed in Table 1 of the new regulation. Table 1 
provides dates and locations for the annual fireworks events. Each 
event listed in Table 1 will use a barge or on-shore site as the 
fireworks launch platform. Given the concentration of explosives at the 
launch site, it is necessary to establish special local regulations to 
control vessel movement within a 500 yard radius around the launch 
platform to ensure the safety of persons and property at these events. 
Coast Guard personnel on-scene may allow vessels within the 500 yard 
radius should conditions permit. The Coast Guard will publish a notice 
in the Federal Register each year which provides the exact dates and 
times for these events.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866, and does not require an assessment of 
potential costs 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 each fireworks 
display, the advance notice provided to the marine community, and the 
small size of each regulated area, the Coast Guard expects the economic 
impact of this proposal to be so minimal that a full Regulatory 
Evaluation, under paragraph 10e of the regulatory policies and 
procedures of DOT, is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact, on small entities, of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For the reasons mentioned in the Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal will not have 
a significant economic impact on a substantial number of small 
entities. If, however, you think that your business or organization 
qualifies as a small entity and that this rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this rule will economically affect it.

Collection of Information

    This proposal contains no collection of information requirements 
under the

[[Page 25836]]

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

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impacts of this 
proposal and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST 
16475.1B, (as revised by 61 FR 13564, March 27, 1996) this proposal is 
a special local regulation issued in conjunction with annual regattas 
or marine parades and is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Records and recordkeeping 
requirements, Waterways.

Proposed Regulation

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 33 CFR Part 100 as follows:

PART 100--[AMENDED]

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

    Authority: 33 USC 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2, A new section, Sec. 100.114, is added to read as follows:


Sec. 100.114  First Coast Guard District Fireworks.

    (a) Regulated area. That area within 500 yards of the launch 
platform for each fireworks display listed in Table 1 of this section.

Table 1--Fireworks Displays

1. Shooters Independence Day
Sponsor: Shooters Waterfront Cafe USA
Date: July 4
Location: Providence River off India Point Park, Providence, RI
2. Salute to Summer
Sponsor: Naval Education and Training Center
Date; Friday of Weekend preceding Labor Day holiday weekend
Location: Narragansett Bay, East Passage, off Coasters Harbor Island, 
Newport, RI
3. Yarmouth-Dennis Fireworks
Sponsor: Yarmouth-Dennis Chamber of Commerce
Date: Independence Day holiday weekend
Location: Nantucket Sound, east of channel entrance to Bass River, 
Yarmouth, MA
4. Edgartown Fireworks
Sponsor: Edgartown Firefighters Association
Date: Independence Day holiday weekend
Location: Edgartown Harbor, Edgartown, MA
5. City of New Bedford Fireworks
Sponsor: City of New Bedford
Date: Independence Day holiday weekend
Location: New Bedford Harbor, New Bedford, MA
6. Falmouth Fireworks
Sponsor: Falmouth Fireworks Committee
Date: July 4
Location: Falmouth Harbor, .25 nm east of buoy #16, Falmouth, MA
7. Bristol 4th of July Fireworks
Sponsor: Bristol Fourth of July Committee
Date: Independence Day holiday weekend
Location: Bristol Harbor, Bristol, RI
8. Oyster Harbor Club Fourth of July Festival
Sponsor: Oyster Harbor Club, Inc
Date: Independence Day holiday weekend
Location: Tim's Cove, North Bay, Osterville, RI
9. Town of Barnstable Fireworks
Sponsor: Town of Barnstable
Date: Independence Day holiday weekend
Location: Dunbar Point/Kalmus Beach, Barnstable, MA
10. Onset Fireworks
Sponsor: Prudential Commerce Onset Fire District
Date: Independence Day holiday weekend
Location: Onset Harbor, Onset, MA
11. Tiverton Waterfront Festival
Sponsor: Tiverton Waterfront Festival Committee
Date: Independence Day holiday weekend
Location: Grinnel's Beach, Sakonnet River, Tiverton, RI
12. Marion Fireworks
Sponsor: Town of Marion Fireworks Committee
Date: Independence Day holiday weekend
Location: Silver Shell Beach, Marion, MA
13. Wellfleet Fireworks
Sponsor: Wellfleet Fireworks Committee
Date: Independence Day holiday weekend
Location: Indian Neck Jetty, Wellfleet, MA
14. Oaks Bluff Fireworks
Sponsor: Oaks Bluff Fireman's Civic Association
Date: Last two weeks in August
Location: Oaks Bluff Beach, Oaks Bluff, MA
15. Anniversary Fireworks
Sponsor: Town of Chilmark
Date: Weekend in September
Location: Menemsha Beach, Chilmark, MA
16. Fall River Celebrates America Fireworks
Sponsor: Fall River Chamber of Commerce
Date: Second Saturday in August
Location: Taunton River, vicinity of buoy #17, Fall River, MA
17. Fireworks on the Navesink
Sponsor: Red Bank Fireworks Committee
Date: Independence Day holiday weekend
Location: Navesink River, 4 nm WSW Oceanic Bridge, Red Bank, NJ
18. Staten Island's 4th of July
Sponsor: Borough of Staten Island
Date: Independence Day holiday weekend
Location: Raritan Bay, vicinity of federal anchorages 44 and 45, Ward 
Point Bend, NY/NJ
19. Brick Founders Day Fireworks
Sponsor: Brick Township Chamber of Commerce
Date: First weekend in June
Location: Metedeconk River, Windward Beach, Brick Township, NJ
20. Brick Summerfest Fireworks
Sponsor: Brick Township Chamber of Commerce
Date: Independence Day holiday weekend
Location: Metedeconk River, Windward Beach, Brick Township, NJ
21. First Night Fireworks
Sponsor: First Night Inc.
Date: January 1, upon the stroke of midnight
Location: Boston Inner Harbor, Boston, MA
22. Boston Harborfest Fireworks
Sponsor: Harborfest Committee
Date: Harborfest Week Celebration in June or first week in July
Location: Boston Inner Harbor, Boston, MA
23. Weymouth 4th of July Fireworks
Sponsor: Town of Weymouth Harbormaster
Date: Independence Day holiday weekend
Location: Weymouth Fore River, Weymouth, MA
24. Gloucester Fireworks
Sponsor: Gloucester Chamber of Commerce
Date: Labor Day holiday weekend
Location: Gloucester Harbor, Gloucester, MA
25. Walsh's Fireworks
Sponsor: Mr. Patrick Walsh

[[Page 25837]]

Date: Independence Day holiday weekend
Location: Union River Bay, ME
26. Belfast Fireworks
Sponsor: Belfast Bay Festival Committee
Date: Third Saturday in July
Location: Belfast Bay, ME
27. Bangor Fireworks
Sponsor: Bangor 4th of July Corporation
Date: Independence Day holiday weekend
Location: Bangor/Brewer waterfront, ME
28. Bar Harbor Fireworks
Sponsor: Bar Harbor Chamber of Commerce
Date: Independence Day holiday weekend
Location: Bar Harbor/Bar Island, ME
29. Summer Music Fireworks
Sponsor: Summer Music Inc.
Date: Weekend during month of August
Location: Niantic River, Harkness Park, Waterford, CT
30. Montauk Independence Day
Sponsor: Montauk Chamber of Commerce
Date: Independence Day holiday weekend
Location: Montauk Town Beach, Montauk, NY
31. Koch Industrial Fireworks
Sponsor: Koch Industries
Date: Last weekend in August or first weekend in September
Location: Shinnecock Bay, South Hampton, NY
32. Norwich Harbor Day Fireworks
Sponsor: Harbor Day Committee
Date: Last Sunday in August
Location: Norwich Harbor, off American Wharf Marina, Norwich, CT
33. City of Norwalk Fireworks
Sponsor: Norwalk Recreation and Parks Department
Date: Independence Day holiday weekend
Location: Calf Pasture Beach, Long Island Sound, Norwalk, CT
34. Boys Harbor Fireworks Extravaganza
Sponsor: Boys Harbor Inc.
Date: Second or third weekend in July
Location: Three Mile Harbor, East Hampton, NY
35. Taste of Italy
Sponsor: Italian Heritage Committee
Date: Weekend following Labor Day holiday weekend
Location: Norwich Harbor, off Norwich Marina, Norwich, CT
36. Hartford Riverfest
Sponsor: July 4th Riverfest, Inc.
Date: Independence Day holiday weekend
Location: Connecticut River, Hartford, CT
37. Fairfield Aerial Fireworks
Sponsor: Fairfield Park Commission
Date: Independence Day holiday weekend
Location: Jennings Beach, Long Island Sound, Fairfield, CT
38. Middletown Fireworks
Sponsor: City of Middletown
Date: Independence Day holiday weekend
Location: Connecticut River, Middletown, CT
39. Thames River Fireworks
Sponsor: Town of Groton
Date: Weekend following Independence Day holiday weekend
Location: Thames River, off Electric Boat, Groton, CT
40. Stratford Fireworks
Sponsor: Town of Stratford
Date: Independence Day holiday weekend
Location: Short Beach, Stratford, CT
41. Hartford Riverfront Regatta
Sponsor: Riverfront Recapture Inc.
Date: First or second weekend in August
Location: Connecticut River, Hartford, CT
42. Subfest Fireworks
Sponsor: U.S. Naval Submarine Base
Date: Independence Day holiday weekend
Location: Thames River, Groton, CT
43. Old Lyme Fireworks
Sponsor: Mr. James R. Rice
Date: Independence Day holiday weekend
Location: Sound View Beach, Long Island Sound, Old Lyme, CT
44. Norwich American Wharf Fireworks
Sponsor: American Wharf Marina
Date: Independence Day holiday weekend
Location: Norwich Harbor, Norwich, CT
45. Wesport P.A.L. Fireworks
Sponsor: Westport Police Athletic League
Date: Independence Day holiday weekend
Location: Compo Beach, Westport, CT
46. Stamford Fireworks
Sponsor: City of Stamford
Date: Date within first two weeks of July
Location: Westcott Cove, Stamford, CT
47. First Night Mystic
Sponsor: Mystic Community Center
Date: December 31
Location: Mystic River, Mystic, CT
48. Cow Harbor Day Fireworks
Sponsor: Village of Northport Harbor
Date: Date within last two weekends of September
Location: Sand Pit, Northport Harbor, Northport, NY
49. Jones Beach State Park Fireworks
Sponsor: Long Island State Park Administration Headquarters
Date: Independence Day holiday weekend
Location: Fishing Pier, Jones Beach State Park, Wantagh, NY
50. Change Fireworks
Sponsor: Change, Medford, NY
Date: Date within first two weekends of August
Location: Short Beach, Nissequogue, NY
51. Devon Yacht Club Fireworks
Sponsor: Devon Yacht Club, Amagansett, NY
Date: Date within the first week of July
Location: Devon Yacht Club, Amagansett, NY
52. Hempstead Fireworks
Sponsor: Town of Hempstead, NY
Date: Date within the first week of July
Location: Point Lookout, Hempstead, NY
53. Town of Babylon Fireworks
Sponsor: Town of Babylon, NY
Date: Date within the first two weeks of July
Location: Nezeras Island, Babylon, NY
54. American Legion Post 83 Fireworks
Sponsor: Town of Branford American Legion Post 83
Date: Date within the first week of July
Location: Branford Point, Branford, CT
55. U.S. Open Fireworks
Sponsor: Barons Cove Inn, Sag Harbor, NY
Date: Date within the middle two weeks of June
Location: Barons Cove, Sag Harbor, NY
56. Bayville Crescent Club Fireworks
Sponsor: Bayville Crescent Club, Bayville, NY
Date: Independence Day holiday weekend
Location: Cooper Bluff, Cove Neck, NY
57. Yampol Family Fireworks
Sponsor: Azurite Corp. LTD., Fort Lauderdale, FL
Date: Date within the last weekend of May
Location: Barons Cove, Sag Harbor, NY

    (b) Special Local Regulations.
    (1) The Coast Guard patrol commander may delay, modify, or cancel 
the fireworks display as conditions or circumstances require.
    (2) No person or vessel may enter, transit, or remain within the 
regulated area during the effective period of regulation unless 
authorized by the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel 
may include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short

[[Page 25838]]

blasts from a U.S. Coast Guard vessel, the operator of a vessel shall 
proceed as directed. Members of the Coast Guard Auxiliary may also be 
present to inform vessel operators of this regulation and other 
applicable laws.
    (c) Effective dates. This section is in effect for each event 
listed in Table 1 on dates and times specified in a Federal Register 
notice.

    Dated: May 10, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-12867 Filed 5-22-96; 8:45 am]
BILLING CODE 4910-14-M